The European Court of Human Rights: A Guardian of Minimum Standards in the Context of Immigration

Abstract

The innovative use of the general doctrines and the nature of the European Convention on Human Rights as a living instrument have enabled the progressive protection of immigrants. This research illustrates how the immigration case law of the European Court of Human Rights has been evolving in the past years. The development of the immigration jurisprudence of the ECtHR has connection to EU law and general concepts of international law, such as the best interest of child. In addition, the recent case law on positive obligations is contributing to discussion over the reception conditions of asylum seekers. The Strasbourg jurisprudence sets a minimum standard for the European immigration policy that should be taken into account even in exceptional circumstances.