Relocation of asylum seekers : requirements of international human rights law

Abstract

In an attempt to cope with the challenges the European Union (EU) and its member states were facing concerning the large number of refugees arriving in Europe in the course of the year 2015 the European Commission proposed a relocation mechanism for asylum seekers to support member states whose asylum systems were under high pressure. it relates to the transfer of individuals who applied for international protection in one EU member state, who would normally be responsible for examining the asylum claim, to another member state of the EU. This thesis has the objective to analyse which requirements are placed upon mechanisms for the relocation of asylum seekers, as they have been proposed in the EU, by relevant core rights and principles of international human rights law. It will focus on the prohibition of refoulement, the duty of non-discrimination, the right to freedom of movement, the right to protection of one’s family life, and the right to an effective remedy. The key findings of the conducted research could serve as a basis for possible ways to implement such mechanisms in conformity with international human rights law. They also seek to contribute to move forward the debate on new arrangements aimed at achieving an enhanced protection of refugees.