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I gränslandet Europa : en studie om hur definitionen av ”flykting” och begreppet “säkra länder” inom EG-rätten påverkar romer som minoritet i Europa

Messa, Anna Viktoria LU (2013) MRSG20 20122
Human Rights Studies
Abstract
This thesis aims to examine how the EC law regarding asylum and refugees, or more precisely how the notion of “safe countries” and the definition of “refugee” in the Asylum Procedures Directive and the Qualification Directive, affect the Roma minority in Europe. The theoretical framework is based on two theories: One theory is Etienne Balibar’s discussion concerning the European project and how it deals with the forms of exclusion and discrimination that mainly affect immigrants. The second is Hannah Arendt’s theory regarding the “right to have rights”. Arendt emphasizes that the rights we actually enjoy spring from within the nation and speaks of people who do not belong to any community at all. These theoretical perspectives provide a... (More)
This thesis aims to examine how the EC law regarding asylum and refugees, or more precisely how the notion of “safe countries” and the definition of “refugee” in the Asylum Procedures Directive and the Qualification Directive, affect the Roma minority in Europe. The theoretical framework is based on two theories: One theory is Etienne Balibar’s discussion concerning the European project and how it deals with the forms of exclusion and discrimination that mainly affect immigrants. The second is Hannah Arendt’s theory regarding the “right to have rights”. Arendt emphasizes that the rights we actually enjoy spring from within the nation and speaks of people who do not belong to any community at all. These theoretical perspectives provide a framework for understanding the problems within the European asylum system as it relates to international human rights and specifically in regards to the Roma minority in Europe. The European Union’s legal interpretation method is used to examine the purpose and content of its legal provisions. Inductive text analysis is used as a tool to identify the main problems faced by the Roma minority in Europe. The thesis concludes that the Roma, because of restrictive asylum regulation in the EU, has very limited opportunity to receive protection within the borders of EU. The Roma are adversely affected by the notion, and application of "safe countries”, and the Asylum Procedures Directive stands in conflict with several principles of international law. The conclusion argues that the concept of "safe countries", viewed from a human rights perspective, is illegitimate. (Less)
Please use this url to cite or link to this publication:
author
Messa, Anna Viktoria LU
supervisor
organization
course
MRSG20 20122
year
type
L2 - 2nd term paper (old degree order)
subject
keywords
Qualification Directive, Asylum Procedures Directive, EU, Asylum, refugee, the Roma, Human Rights, mänskliga rättigheter
language
Swedish
id
3358859
date added to LUP
2013-02-26 11:46:15
date last changed
2014-09-04 08:27:39
@misc{3358859,
  abstract     = {This thesis aims to examine how the EC law regarding asylum and refugees, or more precisely how the notion of “safe countries” and the definition of “refugee” in the Asylum Procedures Directive and the Qualification Directive, affect the Roma minority in Europe. The theoretical framework is based on two theories: One theory is Etienne Balibar’s discussion concerning the European project and how it deals with the forms of exclusion and discrimination that mainly affect immigrants. The second is Hannah Arendt’s theory regarding the “right to have rights”. Arendt emphasizes that the rights we actually enjoy spring from within the nation and speaks of people who do not belong to any community at all. These theoretical perspectives provide a framework for understanding the problems within the European asylum system as it relates to international human rights and specifically in regards to the Roma minority in Europe. The European Union’s legal interpretation method is used to examine the purpose and content of its legal provisions. Inductive text analysis is used as a tool to identify the main problems faced by the Roma minority in Europe. The thesis concludes that the Roma, because of restrictive asylum regulation in the EU, has very limited opportunity to receive protection within the borders of EU. The Roma are adversely affected by the notion, and application of "safe countries”, and the Asylum Procedures Directive stands in conflict with several principles of international law. The conclusion argues that the concept of "safe countries", viewed from a human rights perspective, is illegitimate.},
  author       = {Messa, Anna Viktoria},
  keyword      = {Qualification Directive,Asylum Procedures Directive,EU,Asylum,refugee,the Roma,Human Rights,mänskliga rättigheter},
  language     = {swe},
  note         = {Student Paper},
  title        = {I gränslandet Europa : en studie om hur definitionen av ”flykting” och begreppet “säkra länder” inom EG-rätten påverkar romer som minoritet i Europa},
  year         = {2013},
}