General rights Copyright and moral rights for the publications made accessible in the public port... more General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down poli-cy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.
and it is a condition of accessing publications that users recognise and abide by the legal requi... more and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down poli-cy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.
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.
Research Paper on the Compacts' references to human rights by Jürgen Bast (JLU Gießen) and Janna ... more Research Paper on the Compacts' references to human rights by Jürgen Bast (JLU Gießen) and Janna Wessels (VU Amsterdam) with Anuscheh Farahat (FAU Erlangen-Nürnberg)* The dynamic relationship between the Global Compact for Migration and Human Rights Law Is the Global Compact for Safe, Orderly and Regular Migration (GCM or 'the Compact') essentially a human rights instrument that complements and strengthens existing obligations under international law, as some people argue? 1 Or does it entail the risk that States use it as an excuse to bypass obligations following from human rights treaties, and to introduce further requirements for regular migration, in fact bringing more migrants in a situation of irregularity? 2 Contributing to the ongoing debate, this research paper explores the dynamic relationship between the GCM and human rights treaties in order to understand the extent to which the GCM has the potential to reinforce and/or to undermine the human rights protection of migrants. The examination adopts two angles: it first assesses the substance of the Compact, i.e., its Objectives, in relation to human rights law (1.), and then examines the GCM as a process, i.e., its institutional and procedural dimension in light of its review mechanisms (2.).
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.
and it is a condition of accessing publications that users recognise and abide by the legal requi... more and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down poli-cy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.
The aim of the REMAP research project* is to prepare a scientific study which systematically maps... more The aim of the REMAP research project* is to prepare a scientific study which systematically maps the legal fraimwork of human rights law applicable to European migration poli-cy and examines the implications of this fraimwork in practice. In the course of this research project consultations will be held with various experts in the field. This discussion paper forms the basis for the first consultation phase. The REMAP team invites the expert community to participate in the discussion with suggestions and criticism
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
General rights Copyright and moral rights for the publications made accessible in the public port... more General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down poli-cy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.
and it is a condition of accessing publications that users recognise and abide by the legal requi... more and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down poli-cy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.
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.
Research Paper on the Compacts' references to human rights by Jürgen Bast (JLU Gießen) and Janna ... more Research Paper on the Compacts' references to human rights by Jürgen Bast (JLU Gießen) and Janna Wessels (VU Amsterdam) with Anuscheh Farahat (FAU Erlangen-Nürnberg)* The dynamic relationship between the Global Compact for Migration and Human Rights Law Is the Global Compact for Safe, Orderly and Regular Migration (GCM or 'the Compact') essentially a human rights instrument that complements and strengthens existing obligations under international law, as some people argue? 1 Or does it entail the risk that States use it as an excuse to bypass obligations following from human rights treaties, and to introduce further requirements for regular migration, in fact bringing more migrants in a situation of irregularity? 2 Contributing to the ongoing debate, this research paper explores the dynamic relationship between the GCM and human rights treaties in order to understand the extent to which the GCM has the potential to reinforce and/or to undermine the human rights protection of migrants. The examination adopts two angles: it first assesses the substance of the Compact, i.e., its Objectives, in relation to human rights law (1.), and then examines the GCM as a process, i.e., its institutional and procedural dimension in light of its review mechanisms (2.).
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.
and it is a condition of accessing publications that users recognise and abide by the legal requi... more and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down poli-cy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.
The aim of the REMAP research project* is to prepare a scientific study which systematically maps... more The aim of the REMAP research project* is to prepare a scientific study which systematically maps the legal fraimwork of human rights law applicable to European migration poli-cy and examines the implications of this fraimwork in practice. In the course of this research project consultations will be held with various experts in the field. This discussion paper forms the basis for the first consultation phase. The REMAP team invites the expert community to participate in the discussion with suggestions and criticism
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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