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Human rights violations, detention conditions and the invisible nature of women in European immigration detention: A legal realist account.

Van Hout, MC (2021) Human rights violations, detention conditions and the invisible nature of women in European immigration detention: A legal realist account. International Journal of Prisoner Health. ISSN 1744-9200

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Abstract

Approach: Despite United Nations human rights frameworks and European Union standards; conditions in European immigration detention settings continue to pose a health risk to those detained. Migrant health rights when detained are intertwined with the right not to be subjected to arbitrary detention, detention in conditions compatible for respect for human dignity and right to medical assistance. Migrant women are particularly vulnerable requiring special consideration (pregnant and lactating women; single women travelling alone or with children; adolescent girls, early-married children, including with new born infants) in immigration detention settings.
Purpose: A legal realist assessment of women’s situation in European immigration detention focuses on relevant international and European human rights instruments applicable to conditions and health rights in detention settings, academic literature and relevant European Court of Human Rights (ECtHR) jurisprudence since 2010.
Findings: The situation of women in immigration detention is patchy in EU policy, academic literature and ECtHR jurisprudence. Where referred to, they are at best confined to their positionality as pregnant women or as mothers, with their unique gendered health needs illresourced. ECtHR jurisprudence is largely from male applicants. Where women are applicants, cases centre on dire conditions of detention, extreme vulnerability of children accompanying their mother, and arbitrary or unlawful detention of these women (with child).
Originality: Concerns have been raised by the European Parliament around immigration detention of women including those travelling with their children. There is a continued failure to maintain minimum and equivalent standards of care for women in European immigration detention settings.

Item Type: Article
Additional Information: This author accepted manuscript is deposited under a Creative Commons Attribution Non-commercial 4.0 International (CC BY-NC) licence. This means that anyone may distribute, adapt, and build upon the work for non-commercial purposes, subject to full attribution. If you wish to use this manuscript for commercial purposes, please contact permissions@emerald.com
Uncontrolled Keywords: 1117 Public Health and Health Services, 1602 Criminology, 1605 Policy and Administration
Subjects: H Social Sciences > HQ The family. Marriage. Woman
H Social Sciences > HV Social pathology. Social and public welfare. Criminology
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: Emerald
Date Deposited: 24 May 2021 10:41
Last Modified: 12 Jul 2021 13:30
DOI or Identification number: 10.1108/IJPH-03-2021-0023
URI: https://researchonline.ljmu.ac.uk/id/eprint/15050

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