The Socio-Economic Rights of Asylum Seekers

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Publication Date 2015
ISBN 978-0-415-72076-2
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The Refugee Convention of 1951 did not categorically provide for the socio-economic rights of asylum seekers. While the United Nations High Commissioner for Refugees Executive Committee has subsequently attempted to address these shortcomings, they have not categorically stated whether those seeking asylum still enjoy socio-economic rights recognised under human rights treaties provisions.

This book explores the tensions between seemingly universal socio-economic rights and the justification or legitimisation of differences in meeting these rights between citizens and those claiming asylum. The book provides an examination of the normative content of a number of core socio-economic rights for asylum seekers, in particular the right to food, water and shelter, right to health and the right to a decent standard of living. The book analyses the socio-economic rights of asylum seekers under internationalised legal mechanisms including the UN system of human rights protection, the European Union, and the Council of Europe. It questions the legitimacy of differentiation towards the socio-economic of asylum seekers that has been adopted by many states, and presents a persuasive argument as to the inclusivity of socio-economic rights for asylum seekers, while recognising the limits of human rights in this regard.

Contents:
PART 1: Asylum Seekers, Human Rights and Law
1. Introduction
2. The Legal Status of Asylum Seekers in International Law

PART 2: International Law and the Socio-Economic Rights of Asylum Seekers
3. The Applicability of International Human Rights Law to Asylum Seekers
4. UN Human Rights Treaty Bodies and the Normative Content of Socio-Economic Rights
5. The Normative Content of Socio-Economic Rights for Asylum Seekers
6. The Refugee Convention, the UNHCR and the Socio-Economic Rights of Asylum Seekers

PART 3: The Socio-Economic Rights of Asylum Seekers in Europe
7. The European Union and Socio-Economic Rights of Asylum Seekers
8. The Council of Europe and the Socio-Economic Rights of Asylum Seekers

PART 4: On the Limits of Human Rights
9. Conclusion: Accepting Limitations or towards a More Cosmopolitan Understanding of the Socio-Economic Rights of Asylum Seekers under International Law?

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