Illegal migration bill: can the government ignore the European court of human rights?
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Illegal migration bill: can the government ignore the European court of human rights?
Kanstantsin Dzehtsiarou, University of Liverpool
The illegal migration bill has been approved by MPs and now moves to the House of Lords. The controversial bill would make it so that anyone who arrives in the UK irregularly (for example, by small boat) can be removed to their country of origin or a third country (for example, Rwanda).
The bill passed the Commons with a number of amendments, including one that allows the government to disregard “interim measures” issued by the European court of human rights.
The court typically uses interim measures to temporarily suspend an expulsion or extradition of an asylum seeker until their case can be properly heard by the court. These measures are used sparingly, and when the court suspects that sending someone to a particular country could risk violating their right to life, or put them in danger of torture or inhumane treatment. They are not the final say...
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