Journal articles on the topic 'Asylum, Right of – Europe'
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Moraru, Madalina. "Generalised push-back practices in Europe." Quaderns IEE 1, no. 1 (January 31, 2022): 154–64. http://dx.doi.org/10.5565/rev/quadernsiee.23.
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In recent years, more and more asylum seekers trying to reach the European Union (EU) have found themselves subjected to practices that contradict the EU Charter of Fundamental Rights and the democratic principles within the Dublin III Regulation. The inalienable right of those individuals to seek asylum is violated every time that the Member States’ national authorities subject them to irregular procedures and deny them their right to international protection without an individual assessment of their asylum claims. These practices are defined as push-backs. This brief outlines the ways in which asylum seekers are exposed to both ‘external’ and ‘internal’ push-backs by and between the Member States, while also underscoring the importance of safeguarding the physical safety and integrity of people seeking asylum. It offers case studies of EU countries where push-backs have become the new normal, and highlights the role of courts in remedying the wide-spreading push-backs practices. Within this context of generalized push-backs and executive backlash against European and domestic judgments finding violations of human rights, the withdrawal of the European Border and Coast Guard Agency from Hungary is an alarming signal for human rights protection. In the face of the rule of law and human rights challenges, was the Agency's withdrawal the most appropriate measure?. Finally, it asks whether the recent EU border procedure proposed in 2020 will have a positive or a negative impact on the right to seek asylum on the ground.
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Freedman, Jane. "Women’s Right to Asylum: Protecting the Rights of Female Asylum Seekers in Europe?" Human Rights Review 9, no. 4 (April 11, 2008): 413–33. http://dx.doi.org/10.1007/s12142-008-0059-1.
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Arnold, Samantha, Martine Goeman, and Katja Fournier. "The Role of the Guardian in Determining the Best Interest of the Separated Child Seeking Asylum in Europe: A Comparative Analysis of Systems of Guardianship in Belgium, Ireland and the Netherlands." European Journal of Migration and Law 16, no. 4 (November 14, 2014): 467–504. http://dx.doi.org/10.1163/15718166-12342066.
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Separated children seeking asylum in Europe have the right to a representative, typically in the form of a guardian, and the right to have their best interests taken into account. These rights are articulated in the Council Directives and Regulations regulating the Common European Asylum System. The original language used around the time of developing the Common European Asylum System related to ‘harmonisation’. This article, therefore, looks at the level of harmonisation of the systems of guardianship, and the guardians’ responsibility to determine and promote the best interest, for separated children seeking asylum in Europe. The article begins by defining the guardian and the best interest principle and outlining the relevant law, which presently exists in Europe. Three case studies were chosen to provide current examples of the differences in practice in Europe, namely: Belgium, Ireland and the Netherlands. The question dealt with in this article is to what extent the three case study countries meet the minimum standards set out in European law in respect of guardianship and the best interests of separated children seeking asylum.
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Gammeltoft-Hansen, Hans, and Thomas Gammeltoft-Hansen. "The Right to Seek – Revisited. On the UN Human Rights Declaration Article 14 and Access to Asylum Procedures in the EU." European Journal of Migration and Law 10, no. 4 (2008): 439–59. http://dx.doi.org/10.1163/157181608x380219.
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AbstractThis article compares the "right to seek and enjoy asylum" enshrined in Art. 14 of the Universal Declaration of Human Rights with the current EU policy developments to "externalize" or "extraterritorialise" migration control and refugee protection. Examining the genesis of Art. 14 during the negotiations of the Universal Declaration, it is argued that while Art. 14 clearly falls short of granting a substantive right to be granted asylum, its formulation was intended to maintain a procedural right – the right to an asylum process. While the Universal Declaration is not a legally binding instrument, going back to the fundamental norms expressed herein nonetheless provides an important starting point for evaluating current policies, especially in light of recent critiques against overly expansive interpretation of human rights law. As such, the article concludes that the current EU policies to shift migration control and refugee protection away from Europe in important respects contravenes "the right to seek asylum" as it was conceived exactly 60 years ago.
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Sicakkan, Hakan G. "Political Asylum and Sovereignty-Sharing in Europe." Government and Opposition 43, no. 2 (2008): 206–29. http://dx.doi.org/10.1111/j.1477-7053.2007.00253.x.
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AbstractIn focusing on the relationships between asylum recognition rates and the different institutional arrangements through which European states share or preserve their sovereignty, this article seeks to show how sovereignty-sharing affects the right to political asylum in practice. After a qualitative overview of variations in sovereignty-sharing forms, the article presents the results from a multiple regression analysis of the relationship between legal and institutional frames of asylum decision-making in 17 West European countries (EU-15, Norway and Switzerland) and the asylum recognition rates in these countries. The article ends with a brief assessment of the significance of the results for a potential policy change in the European Union.
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O'Nions, Helen. "No Right to Liberty: The Detention of Asylum Seekers for Administrative Convenience." European Journal of Migration and Law 10, no. 2 (2008): 149–85. http://dx.doi.org/10.1163/157181608x317336.
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AbstractThis article critically examines the recent decision of the Grand Chamber of the EctHR in Saadi v UK 2008. The decision endorses short-term detention of asylum seekers on the basis of administrative convenience, specifically ruling out a requirement of necessity. The decision is examined in the light of international law on the detention of asylum seekers and the requirements of proportionality and lack of arbitrariness. It is anticipated that the use of routine detention will increase across Europe and that asylum seekers will be lumped together with other migrants in policies aimed at further restricting access to the European club. This presents a serious threat to the international right to seek and enjoy asylum provided in Article 14 of the Universal Declaration of Human Rights.
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Ristik, Jelena. "The Right to Asylum and the Principle of Non- Refoulement Under the European Convention on Human Rights." European Scientific Journal, ESJ 13, no. 28 (October 31, 2017): 108. http://dx.doi.org/10.19044/esj.2017.v13n28p108.
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The European Convention on Human Rights does not contain any explicit reference to the right to asylum. However, the European Court of Human Rights has provided protection of asylum seekers mainly through interpretation of Article 3 of the Convention. Moreover, even if there is no specific mention of non-refoulement in this Article, the Court has interpreted it to include the prohibition of refoulement. Today, the ECHR is one of the most important juridical instruments for protection of asylum seekers throughout Europe. The main reason for this is that the principle of nonrefoulement under the Convention extends to inhuman and degrading behavior. This paper has placed its focus on the applicability of the ECHR to asylum cases, particularly the development and treatment of the principle of non-refoulement, as a form of complementary protection to those seeking asylum. This will be elaborated mainly through analysis of the jurisprudence of the ECtHR. It will be shown that the principle of non-refoulement under the ECHR, as a barrier to removal, plays a significant complementary role regarding the protection of asylum seekers. It will also be shown that the jurisprudence of the ECtHR has important relevance to EU asylum law and policy. In this sense, a comparison between EU law and ECHR protection standards for asylum seekers will be elaborated as well. Finally, it will be concluded that EU Member States are faced with dual systems providing protection to asylum seekers, and a possible solution will be suggested in order to overcome this situation.
