TY - BOOK AU - Dembour,Marie-Bénédicte TI - When humans become migrants : study of the European Court of Human Rights with an inter-American counterpoint: study of the European Court of Human Rights with an inter-American counterpoint SN - 9780199667833 AV - K3275 .D46 U1 - 342/.082 23 PY - 2015/// CY - Oxford, UK PB - Oxford University Press KW - European Court of Human Rights KW - Inter-American Court of Human Rights KW - fast KW - Cour européenne des droits de l'homme KW - ram KW - Cour interaméricaine des droits de l'homme KW - Emigration and immigration law KW - Europe KW - Latin America KW - Immigrants KW - Civil rights KW - International human rights courts KW - Donation N1 - Includes bibliographical references and index; Introduction -- The alien in the social imagination of the founding texts -- Rejecting the legacy of empire : postcolonial dereliction (East African Asians case) -- Dislocating families : the Strasbourg reversal (Abdulaziz, Cabales and Balkandali) -- Not-so-threatening foreigners : nationality as a core human rights issue (Advisory Opinion 4/84) -- Shattering lives : the normalisation of deportation (after Berrehab) -- The sleeping beauty awakens late : an absolute prohibition with many buts (around Soering) -- Social protection? All are equal, but some more so than others (after Gaygusuz) -- The voice of the Inter-American Court : equality as jus cogens (Advisory Opinions 16/99 and 18/03) -- Reparations are a big issue : taking human rights one step further (Yean and Bosico) -- Migrants, not criminals : the continual elaboration of strong human rights norms in the Inter-American system (V�elez Loor) -- Domestic asylum procedures aside : scrutinising Strasbourg's 'scrutiny' (M.S.S.) -- The darkest case law : condoning rightlessness (Bonger et alia) -- On the road to substantive equality : due process and non-discrimination at San Jos�e (Nadege Dorzema and Pacheco Tineo) / Lourdes Peroni -- Conclusion : The way forward N2 - "The treatment of migrants is one of the most challenging issues that human rights jurisprudence faces today, as the controversies surrounding immigration often lead to practices that are at odds with the ethics of treating migrants as individuals worthy of human rights. This book examines the opposing ways in which the European Court of Human Rights and the Inter-American Court of Human Rights treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. the book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then - but only as a second step in its reasoning - as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants as human beings in the first instance. When Humans Become Migrants argues that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to migration. It shows how these trends formed at the courts,and assesses whether their approaches have changed over time. Ultimately it asks whether the divergence in the case law of the two courts is likely to continue, and what avenues exist in order to produce a more progressive case law at Strasbourg"--Unedited summary from book jacket ER -