Project description
Restating international human rights doctrine
The European Court of Human Rights emphasises settled living situations in its migration case law, whereas the Inter-American and African human rights bodies support mobility. Academic work has not adequately addressed this fragmentation in international law. The ERC-funded MIGJUST project aims to address biases in international human rights law related to migration by incorporating case law from the Inter-American, African, and UN systems and recognising their distinct positions. The project seeks to connect case law to political theory, restate international human rights law doctrine comprehensively, and explore conflicts arising from divergent ideas on migration justice in European, North American, Latino, African, and Islamic political theory and legal doctrinal alternatives.
Objective
MIGJUST addresses the unacknowledged, fundamental conflict between the European Court of Human Rights, which in its migration case law adopts a sovereignty approach normalising sedentarism, and the Inter-American and African human rights Commission and Court which adopt a human rights approach normalising mobility. This fragmentation of international law also plays out in UN human rights Committees.
This fragmentation is not acknowledged in academic work, in which the European approach is assumed to represent the most advanced version of international law. This fragmentation is problematic because it undermines the international character of international law. Legal doctrine overlaps with political theory on migration justice, which focuses on Europe and North America, and does not acknowledge distinct positions developed in Latin American, African and Islamic political theory.
MIGJUST ends the hypothesised bias not merely by including Inter-American, African and UN case law and acknowledging their distinct positions; but by in addition linking European, Inter-American, African and UN case law to political theory.
MIGJUST will thus produce
- a restatement of international human rights law doctrine in the field of migration which includes Inter-American, African and UN case law as well as European case law;
- an analysis of the conflicting fundamental positions;
- an analysis of how the conflict relates to divergent ideas on migration justice in European, North American, Latino, African and Islamic political theory;
- legal doctrinal alternatives, inspired by non-ideal political and legal theory.
In doing so, MIGJUST makes
- a fundamental academic contribution by ending the assumed European bias;
- a fundamental contribution to legal practice by unlocking Inter-American, African and UN case law;
- a fundamental contribution to international cooperation between states, IOs and INGOs by making their varying normative positions understandable to each other.
Fields of science (EuroSciVoc)
CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques. See: The European Science Vocabulary.
CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques. See: The European Science Vocabulary.
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Keywords
Project’s keywords as indicated by the project coordinator. Not to be confused with the EuroSciVoc taxonomy (Fields of science)
Project’s keywords as indicated by the project coordinator. Not to be confused with the EuroSciVoc taxonomy (Fields of science)
Programme(s)
Multi-annual funding programmes that define the EU’s priorities for research and innovation.
Multi-annual funding programmes that define the EU’s priorities for research and innovation.
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HORIZON.1.1 - European Research Council (ERC)
MAIN PROGRAMME
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Topic(s)
Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.
Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.
Funding Scheme
Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.
Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.
HORIZON-ERC - HORIZON ERC Grants
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Call for proposal
Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.
Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.
(opens in new window) ERC-2023-ADG
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Net EU financial contribution. The sum of money that the participant receives, deducted by the EU contribution to its linked third party. It considers the distribution of the EU financial contribution between direct beneficiaries of the project and other types of participants, like third-party participants.
9000 GENT
Belgium
The total costs incurred by this organisation to participate in the project, including direct and indirect costs. This amount is a subset of the overall project budget.