Emiliya Bratanova
Doctoral student
Refugee Integration in European Human Rights Law and EU Law : A Right to be Integrated?
Author
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