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A stark choice : Domestic violence or deportation? The immigration status of victims of domestic violence under the istanbul convention

Stoyanova, Vladislava LU (2018) In European Journal of Migration and Law 20(1). p.53-82
Abstract
The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention) is a relatively recent treaty that has the objective to protect women against all forms of violence and to design a comprehensive framework of measures for achieving this aim. Migrant women are of special concern given the awareness that when their migration status is dependent on that of their sponsoring spouse, they might be faced with a stark choice between staying in an abusive relationship or risking being deported. Article 59 (residence status) of the Convention is intended to respond to this problem by providing an immigration relief to migrant women victims of violence by carving out exceptions in the... (More)
The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention) is a relatively recent treaty that has the objective to protect women against all forms of violence and to design a comprehensive framework of measures for achieving this aim. Migrant women are of special concern given the awareness that when their migration status is dependent on that of their sponsoring spouse, they might be faced with a stark choice between staying in an abusive relationship or risking being deported. Article 59 (residence status) of the Convention is intended to respond to this problem by providing an immigration relief to migrant women victims of violence by carving out exceptions in the immigration control prerogatives of host states. Article 59 raises two interrelated questions: under what conditions are these exceptions triggered and what is their transformative potential in the light of the immigration rights that Article 59 extends to migrant women. This article argues that while the Istanbul Convention will generate some positive changes, the overall advancement triggered by the treaty in the area of protection of migrant women suffers from significant limitations. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Domestic violence, Migrant, Residence permit, Public international law, Folkrätt, Migrant
in
European Journal of Migration and Law
volume
20
issue
1
pages
30 pages
publisher
Brill Academic Publishers
external identifiers
  • scopus:85044820062
ISSN
1388-364X
DOI
language
English
LU publication?
yes
id
cf3978eb-7ce9-4f07-878e-03371feda1dd
date added to LUP
2018-03-11 19:36:34
date last changed
2018-05-29 09:53:43
@article{cf3978eb-7ce9-4f07-878e-03371feda1dd,
  abstract     = {The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention) is a relatively recent treaty that has the objective to protect women against all forms of violence and to design a comprehensive framework of measures for achieving this aim. Migrant women are of special concern given the awareness that when their migration status is dependent on that of their sponsoring spouse, they might be faced with a stark choice between staying in an abusive relationship or risking being deported. Article 59 (residence status) of the Convention is intended to respond to this problem by providing an immigration relief to migrant women victims of violence by carving out exceptions in the immigration control prerogatives of host states. Article 59 raises two interrelated questions: under what conditions are these exceptions triggered and what is their transformative potential in the light of the immigration rights that Article 59 extends to migrant women. This article argues that while the Istanbul Convention will generate some positive changes, the overall advancement triggered by the treaty in the area of protection of migrant women suffers from significant limitations.},
  author       = {Stoyanova, Vladislava},
  issn         = {1388-364X},
  keyword      = {Domestic violence,Migrant,Residence permit,Public international law,Folkrätt,Migrant},
  language     = {eng},
  month        = {01},
  number       = {1},
  pages        = {53--82},
  publisher    = {Brill Academic Publishers},
  series       = {European Journal of Migration and Law},
  title        = {A stark choice : Domestic violence or deportation? The immigration status of victims of domestic violence under the istanbul convention},
  url          = {http://dx.doi.org/},
  volume       = {20},
  year         = {2018},
}