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Vannelli, Marina. "The Unaccompanied Child’s Right to Legal Assistance and Representation in Asylum Procedures under EU Law." Laws 11, no. 1 (January 29, 2022): 11. http://dx.doi.org/10.3390/laws11010011.
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The independent migration of children today is a global phenomenon present in many regions worldwide, where unaccompanied minors seeking asylum do not enjoy full protection of their rights. Among their procedural safeguards, the right to legal assistance and representation is a fundamental right strictly related to the realization of other rights contained in the UN Convention on the Rights of the Child. Nevertheless, despite the fundamental role that guardians and legal advisors play in the wellbeing of unaccompanied children seeking asylum, many issues are currently affecting the exercise and implementation of this fundamental right in several European Union Member States. Therefore, the purpose of this article is to examine the content and scope of protection of this right under EU law, while highlighting the existence of possible ambiguities or gaps in current legal standards. Which EU law rules currently protect unaccompanied minors’ access to legal assistance? What changes are necessary in order to strengthen that protection for unaccompanied minors seeking asylum? These are some of the questions that this paper addresses in order to critically analyze the level of protection that Europe has provided to unaccompanied children’s right to legal assistance.
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Dura Tohus, Jaume. "Refugiats i apàtrides. L’asil polític i la protecció internacional a l’Estat espanyol: evolució i impediments." Mètode Revista de difusió de la investigació, no. 5 (April 16, 2015): 59. http://dx.doi.org/10.7203/metode.0.3306.
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Border control policies have been strengthened, making Spain – and indeed Europe as a whole – a kind of fortress where it is increasingly hard to enter and, consequently, to request asylum. The Spanish government prioritises what they call the «fight against illegal immigration» over compliance with the State’s obligations on Human Rights, thus violating the right to asylum and International Protection established under the Geneva Convention on the status of refugees, and elsewhere.
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van der Brug, Wouter, and Eelco Harteveld. "The conditional effects of the refugee crisis on immigration attitudes and nationalism." European Union Politics 22, no. 2 (February 1, 2021): 227–47. http://dx.doi.org/10.1177/1465116520988905.
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What was the impact of the 2014–2016 refugee crisis on immigration attitudes and national identification in Europe? Several studies show that radical right parties benefitted electorally from the refugee crisis, but research also shows that anti-immigration attitudes did not increase. We hypothesize that the refugee crisis affected right-wing citizens differently than left-wing citizens. We test this hypothesis by combining individual level survey data (from five Eurobarometer waves in the 2014–2016 period) with country level statistics on the asylum applications in 28 EU member states. In Western Europe, we find that increases in the number of asylum applications lead to a polarization of attitudes towards immigrants between left- and right-leaning citizens. In the Southern European ‘arrival countries’ and in Central-Eastern Europe we find no significant effects. Nationalistic attitudes are also not affected significantly.
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Moraru, Madalina, and Linda Janků. "Czech Litigation on Systematic Detention of Asylum Seekers: Ripple Effects across Europe." European Journal of Migration and Law 23, no. 3 (November 10, 2021): 284–307. http://dx.doi.org/10.1163/15718166-12340103.
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Abstract This article investigates the development of national litigation against the Czech Republic’s governmental policy to detain asylum seekers under the Dublin III Regulation, as a means to address the so-called refugee crisis. The outcome of this litigation has been the preliminary ruling of the Court of Justice of the European Union in the Al Chodor case, which has been praised for enhancing domestic standards of protection of asylum seekers and returnees’ right to liberty across the EU. The article demonstrates that this preliminary ruling has been a catalyst for domestic legislative and jurisprudential reforms across the EU, improving to a certain extent the protection of the right to liberty of asylum seekers. However, it is argued that in the Czech Republic the case has not initiated a change in the legislation, nor has it reduced the systematic use of asylum detention. The article identifies some important legal, political and social factors from within and beyond courtrooms that have contributed to this ambiguous outcome of the Czech litigation. It concludes by identifying circumstances that need to be taken into account when using the preliminary reference procedure as a tool for strategic litigation.
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Loescher, Gil. "Refugees and the Asylum Dilemma in the West." Journal of Policy History 4, no. 1 (January 1992): 1–7. http://dx.doi.org/10.1017/s0898030600006473.
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In recent years, political asylum and refugees have become acute issues in public debate in Western Europe and North America. The debate has become especially heated since 1989 and the breaching of barriers between Eastern and Western Europe, with East Germans, Albanians, Romanians, and Yugoslavs all trying to move west. Most asylum-seekers continue to come from the Third World. Those who manage to enter the West face growing hostility, poverty, and even violent attacks. In France immigration has already shifted political discourse sharply to the right, testing the nation's tolerance toward foreigners and shaking its liberal foundations. Xenophobia and brutal physical attacks on foreigners by skinheads and extreme right-wingers throughout Germany have caused politicians in Bonn to reconsider their country's asylum provisions. Governments everywhere appear reluctant to open their doors when they are not sure how many will benefit from their hospitality and for how long. To many industrialized countries, asylum-seekers are perceived mostly as economic migrants in search of a better life. Actual migratory pressures from the South and perceived threats of exodus from the East have only served to reinforce this restrictive attitude to asylum. The refugee problem has reached such a critical point that the very institution of asylum is being threatened.
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Rizki, Aufar. "Presence of The Right Wing: Threatening the Refugee Crisis?" Jurnal Sentris 1, no. 1 (August 19, 2020): 97–120. http://dx.doi.org/10.26593/sentris.v1i1.4160.97-120.
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The presence of the right wing in The Western Europe, such as The Front National in French that is led by Marine Le Pen, Alternative Für Deutschland in Germany by Alexander Gauland, and Partij Voor de Vrijheid by Geert Wilders in Netherlands, are the whimsicality phenomenon in European political scene. The rise of the right wing groups in some countries, could impend the pluralism value in the respective country. Furthermore, this movement will be inducing the humanitarian crisis, specifically the refugee crisis. European Union has asylum policy for the refugees, but precisely the migrants who received the asylum policy are somehow causing the instability and insecurity in the country they are migrated to. That is a dilemma of conducting the asylum policy; first consideration is to receive the refugees with main purpose of decreasing the humanitarian crisis, but on the other hand it could induce instability, or other consideration is to close the asylum policy as the right wing postulate, which will increase refugee crisis but give more stable nation.
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Ezhov, Ilya M. "Political Asylum as a Source of Problems and Paradoxes in the EU." RUDN Journal of World History 11, no. 4 (December 15, 2019): 361–69. http://dx.doi.org/10.22363/2312-8127-2019-11-4-361-369.
