Each year the EMA Council of Directors selects five theses, which stand out not only for their formal academic qualities but also for the originality of topic, innovative character of methodology and approach, potential usefulness in raising awareness about neglected issues, and capacity for contributing to the promotion of the values underlying human rights and democracy.
Browsing Global Campus Europe (EMA) Awarded Theses by Subject "asylum"
(Global Campus of Human Rights, 2018)
Vassalo Amorim, Sara; Heschl, Lisa
This thesis explores the topic of the extra territorialisation of processing of
asylum claims by the European Union (EU) and its member states (MS). In
particular, it focuses on the compatibility of the creation of processing centres
in the territory of third countries by the EU and MS’ with their obligations
under human rights, international and EU law. The creation of these centres
has been presented as an alternative to the EU’s legal and policy framework
on migration and asylum, which has proved inadequate and ineffective to
respond to the growing migratory pressure, marked by the mixed nature of
the migratory flows. The thesis problematises the consequences of severing
the territorial link to the EU asylum system, namely regarding the legal
protection of migrants and asylum seekers. Considering the current proposals
and existing cases of extraterritorial processing in other regions of the world,
this thesis shows that, a priori, the EU and the MS are not exempted from
their obligations towards refugees, asylum seekers and migrants when
acting extraterritorially, even in cases of delegation of powers and indirect
participation. However, practical constraints may limit the possibility to hold
the EU and MS accountable for violations occurred extraterritorially.
Keywords: EU; EU Law; ECHR; Migration and asylum; Extra territorialisation;
Extraterritorial processing of asylum.
Ruppacher, Raphael; Melo, Helena : Pereira de
Recently, more and more countries have recognised sexual orientation as a ground for asylum. This has led to a shift from rejecting such claims because of a lack of recognition of the ground under asylum law to a “culture of disbelief” of the applicant’s claimed sexuality. When assessing the credibility of the claimant’s sexual orientation, case workers and judges often take an approach loaded with heteronormative and culturally insensitive stereotypes of homosexuality. This thesis uncovers how the history of sexual orientation asylum claims has led up to a very recent judgement by the Court of Justice of the European Union (ABC) that puts an end to the most evident human rights violations in credibility assessments. Furthermore, this thesis postulates that the problems that still prevail in the aftermath of this judgement are conceptual. The misconception lies in focusing on assessing the true sexual orientation of the applicant rather than the perceived difference and persecution. This thesis has a strong theoretical focus and argues for a radical shift away from trying to prove the sexual orientation of asylum applicants by re-interpreting the concept of sexual orientation in European asylum law in the light of queer theory, intersectionality and international human rights standards.