Territory and Refugee Protection: Places for Human Rights?

Описание: Territory and Refugee Protection: Places for Human Rights?

Panel discussion on recent developments in EU asylum practices in a global perspective
Recorded on October 14, 2021

Organizer: The Human Rights Discussion Group of the Max Planck Institute for Comparative Public Law and International Law

Panelists:
Pauline Endres de Oliveira (Research Fellow at the Justus Liebig University Gießen/ Refugee Law Clinic of the Humboldt University of Berlin)
Nikolas Feith Tan (Danish Institute for Human Rights)
Bonny Ling (Institute for Human Rights and Business, Portsmouth City of Sanctuary, Lead on Combatting Modern Slavery)
Alex Aleinikoff (Zolberg Institute on Migration and Mobility, The New School)
Chair: Franziska Plümmer, Max Planck Institute for Comparative Public Law and International Law

Migration and asylum procedures have been subject to the principle of territoriality for decades. The rights of migrants and refugees to social welfare and political participation are always linked to a territorially-defined legal space depending on where they entered a border or applied for asylum. Human rights, however, apply extraterritorially. Migration policies revolve around territoriality in different ways: attempts to avoid the application of laws by avoiding territory (extraterritorial processing), special legal regimes for certain areas (transit zones and immigration detention facilities), and efforts by local authorities and civic organizations to challenge broader national immigration policies (sanctuary cities).

The past year has given ample reason to reconsider European migration and asylum practices in this regard. Think of the Hungarian government established ‘transit zones’ on its territory, the Danish law to relocate asylum seekers outside its territory, or the way the EU-Turkey migration deal differentiates the rights of migrants according to the principle of territoriality

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