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The prolonged migration crisis in Europe has led not only to social upheaval on the continent, but also to reforms in the migration law. The author analyzes the origins and foundations of political asylum as a major aspect of international law and its impact on the development of the migration crisis in Europe. The author uses a combination of a systemic, comparative and historical (historicalgenetic) methods. The aim of the study is to identify characteristic features and analyze the history of the development of the procedure for granting political asylum by European countries and the impact of the right to asylum on the entire migration policy of Europe. The study is interdisciplinary in nature at the intersection of the theory and history of international relations, law, sociology and political science.
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Levy, Carl. "The European Union after 9/11: The Demise of a Liberal Democratic Asylum Regime?" Government and Opposition 40, no. 1 (2005): 26–59. http://dx.doi.org/10.1111/j.1477-7053.2005.00142.x.
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AbstractThis article examines the domestic and international pressures since 11 September 2001 on the liberal democratic asylum regime practised within the European Union. It looks at three areas of confrontation. The pressures exerted upon national governments by anti-immigrant and anti-asylum seeker/refugee far right populist parties. It examines the attempts by the European Union and its member states to arrive at a Common European Asylum System in light of policy developments over the past 20 years, and places these long-standing processes within the events of 11 September 2001. It discusses whether or not the liberal democratic tradition of asylum embodied in the Geneva Convention of 1951 been sacrificed to the dual pressures of the electoral victories of the far right in Europe and a new form of terrorism that threatens European societies.
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Matveevskaya, Anna S., Sergei N. Pogodin, and Juntao Wang. "Problem of human rights violations during the migrant crisis in Europe." Vestnik of Saint Petersburg University. Philosophy and Conflict Studies 37, no. 3 (2021): 508–15. http://dx.doi.org/10.21638/spbu17.2021.311.
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The aim of this study was to identify how Europe’s migrant crisis affected human rights in the European Union. It focuses on the observance of fundamental human rights in the context of migration. Violations directly related to migrants and refugees are considered. Human rights law is the most universal and general branch of law on which all other laws rely. The issue of observance of these rights becomes even more critical in regard to forced migration. While these rights are guaranteed to ‘all members of the human family’, there are conditions under which universally recognized human rights should be protected and justified with particular care. Obviously, inalienable human rights may easily be compromised when it comes to prisoners or refugees. Ensuring human rights in the European Union is based on a variety of international treaties, EU regulations and internal legislation of the member countries which have adopted high standards in the field of human rights protection. With regard to the right to asylum as an essential component of the human rights law, it can be stated that an unprecedented level of integration has enabled the EU to establish a pan-European asylum system based on the standards enshrined in the 1951 Geneva Convention and the 1967 Additional Protocol, as well as to gain considerable experience in dealing with migrants and refugees and ensuring their inalienable rights. In general, legislation in this area is constantly being improved and it reflects modern challenges and threats. The member countries of the European Union are on the way to developing a unified approach to migration policy and international protection issues. However, the asylum system is imperfect and has numerous gaps, which have been repeatedly mentioned by experts and members of the academic community even before the migrant crisis began.
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Kiss, Árpád. "A menekültügyi őrizet elrendelésének anyagi jogi feltételei az uniós jog tükrében." Debreceni Jogi Műhely 12, no. 1-2 (August 22, 2015): 21–31. http://dx.doi.org/10.24169/djm/2015/1-2/4.
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Hungary lies in the route of the stream of refugees coming from the Balkan. It is a transit country, so the refugees do not typically intend to stay here, they rather wish to travel torwards to West- and North Europe. Particular sections of Hungary's border also mean the external borders of the European Union, the area of freedom, security and justice, which has a common asylum system. Significant part of illegal immigrants presents asylum claim only to avoid the aliens procedures.
From the 1st of January 2013, the legislature terminated the aliens detention against asylum applicants. From 1st of July 2013 the Hungarian legislature reintroduced the possibility of detention of applicants. The new regulation has been placed in Act LXXX of 2007 on the Right of Asylum, Sections 31/A-31/H by Act XCIII of 2013 on the Amendment of Particular Laws Concerning Law Enforcement. The introduction of asylum-seeker detention and the practice of its application have raised dust. In my essay I am introducing the connections between the reasons of ordering asylum-seeker detention in the Act on Asylum and its backgroud in the EU Directive. I am not dealing with the question of compatibility of asylum detention and human rights and with problematic procedural issues, because I consider it more important to review the substantive conditions of asylum-seeker detention and the certain practical questions of its application therefore I am focusing on this segment of jurisdiction.
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Canning, Victoria. "Degradation by design: women and asylum in northern Europe." Race & Class 61, no. 1 (May 23, 2019): 46–63. http://dx.doi.org/10.1177/0306396819850986.
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The increasingly punitive measures taken by European governments to deter people seeking asylum, including increased use of detention, internalised controls, reductions in in-country rights and procedural safeguards, have a hugely damaging impact on the lives and wellbeing of women survivors of torture, sexual and domestic violence. This article, based on a two-year research project examining Britain, Denmark and Sweden, involved more than 500 hours speaking with people seeking asylum, as well as interviews with practitioners. It highlights among other issues non-adherence to the Istanbul Convention (for Denmark and Sweden, who have ratified it); non-application of gender guidelines; and significant wholesale violations of refugee rights. It demonstrates some of the ways in which increasingly harsh policies impact on women seeking asylum and highlights the experiences relayed by some who are affected: those stuck in asylum systems and practitioners seeking to provide support. Indeed, it indicates that women seeking asylum in Britain, Denmark and Sweden are made more vulnerable to violence due to the actions or inactions of the states that are supposed to protect them.
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Белова, Габриэлла, Gabriela Belova, Мария Хаджипетрова-Лачова, and Maria Hadzhipetrova-Lachova. "Some decisions of the European Court of Human Rights and the Court of the European Union con cerning the right of asylum." Comparative Research In Law and Politics 2, no. 1 (June 15, 2014): 68–74. http://dx.doi.org/10.12737/5251.
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The authors analyze certain cases considered in recent years by the European Court of Human Rights and the Court of European Union in Luxembourg and associated with providing of asylum to the third country nationals. In individual EU member states there are huge differences in the procedures and protective mechanisms for asylum seekers in their access to work, as well as in the use of mechanism of forced detention. Due to accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the EU should comply the standards set by the Council of Europe. The authors analyze the new approach of the Strasbourg Court in decision MSS v. Belgium and Greece unlike other "Dublin" cases. They also consider certain new judgements of the Court of European Union in Luxembourg, some of which were accepted in order of urgent prejudicial production.
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Fekete, Liz. "The deportation machine: Europe, asylum and human rights." Race & Class 47, no. 1 (July 2005): 64–78. http://dx.doi.org/10.1177/0306396805055083.
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Suryani, Desak Sinta Putu, and Abdul Razaq Cangara. "National Identity and Migration Policy Dynamics: Analysing the Effect of Swedish National Identity on Its Granting Asylum Policy to Syrian Refugees in 2013." Hasanuddin Journal of Strategic and International Studies (HJSIS) 1, no. 1 (December 28, 2022): 1–16. http://dx.doi.org/10.20956/hjsis.v1i1.24804.
