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Khlaifia V. Italy: Article 4 Protocol 4 ECHR & Individual Assessment.pdf

Khlaifia-and-Others-v-Italy-AIRE-ECRE.pdf

Preview of Khlaifia v. Italy: Article 4 Protocol 4 ECHR & Individual Assessment

🔗 Source: ecre.org

📊 Size: 485 KB

👤 Author: Sarah

⬇️ Downloads: 24

Summary

Article 4 Protocol 4 ECHR prohibits collective expulsion, which applies to all individuals without a right to enter and reside in a state. The prohibition is not based on a personal risk of ill treatment or violations of other Convention rights, but rather on the principle that individualized consideration must be given to each alien being expelled. The wrong that the provision prohibits is the collectivity of measures adopted and the lack of individualized consideration of personal situations. The prohibition reduces the risk of discriminatory treatment and ensures that individual rights and needs are taken into account. Collective expulsion normally denies victims access to individualized remedies, such as those provided for in Article 13 ECHR. The protection from collective expulsion is distinct from general procedural rights of individual aliens, procedural and substantive rights derived from risks of refoulement, and procedural and substantive rights derived from Article 4 ECHR or Article 8 ECHR.

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Description

The prohibition of collective expulsion is a matter of both substantive and procedural principles that applies to all those who do not have a right to enter and reside in a state by virtue of their citizenship of that state. This principle is enshrined in Article 4 Protocol 4 ECHR.

Technical Information

File Format: PDF
File Size: 485 KB
Pages: 14
Language: EN
Author: Sarah
Total Downloads: 24
Last Updated: 1 week ago

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