The Evolution of Humanitarian Protection in European Law and Practice

Humanitarian protection has evolved from an act of charity into a legal obligation not to remove certain categories of non-nationals.

What role do humanitarian considerations play in immigration control? Can it be argued that certain categories of non-nationals who are particularly vulnerable have a right to stay in a country because of their vulnerabilities? Is it an act of charity or an obligation of states not to return them?The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.