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The Syrian conflict in 2011 has inevitably led to the massive forced migration of asylum seekers and refugees. Most of them fled to neighbouring and several countries in Europe. As a result of the European Union (EU) 's open border policy, their influx into Europe was reckoned a problem for many European countries due to increasing crimes and threats to its members' national security. Some European Union countries chose to be cautious by refusing or only providing financial assistance. Contrastingly, as an EU member state, Sweden received thousands of Syrian refugees until 2013. On October 3, 2013, the Swedish government announced an asylum policy of guaranteed housing provision and the right to bring families to Syrian asylum seekers until they obtain UNHCR refugee status. Such granting asylum policy to Syrian refugees shows differences in the identity of social security construction both in the society and its decision-makers compared to other EU countries. This article exposes the identity influence on the Swedish government's decision to grant asylum to Syrian refugees in 2013. This article employs the "aspirational constructivism" theory by Anne Clunan, arguing that a state's policy is based on a national identity sourced from society's historical reflections and the political elite's future aspirations. This article finds that Swedish society's history experienced cultural homogenization, known as a multicultural country, and the Social-Democracy and folkhemmet ("Home for the People") idea of the political elites resulted in the granting of asylum policy to Syrian refugees in October 2013.
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Morgunova, Oksana A., and Nicoleta-Florina Moraru. "Discourses of “Europeanness” in Asylum Practices in the Postcolonial Context." Vestnik RUDN. International Relations 22, no. 4 (December 30, 2022): 741–54. http://dx.doi.org/10.22363/2313-0660-2022-22-4-741-754.
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This article examines the impact of ethno-racial factors on perceptions of refugees and asylum practices in the European postcolonial context. Using Discourse-Historical Approach (DHA) the authors analyse “Europe for Europeans” public discourse against the backdrop of the 2015-2016 migration crisis, the humanitarian disaster on the Polish-Belarusian border in 2021 and asylum seekers’ influx in spring 2022. The study shows that attitudes to refugees and their “right” to asylum in a European country are impacted by ethno-racial markers of applicants. Such discursive practices call into question one of the understandings of Europeanness, namely Europe as the embodiment of advanced political ethics, since European political discourse has recently positioned a refugee from the Middle East and North Africa as an “alien” “non-European,” thus normalizing threats to human life in allegedly “uncivilized” parts of the world. This normalization is consequently affecting the decision making in asylum process. The problematization of discursive aspects of asylum allows us to expand DHA to the international sphere, where different national models and cultural contexts collide, allowing us to talk about the influence of discursive practices on the political decisions in international relations. The evolution of the concept of asylum in the postcolonial context is considered in connection with the ideology of Europeanism, which is currently in the process of formation. Although ideas about Europeanness have undergone major transformations, this study shows that a systematic study of the entire range of conceptual meanings of this discursive object has not yet been carried out. Thus, Europeanness is either interpreted as a set of desired social ideals and values, or, reductively, as a quality associated exclusively with European institutions in their current form. Both interfere with the postcolonial debate about the nature of “Europe” and “Europeanness” in the postcolonial world.
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Mushaben, Joyce Marie. "A Spectre Haunting Europe." German Politics and Society 38, no. 1 (March 1, 2020): 7–29. http://dx.doi.org/10.3167/gps.2020.380102.
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Germany’s 2017 elections marked the first time since 1949 that a far-right party with neo-Nazi adherents crossed the 5 percent threshold, entering the Bundestag. Securing nearly 13 percent of the vote, the Alternative for Germany (AfD) impeded Chancellor Angela Merkel’s ability to pull together a sustainable national coalition for nearly six months. Violating long-standing partisan taboos, the AfD “victory” is a weak reflection of national-populist forces that have gained control of other European governments over the last decade. This paper addresses the ostensible causes of resurgent ethno-nationalism across eu states, especially the global financial crisis of 2008/2009 and Merkel’s principled stance on refugees and asylum seekers as of 2015. The primary causes fueling this negative resurgence are systemic in nature, reflecting the deconstruction of welfare states, shifts in political discourse, and opportunistic, albeit misguided responses to demographic change. It highlights a curious gender-twist underlying AfD support, particularly in the East, stressing eight factors that have led disproportionate numbers of middle-aged men to gravitate to such movements. It offers an exploratory treatment of the “psychology of aging” and recent neuro-scientific findings involving right-wing biases towards authoritarianism, social aggression and racism.
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Steinkellner, Astrid, and Kerstin Buchinger. "Litigation before the European Court of Human Rights and Domestic Implementation: Does the European Convention Promote the Rights of Immigrants and Asylum Seekers?" European Public Law 16, Issue 3 (September 1, 2010): 419–35. http://dx.doi.org/10.54648/euro2010029.
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The purpose of this article is to compare the evolution and current state of European Court of Human Rights (ECtHR) jurisprudence in issues of immigration and asylum. Looking at the variable patterns of litigation and implementation across Europe, the article examines the common challenges to all States in dealing with complex questions of state sovereignty, the regulation of the entry and stay of immigrants and asylum seekers and the human rights of non-nationals. Following a description of the Council of Europe (CoE) framework in dealing with immigration and asylum issues, the article goes on to examine noteworthy case law from the Strasbourg Court, followed by a detailed account of the variable patterns and causes of litigation in different European Union Member States and the different patterns of implementation of ECtHR decisions. The article concludes with a consideration of the impact of European human rights law on the protection of the rights of individuals with an immigration or asylum background.
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Benedek, Wolfgang. "Recent Developments in Austrian Asylum Law: A Race to the Bottom?" German Law Journal 17, no. 6 (November 1, 2016): 949–66. http://dx.doi.org/10.1017/s2071832200021544.
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The Austrian asylum policy is shifting from a showcase of support to asylum seekers to one of the most restrictive in Europe. Recent amendments to the asylum law are due to the massive influx of asylum seekers in 2015/2016 as a result of which Austria has accepted the second largest number of asylum seekers per capita in Europe. The Austrian government first responded by setting an upper limit of asylum applications from 2016 and then by creating the possibility of suspending its obligations under international and European asylum law. Both measures are legally doubtful and based on the assumption that if the upper limit is met this may threaten the maintenance of public order and the protection of internal security, which is not possible to prove. The contribution provides a legal analysis of the recent legal developments in Austrian asylum law, which are reviewed from the perspective of international and European asylum law as well as human rights. It concludes that the Austrian measures are part of a race to the bottom of European countries with the purpose of keeping refugees away. They cannot be justified from a legal perspective and create a threat to the respect for the rule of law.
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Rikhof, Joseph. "Exclusion Law and International Law: Sui Generis or Overlap?" International Journal on Minority and Group Rights 20, no. 2 (2013): 199–232. http://dx.doi.org/10.1163/15718115-02002004.
