Browsing by Author "Queiroz, Benedita Menezes"
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- A proteção internacional dos refugiados: a viagem até ao refúgioPublication . Queiroz, Benedita Menezes
- A proteção internacional dos refugiados: a viagem até ao refúgioPublication . Queiroz, Benedita Menezes
- O regresso a casa: do espaço físico ao espaço social femininoPublication . Queiroz, Benedita Menezes; Machado, Catarina Freitas
- The Bajratari case: are all resources good enough for EU law?Publication . Queiroz, Benedita Menezes
- The Bajratari case: are all resources good enough for EU law?Publication . Queiroz, Benedita MenezesThe Bajratari case is a significant contribution of the Court of Justice of the European Union to the clarification of the meaning of the condition of sufficient resources within the regime of the Citizens Directive 2004/38 (Article 7 (1) (b)). Moreover, it is also a step towards strengthening EU citizen’s right to move and reside in another Member State. In this decision the Court held that income that results from the exercise of professional activities without a lawful residence and employment permit is not to be excluded from the condition of sufficient resources imposed by EU law to a Union citizen who is residing for more than three months in another Member State.
- The impact of EURODAC in EU migration law: the era of crimmigration?Publication . Queiroz, Benedita MenezesCounter-terrorism and public security measures have significantly altered EU immigration law. Under the premise that EU instruments which regulate EU immigration databases influence the legal regime of irregularity of migrants’ statuses, the present article argues that the latest developments in the area of data technology contribute to the phenomenon of “crimmigration”. This is so not only because they may generate a sort of “digital illegality” due to their impact on the categorisation of migrants, but also because they enable a conflation of treatment of irregularity, asylum seeking and criminality. This article focuses on the recent amendments and proposals for amendments to the EURODAC Regulation, a database that regulates the asylum fingerprint system in the EU. This is revealing of the ongoing broadening of the purpose of that data and law enforcement access to the collected information. The argument finds its basis in three main trends common to these databases: the erosion of the principle of purpose limitation, the widening of access to data by law enforcement authorities, and the digitalisation of borders through biometrics. Ultimately, this article claims that the level of surveillance of certain categories of migrants that may cross the borders of the EU puts at risk the distinction between illegally staying irregular migrants and criminals, given that the treatment of their personal data is insufficiently clear in practice.
- Who fits the stereotype?: gender discrimination within the ECHRPublication . Queiroz, Benedita MenezesThis article argues that the way women are judicially perceived within the system of the European Convention of Human Rights (ECHR) impacts the achievement of gender equality. While, the European Court of Human Rights (ECtHR) plays an important role in dismantling harmful women stereotypes, the approach taken has not always been consistent or comprehensive in this analysis. The present article is divided in three main parts. The first part addresses the principle of non-discrimination on the grounds of gender and delves into the issue of gender stereotypes within the system of the Convention. At this stage the analysis focuses on landmark cases which made first visible gender stereotypes on the reasoning of the ECtHR, such as: Konstantin Marin v. Russia and Khamtokhu and Aksenchik v. Russia. The second part of this study argues that the Court did not shy away from applying the principle of anti-stereotyping. Yet, recent case law on sexual and reproductive rights shows that ECtHR missed the opportunity to address intersectionality in discrimination cases: Carvalho Pinto de Sousa Morais v. Portugal and G.M. and others v. Moldova. Finally, the article concludes by shedding light into the importance of equipping the Court with the tools to conduct a systemic effort. One that depends greatly on how judges’ approach the law and assess discriminatory measures and that requires an explicit intersectional dimension.
- You can’t sit with us. Discrimination against women in football: a commentary of the Mariyam Mohamed vs. Asian Football Confederation (AFC) elections casePublication . Maduro, Miguel Poiares; Queiroz, Benedita MenezesThe present paper focuses on the issue of discrimination against women in sports governance. The first part of this paper addresses the issue women discrimination in sports governance through looking into the case of Mariyam Mohamed vs. Asian Football Confederation (AFC) elections, which was recently decided by the Court of Arbitration for Sport (CAS). Further, the case analysis will also allow, in the second part of the paper to call the attention to several other malaises affecting sports leadership and decision making, such as the lack of transparency of the CAS decisions and their inability to deliver an effective remedy in situations like the one of Mariyam Mohamed. There was no question, for CAS, of whether the AFC electoral procedures were conducted in breach of the prohibition of discrimination against women and of improper third-party influence. Nevertheless, CAS recognized that it was also powerless to act on it leaving the situation unremedied for the time being, shedding light on a structurally more profound consequence to sports justice and other sports governance bodies modus operandi.