Refugee Integration in European Human Rights Law and EU Law : A Right to be Integrated?
(2022) p.41-74- Abstract
- Refugee integration is a highly politicised topic and is rarely analysed from a legal perspective. This contribution aims to address this gap by tracing the potential of the right to be integrated in legal terms, analysing its legal sources in European human rights law, and in European Union (EU, the Union) law, using a doctrinal method. It answers the question: is there a state obligation to provide integration support for refugees ? And, alternatively, is there a right for refugees to be integrated ? While such an acknowledgement has a high value from a practical perspective, to further the rights of refugees by legally obliging states to build inclusive societies in line with democratic values and principles, it is also important from... (More)
- Refugee integration is a highly politicised topic and is rarely analysed from a legal perspective. This contribution aims to address this gap by tracing the potential of the right to be integrated in legal terms, analysing its legal sources in European human rights law, and in European Union (EU, the Union) law, using a doctrinal method. It answers the question: is there a state obligation to provide integration support for refugees ? And, alternatively, is there a right for refugees to be integrated ? While such an acknowledgement has a high value from a practical perspective, to further the rights of refugees by legally obliging states to build inclusive societies in line with democratic values and principles, it is also important from the point of view of ensuring legal certainty. By being sensitised to the different uses and underlying principles of integration, judges could ensure a higher level of legal consistency in cases pertaining to integration. The contribution reveals that there is a right for refugees to be integrated which has its source in EU law. However, as it has not been invoked so far, the current analysis proposes an interpretation of that right in terms of both its content and level of protection. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/f73f2746-c61b-40fe-880f-19208b163531
- author
- Bratanova van Harten, Emiliya LU
- organization
- publishing date
- 2022
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Human rights, EU law, Mänskliga rättigheter, EU-rätt
- host publication
- European Yearbook on Human Rights 2022
- editor
- Czech, Philip ; Heschl, Lisa ; Lukas, Karin ; Nowak, Manfred and Oberleitner, Gerd
- pages
- 41 - 74
- ISBN
- 9781839702655
- language
- English
- LU publication?
- yes
- id
- f73f2746-c61b-40fe-880f-19208b163531
- date added to LUP
- 2022-12-02 17:35:22
- date last changed
- 2022-12-02 17:35:22
@inbook{f73f2746-c61b-40fe-880f-19208b163531,
abstract = {{Refugee integration is a highly politicised topic and is rarely analysed from a legal perspective. This contribution aims to address this gap by tracing the potential of the right to be integrated in legal terms, analysing its legal sources in European human rights law, and in European Union (EU, the Union) law, using a doctrinal method. It answers the question: is there a state obligation to provide integration support for refugees ? And, alternatively, is there a right for refugees to be integrated ? While such an acknowledgement has a high value from a practical perspective, to further the rights of refugees by legally obliging states to build inclusive societies in line with democratic values and principles, it is also important from the point of view of ensuring legal certainty. By being sensitised to the different uses and underlying principles of integration, judges could ensure a higher level of legal consistency in cases pertaining to integration. The contribution reveals that there is a right for refugees to be integrated which has its source in EU law. However, as it has not been invoked so far, the current analysis proposes an interpretation of that right in terms of both its content and level of protection.}},
author = {{Bratanova van Harten, Emiliya}},
booktitle = {{European Yearbook on Human Rights 2022}},
editor = {{Czech, Philip and Heschl, Lisa and Lukas, Karin and Nowak, Manfred and Oberleitner, Gerd}},
isbn = {{9781839702655}},
keywords = {{Human rights; EU law; Mänskliga rättigheter; EU-rätt}},
language = {{eng}},
pages = {{41--74}},
title = {{Refugee Integration in European Human Rights Law and EU Law : A Right to be Integrated?}},
year = {{2022}},
}