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There exists a strong synergy between the regulation at the international level of minority rights, asylum and criminal prosecutions of violations of human rights. The aspirations of minorities as a human right are recognised in the International Covenant on Civil and Political Rights while the violation of such a right can confer on a victim the status of refugee in a third country. As well, persons who are responsible for causing very serious disruptions to the rights of minorities and other groups can be brought to justice for the commission of genocide and crimes against humanity, particularly persecution. While in general there has been a clear distinction between the granting of asylum or refugee status to victims of persecution one hand and the prosecution of perpetrators of persecution on the other, these two notions have been brought together into the concept of exclusion in order to address the phenomenon of persons with a criminal background being part of the refugee stream arriving in a third country. Exclusion is an essential part of refugee law to ensure that persons who have committed criminal acts will not benefit from the benefits set out in the Refugee Convention. This article will discuss the parameters of exclusion as determined by the jurisprudence in six countries in North America and Europe where this issue has been at the forefront in the last decade.
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Grumstrup, Ethan J., Todd Sorensen, Jan Misiuna, and Marta Pachoka. "Immigration and Voting Patterns in the European Union." Migration Letters 18, no. 5 (September 30, 2021): 573–89. http://dx.doi.org/10.33182/ml.v18i5.943.
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Tempers flared in Europe in response to the 2015 European Refugee Crisis, prompting some countries to totally close their borders to asylum seekers. This was seen to have fueled anti-immigrant sentiment, which grew in Europe along with the support for far-right political parties that had previously languished. This sparked a flurry of research into the relationship between immigration and far-right voting, which has found mixed and nuanced evidence of immigration increasing far-right support in some cases, while decreasing support in others. To provide more evidence to this unsettled debate in the empirical literature, we use data from over 400 European parties to systematically select cases of individual countries. We augment this with a cross-country quantitative study. Our analysis finds little evidence that immigrant populations are related to changes in voting for the right. Our finding gives evidence that factors other than immigration are the true cause of rises in right-wing voting.
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Harvey, Colin J. "Dissident Voices: Refugees, Human Rights and Asylum in Europe." Social & Legal Studies 9, no. 3 (September 2000): 367–96. http://dx.doi.org/10.1177/096466390000900303.
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Pirjola, Jari. "European Asylum Policy ‐ Inclusions and Exclusions under the Surface of Universal Human Rights Language." European Journal of Migration and Law 11, no. 4 (2009): 347–66. http://dx.doi.org/10.1163/157181609789804277.
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AbstractThe tension between universal human rights commitments and particular interests of the EU or its Member States is at the heart of the creation of a common asylum system. This article explores some of the inherent and structural contradictions as well as the sometimes hidden paradoxes that affect the creation of common asylum policies. The development of the European asylum system is examined as a process of including and excluding. It is argued that open, abstract and empty human rights commitments can provide only limited guidance on how to develop migration and asylum policies in Europe. We should not try to hide the development of the European asylum system behind the obscurity of legal reasoning or institutionalized rights language, but see the emerging common asylum system as a result of different and often conflicting priorities, power struggles and ideological influences.
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Grecic, Vladimir, and Srdjan Korac. "Political discourse of extreme right in Western Europe: The immigration issue." Medjunarodni problemi 64, no. 2 (2012): 202–32. http://dx.doi.org/10.2298/medjp1202202g.
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The paper is an attempt to identify the basic characteristics and changes in the European migration flows in the last twenty years and to point to their possible implications on the changes in support to far right in West European countries. The analysis shows that it is almost impossible to generalize the characteristics of the migration flows and their effects since the general picture differs from country to country in the number of foreign population and their share in the total number of inhabitants of the EU members which are mostly receiving countries, the net immigration rate and the number of applications for asylum. Although the rounds of EU enlargement in 2004 and 2007 have not caused mass migrations within the Union, the political discourse of far right is just focused on immigration policy. The authors point to the fact that such a social milieu has been gradually created that can induce a part of followers of far right to resort to violence and to weaken consensual mechanisms of the multi-cultural West European societies for a long term.
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Aspinwall, Bernard. "Changing Images of Roman Catholic Religious Orders in the Nineteenth Century." Studies in Church History 22 (1985): 351–63. http://dx.doi.org/10.1017/s0424208400008068.
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‘“Camelot-Camelot:” said I to myself “I don’t seem to remember hearing of it before. Name of the asylum, likely.”’ so said Mark Twain’s Connecticut Yankee at King Arthur’s Court. But the irony is that the joke is now on Twain. In examining The Discovery of the Asylum, David J. Rothman has persuasively argued that the American asylum which developed in the 1820s and 1830s served a dual purpose. It would create the correct desirable attitudes within its inmates and by virtue of its success, set an example of right action to the larger society. The well-ordered asylum would exemplify the proper principles of social organisation and thus insure the safety of the republic and promote its glory. My purpose is to suggest that the monastery in Europe served a similar purpose. Europeans faced similar social and political problems to Americans and the rediscovery of monasticism paralleled the growth of American institutions and served a similar purpose in the public arena. In the process a more tolerant and sympathetic attitude towards religious orders emerged.
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Bloch, Alice. "The Importance of Convention Status: A Case Study of the UK." Sociological Research Online 6, no. 1 (May 2001): 15–24. http://dx.doi.org/10.5153/sro.580.
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Convention status accords refugees social and economic rights and security of residence in European countries of asylum. However, the trend in Europe has been to prevent asylum seekers reaching its borders, to reduce the rights of asylum seekers in countries of asylum and to use temporary protection as a means of circumventing the responsibility of long-term resettlement. This paper will provide a case study of the United Kingdom. It will examine the social and economic rights afforded to different statuses in the areas of social security, housing, employment and family reunion. It will explore the interaction of social and economic rights and security of residence on the experiences of those seeking protection. Drawing on responses to the crisis in Kosovo and on data from a survey of 180 refugees and asylum seekers in London it will show the importance of Convention status and the rights and security the status brings.
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Rizcallah, Cecilia. "Facing the Refugee Challenge in Europe: A Litmus Test for the European Union." European Journal of Migration and Law 21, no. 2 (May 7, 2019): 238–60. http://dx.doi.org/10.1163/15718166-12340049.
