On 23 September 2020, the European Commission presented its New Pact on Migration and Asylum. A k... more On 23 September 2020, the European Commission presented its New Pact on Migration and Asylum. A key element of this legislative package is the broader use of border procedures. The rationale is that by ‘keeping’ certain asylum seekers at the borders or in transit zones, return policies would become more effective. This blog post argues that the proposal conflicts with legal obligations arising from the Human Rights to liberty and freedom movement
With the legislative proposals presented as the New Pact on Migration and Asylum on 23 September ... more With the legislative proposals presented as the New Pact on Migration and Asylum on 23 September 2020, the European Commission sought to overcome the political impasse in reform efforts of the Common European Asylum System. A key element of this legislative package is the broader use of border procedures. The rationale is that by ‘keeping’ certain asylum seekers at the borders or in transit zones, return policies would become more effective. This paper undertakes a legal assessment of the proposed border procedures in light of legal obligations arising from the Human Rights to liberty and freedom movement. It argues that the qualification of asylum seekers’ entry as unauthorised seemingly pushes into a gap in human rights law, allowing for detention and area-based restrictions. However, a reconstruction of the applicable human rights standards shows that the blanket use of such measures is in fact unlawful, such that the proposal will have to be amended in that regard.
Olson, Greta with Janna Wessels. “Imag(in)ing Human Rights: Deindividualizing, Victimizing, and U... more Olson, Greta with Janna Wessels. “Imag(in)ing Human Rights: Deindividualizing, Victimizing, and Universalizing Images of Refugees in the United States and Germany.” The State of Human Rights: Historical Genealogies, Historical Controversies, and Cultural Imaginaries. Ed. Kerstin Schmidt and Margaretha Schweiger-Wilhelm, foreword by Saskia Sassen. Publikationen der Bayerischen Amerika-Akademie / Publications of the Bavarian America Academy. Heidelberg: Universitätsverlag Winter, 2020. 249-264.
On 23 September 2020, the European Commission presented its New Pact on Migration and Asylum. A k... more On 23 September 2020, the European Commission presented its New Pact on Migration and Asylum. A key element of this legislative package is the broader use of border procedures. The rationale is that by ‘keeping’ certain asylum seekers at the borders or in transit zones, return policies would become more effective. This blog post argues that the proposal conflicts with legal obligations arising from the Human Rights to liberty and freedom movement
On 23 September 2020, the European Commission presented its New Pact on Migration and Asylum. A k... more On 23 September 2020, the European Commission presented its New Pact on Migration and Asylum. A key element of this legislative package is the broader use of border procedures. The rationale is that by ‘keeping’ certain asylum seekers at the borders or in transit zones, return policies would become more effective. This blog post argues that the proposal conflicts with legal obligations arising from the Human Rights to liberty and freedom movement
With the legislative proposals presented as the New Pact on Migration and Asylum on 23 September ... more With the legislative proposals presented as the New Pact on Migration and Asylum on 23 September 2020, the European Commission sought to overcome the political impasse in reform efforts of the Common European Asylum System. A key element of this legislative package is the broader use of border procedures. The rationale is that by ‘keeping’ certain asylum seekers at the borders or in transit zones, return policies would become more effective. This paper undertakes a legal assessment of the proposed border procedures in light of legal obligations arising from the Human Rights to liberty and freedom movement. It argues that the qualification of asylum seekers’ entry as unauthorised seemingly pushes into a gap in human rights law, allowing for detention and area-based restrictions. However, a reconstruction of the applicable human rights standards shows that the blanket use of such measures is in fact unlawful, such that the proposal will have to be amended in that regard.
Olson, Greta with Janna Wessels. “Imag(in)ing Human Rights: Deindividualizing, Victimizing, and U... more Olson, Greta with Janna Wessels. “Imag(in)ing Human Rights: Deindividualizing, Victimizing, and Universalizing Images of Refugees in the United States and Germany.” The State of Human Rights: Historical Genealogies, Historical Controversies, and Cultural Imaginaries. Ed. Kerstin Schmidt and Margaretha Schweiger-Wilhelm, foreword by Saskia Sassen. Publikationen der Bayerischen Amerika-Akademie / Publications of the Bavarian America Academy. Heidelberg: Universitätsverlag Winter, 2020. 249-264.
On 23 September 2020, the European Commission presented its New Pact on Migration and Asylum. A k... more On 23 September 2020, the European Commission presented its New Pact on Migration and Asylum. A key element of this legislative package is the broader use of border procedures. The rationale is that by ‘keeping’ certain asylum seekers at the borders or in transit zones, return policies would become more effective. This blog post argues that the proposal conflicts with legal obligations arising from the Human Rights to liberty and freedom movement
The case of HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [20... more The case of HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31 has been celebrated as a fundamental shift in UK asylum law. Although the Judges held that nobody is to be required to conceal a protected characteristic, this article analyses the new test to be applied by tribunals in sexuality-based asylum claims and shows that the Judges are far from rejecting “discretion” as a whole. Quite the contrary: The distinction between “openly” and “discreetly” gay people that is inscribed in the test risks coming down to a backward return to “discretion logic”.
The State of Human Rights: Historical Genealogies, Political Controversies, and Cultural Imaginaries, 2020
Olson, Greta with Janna Wessels. “Imag(in)ing Human Rights: Deindividualizing, Victimizing, and U... more Olson, Greta with Janna Wessels. “Imag(in)ing Human Rights: Deindividualizing, Victimizing, and Universalizing Images of Refugees in the United States and Germany.” The State of Human Rights: Historical Genealogies, Historical Controversies, and Cultural Imaginaries. Ed. Kerstin Schmidt and Margaretha Schweiger-Wilhelm, foreword by Saskia Sassen. Publikationen der Bayerischen Amerika-Akademie / Publications of the Bavarian America Academy. Heidelberg: Universitätsverlag Winter, 2020. 249-264.
The EU has become a powerful player in the area of migration. As a result, European migration pol... more The EU has become a powerful player in the area of migration. As a result, European migration policies increasingly conflict with the EU’s commitment to respect Human Rights. The book identifies the most pressing challenges, outlines the relevant legal standards, and provides recommendations for reform. It includes chapters on: 1. Ensuring Access to Asylum; 2. Ensuring Liberty and Freedom of Movement; 3. Guaranteeing Procedural Standards; 4. Preventing Discrimination; 5. Preserving Social and Family Ties; 6. Guaranteeing Socio-Economic Rights; 7. Fostering Human Rights Infrastructure.
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