scholarly journals Problem of human rights violations during the migrant crisis in Europe

2021 ◽  
Vol 37 (3) ◽  
pp. 508-515
Author(s):  
Anna S. Matveevskaya ◽  
◽  
Sergei N. Pogodin ◽  
Juntao Wang ◽  
◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Geneva Convention ◽  
Forced Migration ◽  
Migration Policy ◽  
Academic Community ◽  
The European Union ◽  
Human Rights Law ◽  
International Treaties ◽  
Human Rights Protection

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.

scholarly journals From Enforced Closure to Regulated Mobility: The Need for a Paradigm Shift in Migration Policies

2021 ◽  
Author(s):  
François Crépeau
Keyword(s):  
European Union ◽  
Human Rights ◽  
Forced Migration ◽  
Annual Conference ◽  
The European Union ◽  
Human Rights Protection ◽  
Global Migration ◽  
Development Agenda ◽  
Canadian Association ◽  
And Migration

Editor’s note: the following text is an edited version of the keynote address delivered on May 13, 2015, at the 8th Annual Conference of the Canadian Association for Refugee and Forced Migration Studies (CARFMS) at Ryerson University, Toronto. Ladies and gentlemen, I would like to thank the organisers, and in particular my colleague and friend Prof. Idil Atak, for inviting me to this exchange with you. It is a rare occasion and I’m very grateful for the opportunity. I was asked to share with you a number of ideas coming from my experience as UN Special Rapporteur on the human rights of migrants, especially on the relationship between criminalisation, precariousness, and human rights protection. The thoughts I’m sharing with you are mostly based on my knowledge of international human rights and refugee law, my country visits – Albania, Tunisia, Turkey, Italy, Greece, the European Union (Brussels), Qatar, Nepal, Sri Lanka, and Malta – and my various thematic reports on the detention of migrants, climate change and migration, the management of the external borders of the European Union, Global Migration Governance, the labour exploitation of migrants, and the human rights of migrants in the post-2015 sustainable development agenda. They are also inspired by the most recent policy announcements made by the European Union, including the European Migration Agenda announced today in Brussels.

scholarly journals From Enforced Closure to Regulated Mobility: The Need for a Paradigm Shift in Migration Policies

2021 ◽  
Author(s):  
François Crépeau
Keyword(s):  
European Union ◽  
Human Rights ◽  
Forced Migration ◽  
Annual Conference ◽  
The European Union ◽  
Human Rights Protection ◽  
Global Migration ◽  
Development Agenda ◽  
Canadian Association ◽  
And Migration

Editor’s note: the following text is an edited version of the keynote address delivered on May 13, 2015, at the 8th Annual Conference of the Canadian Association for Refugee and Forced Migration Studies (CARFMS) at Ryerson University, Toronto. Ladies and gentlemen, I would like to thank the organisers, and in particular my colleague and friend Prof. Idil Atak, for inviting me to this exchange with you. It is a rare occasion and I’m very grateful for the opportunity. I was asked to share with you a number of ideas coming from my experience as UN Special Rapporteur on the human rights of migrants, especially on the relationship between criminalisation, precariousness, and human rights protection. The thoughts I’m sharing with you are mostly based on my knowledge of international human rights and refugee law, my country visits – Albania, Tunisia, Turkey, Italy, Greece, the European Union (Brussels), Qatar, Nepal, Sri Lanka, and Malta – and my various thematic reports on the detention of migrants, climate change and migration, the management of the external borders of the European Union, Global Migration Governance, the labour exploitation of migrants, and the human rights of migrants in the post-2015 sustainable development agenda. They are also inspired by the most recent policy announcements made by the European Union, including the European Migration Agenda announced today in Brussels.

Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
The Eu

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

Fixing, Adjusting, Regulating, Protecting Human Rights - The Shifting Uses of Regularisations in the European Union

2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
The European Union ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
National Human ◽  
Almost All ◽  
Human Rights Based Approach ◽  
The Eu

AbstractAlmost all Member States in the European Union currently make use, or in the past have made use of some form of regularisation of irregular immigrants, although to greatly varying degrees, in different ways and as a rule only reluctantly. A distinct feature of recent regularisations has been the shift towards a humanitarian justification of regularisation measures. In this context, regularisation has become reframed as an issue of the protection of irregular migrants’ human rights. As a result, regularisation has to some extent also been turned from a political tool in managing migration into an issue of international, European and national human rights law. While a human rights framework indeed offers a powerful rationale and at times compelling reasons why states ought to afford a legal status to irregular migrants, I argue that a human rights based approach must always be complemented by pragmatic considerations, as a human rights based justification of regularisation alone will be insufficient to find adequate responses to the changing presence of irregular migrants in the EU, not all of which can invoke human rights based claims to residence.

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

BETWEEN EXCLUSION AND FAMILIARITY: AN ETHNOGRAPHY OF THE MEDITERRANEAN MISSING PROJECT1

2018 ◽  
Vol 40 (2) ◽  
pp. 28-31
Author(s):  
Giorgia Mirto
Keyword(s):  
European Union ◽  
Human Rights ◽  
Data Collection ◽  
The State ◽  
Post Mortem ◽  
The European Union ◽  
Human Rights Law ◽  
The Mediterranean ◽  
Ethnographic Analysis ◽  
Future Work

Abstract For decades, migrants have continued to die or go missing in the Mediterranean, while the European Union and Italy continue to exhibit a policy vacuum around the issue of the missing, despite the duties on states imposed by human rights law. The investigation of deaths is inadequate, the Italian judicial authorities demonstrate disinterest to proceed with investigations in the identification of deceased migrants, and the inefficient post-mortem data collection seriously compromise every effort to restore names and dignity to the dead. This attitude seems to confirm the theory of “necropolitics,” which views the state as a racist and excluding sovereign entity. But ethnographic analysis of the work of some of the involved actors reveals recognition of the deceased and missing migrants based on a sense of familiarity and closeness. Here, the experience of the Mediterranean Missing Project is discussed, with an emphasis on future work prospects for both academia and practitioners.

Foreigners: Wanted Dead or Alive?

2016 ◽  
Vol 18 (4) ◽  
pp. 409-441
Author(s):  
Céline Bauloz
Keyword(s):  
European Union ◽  
Human Rights ◽  
Premature Death ◽  
Integrated Approach ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
European Court ◽  
The One ◽  
Seriously Ill

While non-refoulement is an absolute principle of international human rights law, its application to seriously ill individuals exposed to premature death and physical and mental suffering because of the substandard medical system in their country of origin seems to have followed a double standard in Europe. On the one hand, medical cases are increasingly treated at the margin of the non-refoulement principle by the European Court of Human Rights, being only covered in highly exceptional cases. On the other hand, seriously ill individuals have been excluded from the scope of subsidiary protection in the European Union as confirmed by the Court of Justice of the European Union. Against such restrictive interpretations, the present article calls for an integrated approach where all non-refoulement claims, including those on medical grounds, are to be assessed along the same criteria so as to ensure seriously ill individuals a genuine right to live in dignity.

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