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Abstract According to mainstream discourse, the EU is facing a ‘refugee crisis’ due to a mass influx of asylum seekers, which is putting the Common European Asylum System (CEAS) under pressure. Although this article acknowledges that the CEAS is currently under pressure, it aims to take a different view from the assumption that the—admittedly significant—arrival of asylum seekers constitutes in itself a problem for the EU. It suggests that the problems encountered by the CEAS are rather symptomatic of a deeper gridlock resulting from this system’s lack of compliance with two main EU’s fundamental values, the respect of which constitutes the ‘fundamental premise’ of EU integration, namely solidarity and human rights. From both an historical and a legal perspective, the EU is indeed founded on a set of values comprising the respect of human rights and solidarity. The treaties further require their respect internally (i.e. Articles 2 and 6 TEU), but also vis-à-vis the rest of the world (i.e. Articles 3(5) and 21 TEU). However, the current responses to the arrival of asylum-seekers are, in several respects, in contradiction with these founding values. On the one hand, the internal management of the influx of refugees reveals a lack of solidarity and results in breaches of asylum-seekers’ fundamental rights. On the other, the EU’s asylum policy does not meet the requirement according to which the Union shall, in its relations with the wider world, uphold and promote these values. These observations lead us to believe that facing the refugee challenge constitutes, from a normative perspective at least, a litmus test for the EU at large. Indeed, the EU’s difficulties in dealing with the arrival of the asylum seekers—which have already been the subject of extensive research—appear to be the evidence of an identity crisis. The way the EU, hand in hand with its Member States, responds to this challenge thus amounts to a ‘decisively indicative test’ for its normative foundations that are a prerequisite for the viability of the entire undertaking, and, notably, of the principle of mutual trust.
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Frid-Nielsen, Snorre Sylvester. "Human rights or security? Positions on asylum in European Parliament speeches." European Union Politics 19, no. 2 (February 16, 2018): 344–62. http://dx.doi.org/10.1177/1465116518755954.
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This study examines speeches in the European Parliament relating to asylum. Conceptually, it tests hypotheses concerning the relation between national parties and Members of European Parliament. The computer-based content analysis method Wordfish is used to examine 876 speeches from 2004 to 2014, scaling Members of European Parliament along a unidimensional policy space. Debates on asylum predominantly concern positions for or against European Union security measures. Surprisingly, national party preferences for European Union integration were not the dominant factor. The strongest predictors of Members of European Parliament's positions are their national parties’ general ‘right-left’ preferences, and duration of European Union membership. Generally, Members of European Parliament from Central and Eastern Europe and the European People's Party take up pro-security stances. Wordfish was effective and valid, confirming the relevance of automated content analysis for studying the European Union.
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Kużelewska, Elżbieta, and Agnieszka Piekutowska. "The EU Member States’ Diverging Experiences and Policies on Refugees and the New Pact on Migration and Asylum." Białostockie Studia Prawnicze 26, no. 1 (March 1, 2021): 23–36. http://dx.doi.org/10.15290/bsp.2021.26.01.02.
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Abstract The refugee crisis in 2015 revealed the lack of solidarity and the divergent migration policies of the EU Member States. It showed clearly that when faced with the problem of migration, the EU countries fail to cooperate and support one another. The EU Member States with more experience with migration coped better and were more open to migrants. The South European countries took in a huge inflow of migrants and expected (in vain) support from other EU members. The countries of Central and Eastern Europe were unwilling to receive refugees. These diverging approaches to refugees presented by particular Member States resulted in the New Pact on Migration and Asylum, which was adopted by the European Commission in September 2020.The purpose of the pact was to provide humanitarian aid to migrants, since one of the human rights is the right to migrate, but it was not its only objective. The New Pact on Migration and Asylum was supposed to be a guarantee of solidarity and efficient management of the migration process.
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Carta, Mauro Giovanni, Maria Francesca Moro, Antonio Preti, Jutta Lindert, Dinesh Bhugra, Mattias Angermeyer, and Marcello Vellante. "Human Rights of Asylum Seekers with Psychosocial Disabilities in Europe." Clinical Practice & Epidemiology in Mental Health 12, no. 1 (September 30, 2016): 64–66. http://dx.doi.org/10.2174/1745017901612010064.
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Background:The migrants crossing the Mediterranean towards Europe have dramatically been increased in 2015 as the number of incidents and deathsObjective:This editorial summarizes the results of our work and highlights some critical aspects that hinder the care to asylum seekers with stress disorders.Method:Screening for mental disorders was performed in all migrants joint three camps in Sardinia (January-September 2015) using K6, Short Screening Scale for Post Traumatic Stress Disorder (PTSD) and with an interview. Positives were evaluated by psychiatrists and if they needed, have been treated and evaluated at the start of treatment and three months later.Results:22.1% of the sample, (22.6% female, 38.5±12.9 years) were positive for at least one screener; 8.7%, (24% female) had a diagnosis of depressive or bipolar DSM5 disorders and 7.6%, (25% female) of PTSD. After three months of treatment: 51 treated people (26.8%) had left the camps. 53.1% of those remaining declared had relatives in northern Europe that they wanted to reach. Only 8.3% showed a significant clinical improvement.Conclusion:Clinical improvement was dramatically poor in people who stay in the camps. Dissatisfaction and feeling they could not join relatives may have had a negative impact. In PTSD, with the experience of torture and seeing family members killed, staying with surviving relatives in stable conditions would be an important part of treatment. From this point of view the UE Dublin Regulation seems not to be in agreement with the UN Convention on the rights of persons with disabilities
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Branco, Ana Sofia. "Asylum policies in Europe: ethical implications for Social Work." Revista Temas Sociais, no. 3 (December 30, 2022): 66–82. http://dx.doi.org/10.53809/ts_iss_2022_n.3_66-82.
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Following the 2008 financial crisis and with the increase of migrants movements since 2015 the welfare policies across EU are increasingly becoming instruments for limiting mobility of migrants from outside the EU borders. In this article we focus on the implications that asylum policies have for the interventions of social workers and the ethical dilemmas that they face. This article is the result of an exploratory work. Thus, based on the author's PhD dissertation, as well as resorting to her professional experience as a social worker, she carried out a literature review to identify a set of articles that analyse the practice of Social Work with asylum seekers and refugees and the ethical issues and challenges associated with it. The main goal of this article is to contribute to the reflection on the role of the social worker in safeguarding human rights of this population.
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Valenta, Marko. "The Nexus of Asylum Seeker Migrations and Asylum Policy: Longitudinal Analysis of Migration Trends in Norway." International Journal on Minority and Group Rights 21, no. 3 (August 19, 2014): 371–94. http://dx.doi.org/10.1163/15718115-02103003.
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There has been much focus on the increased influx of asylum seekers in Norway and in Europe in general. This article investigates links between the influx of asylum seekers and developments in asylum policies in Norway. In focus are the immigration trends of the four largest groups of asylum seekers in Norway in the period 2006–2012. It is assumed that developments in the arrival of asylum seekers are to a large extent influenced by the ways in which the four groups were treated by migration authorities in Norway. This analysis is based on policy survey and available statistics. The longitudinal analysis indicates that changes in rejection, approval and deportation rates correspond to a large extent with subsequent fluctuations in annual arrivals of asylum seekers. It is also maintained that the restrictions in social rights result in deteriorating living conditions, but as a tool of migration control such restrictions do not work in accordance with the intention. The findings are of clear relevance for on-going discussions on asylum seeker mobility and discussions on minimum standards for reception of asylum seekers.
