This chapter examines some jurisprudential trends in the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (ECJ) on the issue of human dignity as the basis and source of respect for the rights and freedoms of migrants. With regard to the ECJ, reference is made to the application of the Charter of Fundamental Rights of the European Union. With regard to the ECtHR, reference is made to the various forms of dignity referred to therein, despite the absence of explicit normative wording on “respect for human dignity” in the European Convention on Human Rights and Fundamental Freedoms (ECHR). The chapter will also examine possible elements of convergence in the highly complex and contested use of the concept of (human) dignity, particularly in the light of the judicial practice of the ECtHR and ECJ on migrants in the so-called discontinuous “dialogue” between the two European Courts.
Human dignity as the basis and source of respect for the rights and freedoms of migrants: some elements of convergence in the case law of the European Courts (ECHTHR and ECJ)
A. Di Stasi
2024-01-01
Abstract
This chapter examines some jurisprudential trends in the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (ECJ) on the issue of human dignity as the basis and source of respect for the rights and freedoms of migrants. With regard to the ECJ, reference is made to the application of the Charter of Fundamental Rights of the European Union. With regard to the ECtHR, reference is made to the various forms of dignity referred to therein, despite the absence of explicit normative wording on “respect for human dignity” in the European Convention on Human Rights and Fundamental Freedoms (ECHR). The chapter will also examine possible elements of convergence in the highly complex and contested use of the concept of (human) dignity, particularly in the light of the judicial practice of the ECtHR and ECJ on migrants in the so-called discontinuous “dialogue” between the two European Courts.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.