The Protection of the Fundamental Rights of Migrants Within the ECHR Legal Framework. From Universalism of Guarantees to Legal Particularism.

The paper delineates key considerations pertaining to the rights of foreigners, as developed through the case-law of the European Court of Human Rights. While, on one hand, the stance taken concerning the jurisdiction of State Parties appears to expand the potential for non-nationals to avail themselves of the safeguards articulated in the European Convention on Human Rights (ECHR), conversely, the extensive latitude of discretion conferred upon States in formulating policies to protect their territorial integrity appears to erode the universality of rights that should underpin the ECHR.