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Rudge, Philip. "The Asylum Dilemma—Crisis in the Modern World: A European Perspective." Journal of Policy History 4, no. 1 (January 1992): 93–110. http://dx.doi.org/10.1017/s0898030600006527.
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The dark side of European history, the waves of persecution, the pogroms, and the explosions of political and ethnic violence have produced movements of refugees throughout the period of recorded history. There is nothing new in the phenomenon of forced displacement, of individuals and groups being suddenly uprooted and tragically torn from ties of nationality, of home, of family. One of the marks of social progress in Europe has been precisely the range of responses that have been developed to handle such movements of people, responses that have resulted in a codification of laws and the evolution of international institutions which, particularly in the twentieth century, constitute a remarkable example of internationalism and human solidarity. Such social progress has never been smooth; indeed it is disfigured by historical moments of great cruelty and shame where states have denied asylum to persons in acute distress. Worse, as the experience of Nazi Germany demonstrates, European states of immense sophistication and cultural richness have been capable of unspeakable savagery, which has led to the creation of enormous human displacements within Europe and beyond. Nevertheless, the right of asylum itself has become established as a norm of civilized international behavior in Europe and many millions of persecuted and marginalized people have benefited from it. Many millions more have within their family history an experience of someone who was forced to move, victimized by repression of their race, religion, their nationality, their opinions; and elsewhere, those who perished in ghettos, concentration camps, and unmarked killing fields.
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WEINSTEIN, HARVEY M., and ERIC STOVER. "Asylum Evaluations—The Physician's Dilemma." Cambridge Quarterly of Healthcare Ethics 11, no. 3 (May 17, 2002): 303–4. http://dx.doi.org/10.1017/s0963180102210129.
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In the following paper, Annemiek Richters of the University of Leiden in the Netherlands addresses the dilemmas faced by health professionals who are asked to evaluate and provide supporting documentation for those refugees who seek political asylum in the countries of Europe. It is in the politically charged arena of asylum applications, government regulations, and public policy where bioethics, human rights, and health converge. Despite the 1951 Convention on Refugees, a treaty signed by nations around the world to safeguard the rights of those who are displaced, and other treaties that protect the rights of vulnerable populations, refugee and asylum policies have become increasingly strict in an effort to deter those who would seek safety. This tightening of borders in the countries of the West challenges physicians who find themselves caught between obligations to treat, to advocate, and to challenge policies that make treatment a potentially dangerous proposition. Unfortunately, the World Trade Center attacks have exacerbated the problem by labeling asylees and refugees as potential terrorists and subject to deportation.
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Simpson, Patricia Anne. "Mobilizing Meanings: Translocal Identities of the Far Right Web." German Politics and Society 34, no. 4 (December 1, 2016): 34–53. http://dx.doi.org/10.3167/gps.2016.340403.
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Europe has witnessed the rise of a multigenerational, populist shift to the right, characterized by the unapologetic deployment of extremist symbols, ideologies, and politics, but also by repudiations of right-wing labels associated with racism, xenophobia, and nativist entitlements. The political lexicon of far-right rhetoric derives its considerable persuasive force from mobilizing and normalizing extremist views. This article examines the intricately and translocally woven connections among representative movements, organizations, and media personalities who popularize and disseminate far-right views through social media and their own internet websites. With diatribes about the threat against Russia, the uncontainable and intolerable influx of refugees and asylum seekers, whom they blame for terrorist attacks, deteriorating family values, the loss of national German identity, and the antidemocratic politics of Chancellor Angela Merkel, the cadre of self-credentializing experts and politicians, some in alignment with Pegida, mobilize historical moments and meanings to make connections with a broad spectrum of supporters.
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Brittle, Ruth, and Ellen Desmet. "Thirty Years of Research on Children’s Rights in the Context of Migration." International Journal of Children’s Rights 28, no. 1 (March 10, 2020): 36–65. http://dx.doi.org/10.1163/15718182-02801008.
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This article presents a tentative analysis of 30 years of academic research in the field of children’s rights and migration (1989–2019). Much research has addressed the plight of unaccompanied, refugee and asylum-seeking children, trying better to link children’s rights considerations with international refugee law. Many publications address the best interests of the child principle and the right to be heard. Most research focuses on (migration towards) Europe. This has led to an increased visibility and recognition of children’s rights in the context of migration. However, there are still various blind spots in the research reviewed. Most research focuses on some children, but not all (e.g., accompanied children), on some rights, but not all (e.g., economic, social and cultural rights), and on some types of migration, but not all (e.g., economic migration). Moreover, refugee and migrant children tend to be studied as a group, which risks reducing attention for their internal diversity.
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Tonelli, Simon James. "Migration and democracy in central and eastern Europe." Transfer: European Review of Labour and Research 9, no. 3 (August 2003): 483–502. http://dx.doi.org/10.1177/102425890300900309.
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Amidst the political changes that swept through central and eastern Europe following the fall of the Berlin Wall in 1989, the right to migrate was synonymous in the minds of many with the establishment of democracy. Although the political transition of the 1990s was preceded in some countries by a relaxation of their strict exit regimes, these were only minor measures in comparison with the profound changes to the system of population control ushered in by the political transition to democracy. A mosaic of migration patterns (ethnically based migrations, return migration, labour migration, transit migration) gathered pace during the 1990s throughout the vast region of the former Soviet bloc. As conflict and war broke out in different areas, notably in the Caucasus and south-east Europe, these migratory movements were inflated by huge numbers of refugees, asylum-seekers and displaced persons. The newly independent states underpinned their political transition towards democracy, the rule of law and the protection of human rights through membership of the Council of Europe and ratification of international conventions which included important guarantees for the rights and protection of migrants and their families. In May 2004, eight of these countries will join the European Union and after a transitional period become integral parts of the internal labour market with their populations enjoying the full freedom of movement rights of EC law. This article outlines the major migration trends in central and eastern Europe since the extension of democracy across the continent, highlights different aspects of labour migration in the region, including the impact of EU enlargement, and refers to some integration issues. This description is preceded by a series of brief historical, political and legal perspectives.
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Thym, Daniel. "The End of Human Rights Dynamism? Judgments of the ECtHR on ‘Hot Returns’ and Humanitarian Visas as a Focal Point of Contemporary European Asylum Law and Policy." International Journal of Refugee Law 32, no. 4 (December 1, 2020): 569–96. http://dx.doi.org/10.1093/ijrl/eeab004.
