26/07/2011

Article 8 ECHR and deprivation of the right to work of asylum seekers

Long term deprivation of the right to work for asylum seekers as a violation of article 8 ECHR?

This article analyses the implication of article 8 ECHR on the right to work of asylum seekers (and potentially all vulnerable migrants, non- returnables or migrants in need of international protection) deprived of the right to work by governments during long period of time.

The European Convention on Human Rights (ECHR) geographical scope is wider than geographical scope of article 11 of the current Reception Conditions Directive. It might therefore prove a useful tool in European Countries not covered by the Reception Conditions Directive (such as Ireland and Danemark among others).

Interestingly, in ZO and others v. SSHD (see previous post), UK Supreme Court did not choose to examinate deprivation of the right to work under article 8 ECHR (as previously done by 'lowest' court).

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