Gaygusuz v. Austria: Advancing the rights of non-citizens through litigation

Ilker Atac

Abstract

Focusing on migrant rights in Austria, this article illustrates how local actors use courts and litigation as avenues to claim rights for non-citizens. Adding to studies that have stressed the role of the international court in this process, I analyze such changes as a result of the interplay between international human rights frameworks and the capacities of local actors to mobilize resources, knowledge and expertise. This article presents two case studies in Austria, in which the entitlement to unemployment assistance (Notstandshilfe), and the right to stand as a candidate for works councils (Betriebsrat) and for the Chamber of Labour (Arbeiterkammer) were expanded to non-citizens.

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