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Abstract Two controversial rulings of the Grand Chamber of the European Court of Human Rights (ECtHR) deserve global attention, since they declined to scrutinize on human rights grounds the prevalent move towards enhanced border controls and externalization practices that define European asylum law and policy at this juncture. In ND and NT, judges deemed the Spanish policy of ‘hot returns’, without access to basic procedural guarantees, of those climbing border fences to be compatible with human rights. A few weeks later, the Grand Chamber thwarted enduring hopes for judicial innovation in MN when it reasserted a ‘primarily territorial’ understanding of State jurisdiction and declared inadmissible the claim of a Syrian family from the war-torn town of Aleppo to a humanitarian visa. While the decision on humanitarian visas means that ‘non-arrival’ policies cannot usually be challenged, critical inspection of the ND and NT judgment displays a confounding combination of restrictive arguments and dynamic elements beneath the surface of a seemingly clear-cut outcome. This lack of judicial precision, which was bound to cause heated debate about the practical implications of the judgment, reflects the basic tension between the prohibition of refoulement and the absence of a right to asylum in classic accounts of international refugee law. It will be argued that the judicial vindication of the Spanish ‘hot returns’ policy does not call into question non-refoulement obligations; it aims at identifying graded procedural standards for different categories of refugees and migrants. By contrast, the novel insistence on the abstract availability of legal channels of entry presents itself as a humanitarian fig leaf for the acceptance of strict control practices. At an intermediate level of abstraction, the two rulings mark a watershed moment, indicating the provisional endpoint of an impressive period of interpretative dynamism on the part of the ECtHR, which has played a critical role in the progressive evolution of international refugee and human rights law over the past three decades. Experts in asylum law who have become accustomed to supranational courts advancing the position of individuals will benefit from the insights of constitutional theory and the social sciences to rationalize why the former vigour has given way to a period of hesitation and potential standstill, at least in Europe. This analysis employs the perspective of strategic litigation to discuss contextual factors hindering the continued dynamism of human rights jurisprudence in Europe at this juncture.
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de Boer, Tom, and Marjoleine Zieck. "The Legal Abyss of Discretion in the Resettlement of Refugees." International Journal of Refugee Law 32, no. 1 (March 2020): 54–85. http://dx.doi.org/10.1093/ijrl/eeaa005.
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Abstract The world is experiencing its largest refugee crisis since the Second World War, and more than ever before, the lack of an equitable burden-sharing mechanism is making itself felt: the world’s poorest States are hosting most of the refugees. The durable solution of resettlement of refugees is, in theory, the principal means of securing responsibility sharing within the framework of international refugee law. In practice, this cannot be realized since fewer than 1 per cent of the world’s refugees can be resettled annually due to the small number of available resettlement places. However, initiatives are being developed to increase the number of States that offer resettlement places to refugees and hence the number of available resettlement places. Europe, too, traditionally lagging well behind in terms of the number of resettlement places it offers, is endeavouring to contribute more places. It must nonetheless be noted that Europe’s increasing support for resettlement is paired with a policy of extraterritorialization of asylum claims and minimization of ‘spontaneous’ refugee arrivals. If Europe indeed aims to replace the regular asylum system with controlled refugee resettlement, this will raise issues of access to asylum. While the current Common European Asylum System contains a plethora of procedural and substantive rights for asylum seekers, resettlement – due to its essentially discretionary nature – appears to take place in a legal void, that is, it appears to suffer from arbitrariness in the selection of refugees and a lack of procedural rights and legal remedies for the refugees involved in the resettlement process. The question is whether this is also the case with the European Union (EU) resettlement proposals and, if so, whether this can be sustained from a legal point of view. This article reviews these proposals, along with the current practice of refugee selection by EU Member States, and analyses them from a refugee rights perspective. It examines whether EU initiatives affect the discretionary nature of resettlement, and specifically analyses whether the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union apply to the resettlement procedures of EU Member States and, if so, what rights could be invoked by the refugees involved under those instruments.
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Abou-El-Wafa, Ahmed. "The Right to Asylum between Islamic Shari’ah and International Refugee Law: Consequences for the Present Refugee Crisis." Max Planck Yearbook of United Nations Law Online 19, no. 1 (May 30, 2016): 305–36. http://dx.doi.org/10.1163/18757413-00190011.
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In Islam, all legitimate motives for asylum are valid. From its beginning, Islam has provided for the granting of refuge as well as the protection of refugees. The Islamic concept, practices and principles on the matter are clear and unambiguous. Islamic Shari’ah embraces a comprehensive set of rules concerning this topic on the one hand; on the other hand, the greatest number of refugees are actually Muslims and those hosting them are nearly all Muslim States. The refugees currently fleeing to Europe from Muslim States may be divided into two groups, namely: those pushed to flee their countries under threats of war, torture or persecution; and those motivated to improve their status quo. It is self-evident that the first ones are the ‘true refugees’ in the eyes of Islam as well as international refugee law.
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Fotaki, Marianna. "A Crisis of Humanitarianism: Refugees at the Gates of Europe." International Journal of Health Policy and Management 8, no. 6 (April 22, 2019): 321–24. http://dx.doi.org/10.15171/ijhpm.2019.22.
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Having initially welcomed more than a million refugees and forced migrants into Europe between 2015 and 2016, the European Union’s (EU’s) policy has shifted toward externalising migration control to Turkey and Northern Africa. This goes against the spirit of international conventions aiming to protect vulnerable populations, yet there is widespread indifference toward those who remain stranded in Italy, Greece and bordering Mediterranean countries. Yet there are tens of thousands living in overcrowded reception facilities that have, in effect, turned into long-term detention centres with poor health and safety for those awaiting resettlement or asylum decisions. Disregard for humanitarian principles is predicated on radical inequality between lives that are worth living and protecting, and unworthy deaths that are unseen and unmarked by grieving. However, migration is on the rise due to natural and man-made disasters, and is becoming a global issue that concerns us all. We must therefore deal with it through collective political action that recognises refugees’ and forced migrants’ right to protection and ensures access to the health services they require.
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Walter, Kathrin Marie. "Vulnerable People or Vulnerable Borders?" Migration and Diversity 2, no. 1 (February 28, 2023): 51–62. http://dx.doi.org/10.33182/md.v2i1.2808.
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The concept of vulnerability is blurred and often evoked in the context of refugee and forced migrant women. Paradoxically, it is also employed by the EU with regard to its external border security. Thus, the question arises of how the EU conceptualizes vulnerability in its external migration policies and who is perceived to be vulnerable – refugees and migrants, or external borders? Using a systematic lexical keyword search to identify relevant policy aims in the EU Pact on Migration and Asylum, the latest policy agenda on migration and asylum of the EU Commission published in September 2020, this paper highlights the mostly one-dimensional concept of vulnerability in external EU policies. In this article, it is argued that this entails significant gendered implications for asylum-seekers and migrants en route to Europe. It further reveals the detrimental effects for migrants and refugees caused by the EU’s focus and prioritization of its vulnerable borders. Ultimately, this paper by adopting a gendered lens calls into question whether the European Commission fully incorporates human rights commitments in its policy guidance on asylum and migration.
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Gil-Bazo, María-Teresa. "Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law." European Journal of International Law 29, no. 3 (August 2018): 1029–31. http://dx.doi.org/10.1093/ejil/chy048.
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Iannelli, Olivia. "Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law." International Journal of Refugee Law 30, no. 3 (October 2018): 567–70. http://dx.doi.org/10.1093/ijrl/eey043.
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