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Van Hout, MC and Wessels, J (2023) “#ForeignersMustGo versus ‘in favorem libertatis’”: Human rights violations and procedural irregularities in South African immigration detention law. Journal of Human Rights. ISSN 1475-4835
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ForeignersMustGo versus in favorem libertatis Human rights violations and procedural irregularities in South African immigration .pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (2MB) | Preview |
Abstract
In 2021, an estimated 3.95 million foreign nationals resided in South Africa, with no data available on numbers of displaced persons or undocumented migrants, residing without legal or valid immigration status. Surveillance data on immigration detention is scant. We present a socio-legal account of the historical evolution of South African immigration detention regulation in post-apartheid timeframes, with a view to providing a legal realist assessment of the socio and politico-legal dimensions pertinent to human rights assurances of immigration detainees in South Africa. The realist focus is on scrutinising South Africa’s progress in upholding the rights of immigration detainees and illustrating the contemporary complexities in ensuring due process in the (co) application of the Immigration Act (and Refugees Act) explicitly regarding immigration detention processes and practices. We present the applicable international and regional African human rights treaties, domestic regulations and relevant jurisprudence to the rights of immigration detainees in South Africa. The generated realist narrative is cognizant of the contextual forces of migration into South Africa, securitization agendas, violations of basic human rights and due process, and illustrates various gaps in the application of domestic laws, policies and standards of care regarding immigration detention when evaluated against the rule of law.
| Item Type: | Article |
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| Uncontrolled Keywords: | 1801 Law; 2002 Cultural Studies; 2005 Literary Studies |
| Subjects: | H Social Sciences > HV Social pathology. Social and public welfare. Criminology K Law > K Law (General) K Law > KL Asia and Eurasia, Africa, Pacific Area, and Antarctica H Social Sciences > HV Social pathology. Social and public welfare. Criminology > HV7231 Criminal Justice Administrations H Social Sciences > HV Social pathology. Social and public welfare. Criminology > HV8301 Penology. Prisons. Corrections |
| Divisions: | Public Health Institute |
| Publisher: | Taylor and Francis Group |
| SWORD Depositor: | A Symplectic |
| Date Deposited: | 14 Oct 2022 10:45 |
| Last Modified: | 28 Feb 2023 10:45 |
| DOI or ID number: | 10.1080/14754835.2023.2170709 |
| URI: | https://researchonline.ljmu.ac.uk/id/eprint/17837 |
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