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Do European Union measures against people smuggling constitute non-entry and within this context violate refugee´s rights?

This dissertation critically examines the intersection of the European Union´s measures against people smuggling and the protection of refugee rights. Against the backdrop of a global refugee crisis, the European Union's migration policies and border control strategies have come under scrutiny. The...

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Main Author: Prüfer Maren
Other Authors: Khan, Fatima
Format: Thesis
Language:English
English
Published: Department of Public Law 2025
Subjects:
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access_status_str Open Access
author Prüfer Maren
author2 Khan, Fatima
author_browse Khan, Fatima
Prüfer Maren
author_facet Khan, Fatima
Prüfer Maren
author_sort Prüfer Maren
collection Thesis
description This dissertation critically examines the intersection of the European Union´s measures against people smuggling and the protection of refugee rights. Against the backdrop of a global refugee crisis, the European Union's migration policies and border control strategies have come under scrutiny. The European Union's commitment to human dignity, freedom, democracy, and human rights is foundational, yet criticism persists regarding its approach to refugees and migrants. The emphasis on border control and the closing of loopholes has led to a race between border authorities and migrant smugglers, with each party adapting to the evolving strategies of the other. A fundamental challenge arises from the divide between individuals entitled to international protection and those left unprotected. Refugees, who are able to seek refuge without prior permission, present a unique challenge to migration control efforts. In order to avoid having to grant protection to such individuals, developed states employ so called non-entrée policies, preventing refugees from entering their territories while ostensibly upholding international principles. Such non-entry policies are often connected to anti-smuggling measures, so that the interplay between the two will serve as a focal point for the analysis conducted in this research. The dissertation delves into the human rights aspects of people smuggling, examining the potential disparity between anti-smuggling efforts and the rights of asylum seekers in the light of non-entrée policies. Through this comprehensive analysis, the dissertation aims to provide recommendations for enhancing the compatibility between the European Union's fight against people smuggling and the protection of refugee rights in the ongoing global refugee crisis.
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institution University of Cape Town (South Africa)
language English
eng
last_indexed 2026-06-10T12:33:45.686Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2025
publishDateRange 2025
publishDateSort 2025
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spelling oai:open.uct.ac.za:11427/41236 Do European Union measures against people smuggling constitute non-entry and within this context violate refugee´s rights? Prüfer Maren Khan, Fatima refugees' rights This dissertation critically examines the intersection of the European Union´s measures against people smuggling and the protection of refugee rights. Against the backdrop of a global refugee crisis, the European Union's migration policies and border control strategies have come under scrutiny. The European Union's commitment to human dignity, freedom, democracy, and human rights is foundational, yet criticism persists regarding its approach to refugees and migrants. The emphasis on border control and the closing of loopholes has led to a race between border authorities and migrant smugglers, with each party adapting to the evolving strategies of the other. A fundamental challenge arises from the divide between individuals entitled to international protection and those left unprotected. Refugees, who are able to seek refuge without prior permission, present a unique challenge to migration control efforts. In order to avoid having to grant protection to such individuals, developed states employ so called non-entrée policies, preventing refugees from entering their territories while ostensibly upholding international principles. Such non-entry policies are often connected to anti-smuggling measures, so that the interplay between the two will serve as a focal point for the analysis conducted in this research. The dissertation delves into the human rights aspects of people smuggling, examining the potential disparity between anti-smuggling efforts and the rights of asylum seekers in the light of non-entrée policies. Through this comprehensive analysis, the dissertation aims to provide recommendations for enhancing the compatibility between the European Union's fight against people smuggling and the protection of refugee rights in the ongoing global refugee crisis. 2025-03-25T09:20:54Z 2025-03-25T09:20:54Z 2024 2025-03-25T09:14:43Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/41236 en eng application/pdf Department of Public Law Faculty of Law University of Cape Town
spellingShingle refugees' rights
Prüfer Maren
Do European Union measures against people smuggling constitute non-entry and within this context violate refugee´s rights?
thesis_degree_str Master's
title Do European Union measures against people smuggling constitute non-entry and within this context violate refugee´s rights?
title_full Do European Union measures against people smuggling constitute non-entry and within this context violate refugee´s rights?
title_fullStr Do European Union measures against people smuggling constitute non-entry and within this context violate refugee´s rights?
title_full_unstemmed Do European Union measures against people smuggling constitute non-entry and within this context violate refugee´s rights?
title_short Do European Union measures against people smuggling constitute non-entry and within this context violate refugee´s rights?
title_sort do european union measures against people smuggling constitute non entry and within this context violate refugee´s rights
topic refugees' rights
url http://hdl.handle.net/11427/41236
work_keys_str_mv AT prufermaren doeuropeanunionmeasuresagainstpeoplesmugglingconstitutenonentryandwithinthiscontextviolaterefugeesrights