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Portrait of Emiliya Bratanova. Photo.

Emiliya Bratanova

Doctoral student

Portrait of Emiliya Bratanova. Photo.

Refugee Integration in European Human Rights Law and EU Law : A Right to be Integrated?

Author

  • Emiliya Bratanova van Harten

Editor

  • Philip Czech
  • Lisa Heschl
  • Karin Lukas
  • Manfred Nowak
  • Gerd Oberleitner

Summary, in English

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.

Department/s

  • Human Rights Law
  • Department of Law
  • Migration Law

Publishing year

2022

Language

English

Pages

41-74

Publication/Series

European Yearbook on Human Rights 2022

Document type

Book chapter

Topic

  • Law

Keywords

  • Human rights
  • EU law
  • Mänskliga rättigheter
  • EU-rätt

Status

Published

Research group

  • Human Rights Law
  • Migration Law

ISBN/ISSN/Other

  • ISBN: 9781839702655