Advanced

Italian and Spanish Refugee Politics in Relation to Libya and Morocco: a Comparative Study in a Human Rights Perspective

Pommer, Lena (2009)
Department of Law
Abstract
The European Union is developing a common asylum system. The goal is to create certain minimum standards regulating the reception and procedures regarding asylum seekers and refugees. The Dublin II Regulation is one of the legal instruments created in this process. It determines which state is responsible for any particular asylum seeker and for their asylum application. The member state that allows an asylum seeker to enter the EU is responsible to determine their claim, no matter if the entrance is legal or not. This puts an extra burden on states with external borders, since they receive the majority of those seeking asylum. Italy and Spain are two of these states. Their locations make them attractive to migrants and asylum seekers... (More)
The European Union is developing a common asylum system. The goal is to create certain minimum standards regulating the reception and procedures regarding asylum seekers and refugees. The Dublin II Regulation is one of the legal instruments created in this process. It determines which state is responsible for any particular asylum seeker and for their asylum application. The member state that allows an asylum seeker to enter the EU is responsible to determine their claim, no matter if the entrance is legal or not. This puts an extra burden on states with external borders, since they receive the majority of those seeking asylum. Italy and Spain are two of these states. Their locations make them attractive to migrants and asylum seekers trying to enter Europe from the Northern part of Africa. To receive asylum seekers is costly. The states with external borders have to carry the majority of this cost. In practice this has led to the EU strengthening its external borders, and thereby makes it more unreachable for the asylum seekers. There is a right in International law to seek asylum while in a state, but no right to obtain it, neither is there any right to enter the state to be able to seek asylum. However, when the EU consolidates its borders, the possibility for refugees to enter the state to apply for asylum is diminished. What is important to know, is whether states with external borders live up to the regional standards and international human rights law when it comes to their refugee politics, or if there are practices of avoiding and even opposing their human rights responsibilities. The focus of this thesis is on Italy in relation to Libya, as well as on Spain in relation to Morocco, concerning refugees and asylum seekers trying to reach Europe. The purpose is to know whether Italy and Spain live up to regional standards and international human rights law regarding their refugee politics in relation to Libya and Morocco, and to make a comparison in some specific areas of their compliancy of the human rights laws put in place. (Less)
Please use this url to cite or link to this publication:
author
Pommer, Lena
supervisor
organization
year
type
H2 - Master's Degree (Two Years)
subject
keywords
International Human Rights Law
language
English
id
1555351
date added to LUP
2010-03-08 15:23:26
date last changed
2010-03-08 15:23:26
@misc{1555351,
  abstract     = {The European Union is developing a common asylum system. The goal is to create certain minimum standards regulating the reception and procedures regarding asylum seekers and refugees. The Dublin II Regulation is one of the legal instruments created in this process. It determines which state is responsible for any particular asylum seeker and for their asylum application. The member state that allows an asylum seeker to enter the EU is responsible to determine their claim, no matter if the entrance is legal or not. This puts an extra burden on states with external borders, since they receive the majority of those seeking asylum. Italy and Spain are two of these states. Their locations make them attractive to migrants and asylum seekers trying to enter Europe from the Northern part of Africa. To receive asylum seekers is costly. The states with external borders have to carry the majority of this cost. In practice this has led to the EU strengthening its external borders, and thereby makes it more unreachable for the asylum seekers. There is a right in International law to seek asylum while in a state, but no right to obtain it, neither is there any right to enter the state to be able to seek asylum. However, when the EU consolidates its borders, the possibility for refugees to enter the state to apply for asylum is diminished. What is important to know, is whether states with external borders live up to the regional standards and international human rights law when it comes to their refugee politics, or if there are practices of avoiding and even opposing their human rights responsibilities. The focus of this thesis is on Italy in relation to Libya, as well as on Spain in relation to Morocco, concerning refugees and asylum seekers trying to reach Europe. The purpose is to know whether Italy and Spain live up to regional standards and international human rights law regarding their refugee politics in relation to Libya and Morocco, and to make a comparison in some specific areas of their compliancy of the human rights laws put in place.},
  author       = {Pommer, Lena},
  keyword      = {International Human Rights Law},
  language     = {eng},
  note         = {Student Paper},
  title        = {Italian and Spanish Refugee Politics in Relation to Libya and Morocco: a Comparative Study in a Human Rights Perspective},
  year         = {2009},
}