Do European Union measures against people smuggling constitute non-entry and within this context violate refugee´s rights?

Prüfer Maren

Do European Union measures against people smuggling constitute non-entry and within this context violate refugee´s rights?

Thesis / Dissertation

2024

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

This dissertation critically examines the intersection of the European Union´s measures against people smuggling and the protection of refugee rights. Against the backdrop of a global refugee crisis, the European Union's migration policies and border control strategies have come under scrutiny. The European Union's commitment to human dignity, freedom, democracy, and human rights is foundational, yet criticism persists regarding its approach to refugees and migrants. The emphasis on border control and the closing of loopholes has led to a race between border authorities and migrant smugglers, with each party adapting to the evolving strategies of the other. A fundamental challenge arises from the divide between individuals entitled to international protection and those left unprotected. Refugees, who are able to seek refuge without prior permission, present a unique challenge to migration control efforts. In order to avoid having to grant protection to such individuals, developed states employ so called non-entrée policies, preventing refugees from entering their territories while ostensibly upholding international principles. Such non-entry policies are often connected to anti-smuggling measures, so that the interplay between the two will serve as a focal point for the analysis conducted in this research. The dissertation delves into the human rights aspects of people smuggling, examining the potential disparity between anti-smuggling efforts and the rights of asylum seekers in the light of non-entrée policies. Through this comprehensive analysis, the dissertation aims to provide recommendations for enhancing the compatibility between the European Union's fight against people smuggling and the protection of refugee rights in the ongoing global refugee crisis.

Keywords

refugees' rights

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