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7 Legal Issues J. 23 (2019)
Human Rights in a Hostile Environment: Can International Human Rights Law Effectively Constrain Immigration Detention in the United Kingdom

handle is hein.journals/uklwetrew7 and id is 148 raw text is: 



   Human Rights in a Hostile Environment: Can

   International Human Rights Law Effectively

   Constrain Immigration Detention in the United

                          Kingdom?

                          Sarah Crowe'

                              SOAS


      Summary. The United Kingdom's practice of immigration
      detention has been described as a 'dark stain' on its human
      rights record. A number of aspects of the UK's detention
      practice engage fundamental human rights, including the
      practice of indefinite and prolonged detention, the lesser
      procedural safeguards afforded to detainees and the deten-
      tion of particularly vulnerable persons. This paper evaluates
      the utility of international human rights law as a tool of con-
      straining these harmful detention practices. In exposing the
      limits of international human rights law in protecting the
      rights of immigration detainees, it is concluded that while
      claims of territorial sovereignty remain unchallenged and
      'othering' of migrants continues, international human rights
      law will struggle to constrain-let alone abolish-immigra-
      tion detention.

                          Introduction
The United Kingdom's practice of immigration detention has been de-
scribed as a 'dark stain' on its human rights record.2 Immigration deten-
tion involves the deprivation of liberty for administrative purposes,
viewed by the United Kingdom (UK) government to be '...in the interests




   1 Email: sarah.crowe121@gmail.com
   2 Liberty, 'Liberty's response to the draft Home Office DSO on Removal from
   Association and Temporary Confinement'August 2016 at: https:/
   www.liberty-human-rights.org.uk/sites/ def ault/files/
   Liberty's%20Response%20to%20the%20D SO%20on%2ORemoval%20fro
   m%20Association%20and%20Temporary%20Confinement.pdf

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