Dealing with would-be immigrants
Convention rights and issues I need to consider
Articles 2 Right to life, 3 Prohibition of torture, 5 Right to liberty, 8 Respect for private and family life, 14 Prohibition of discrimination, 34 Right of individual application, Protocol No. 4 Article 4, Prohibition of collective expulsions of aliens, Protocol No. 7 Article 1, Procedural safeguards relating to expulsion of aliens
In addition to the general issues arising on any deprivation of liberty previously set out on, the following issues arise:
- Is any arrest or detention justified under Article 5(1)(f )?
- Are would-be immigrants being kept separately from persons detained within criminal proceedings and from convicts?
- Have the specific accommodation needs of families, women and children been met?
- Is any force used to restrain reluctant deportees moderate and proportionate?
- Where would-be immigrants have family in the country, have theirrights of family life been considered and respected?
- Where groups of non-nationals are to be expelled, has each of their cases been examined individually?
- Have individuals facing expulsion been given the procedural rights of Protocol 7 Article 1?
References to article numbers are to the European Convention on Human Rights except where a Protocol is specified.
The issues listed are not exhaustive.
Do you touch on any of the Convention rights in your work?