Abstract

Embedded in mutually reinforcing processes of “humanrightization” in law, politics, and everyday practice,1 the European Court of Human Rights in Strasbourg (ECtHR, or Strasbourg Court) has become a central actor and forum for conflicts around the inclusion and exclusion of migrants in Europe. The Strasbourg Court has derived specific protections for migrants from the originally “migration-blind” norms of the European Convention on Human Rights (ECHR), such as the prohibition of torture, and respect for family and private life, for example.2 This extension of the ECHR to migrants means that migration control is no longer purely within the discretion of states.

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