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Access To Protection: Negotiating Rights And Diplomatic Assurances Under Memoranda Of Understanding, Mariagiulia Giuffré
Access To Protection: Negotiating Rights And Diplomatic Assurances Under Memoranda Of Understanding, Mariagiulia Giuffré
Mariagiulia Giuffré
With the pretext of the global ‘war on terror’, States have repatriated a notable number of individuals who are considered threats to the public safety of the host country. Expulsion orders have often been issued on the basis of Memoranda of Understanding (MoUs)—written accords that enumerate a long list of undertakings dictating guarantees for the fair and human treatment of returnees. This paper aims to investigate whether the implementation of diplomatic assurances, whether formalized or not within MoUs, can undermine core refugee rights. Through a detailed review of international human rights case law, it observes that the text of MoUs …
Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré
Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré
Mariagiulia Giuffré
Against the backdrop of the bilateral cooperation on migration control between individual EU Member States and third countries, this paper examines whether the implementation of readmission agreements hampers access to protection for asylum-seekers subjected to a return procedure. It concludes that no issue of incompatibility with refugee and human rights law stems from the text of readmission agreements, administrative tools used to articulate the procedures for a smooth return of irregular migrants and rejected refugees to countries of origin or transit. Nonetheless, instances of informal practices of border control, especially in situations of emergency and mass influxes demonstrate how the …
On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré
On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré
Mariagiulia Giuffré
No abstract provided.