Global Campus Europe (EMA) Awarded Theses

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https://reponew.gchumanrights.org/handle/20.500.11825/739
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.

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Browsing Global Campus Europe (EMA) Awarded Theses by Subject "asylum"
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    Is offshoring the solution? The EU and the extraterritorial processing of asylum claims
    (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.
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    Not that kind of gay : credibility assessment and the concept of sexual orientation in European asylum law
    (EIUC, 2016-04) 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.
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    The Good Ukrainian, the Bad Syrian, the Ugly Afghan (and the Forgotten Ones). Reframing Migration Governance through Michel Foucault’s and Hannah Arendt’s Legacies
    (Global Campus of Human Rights, 2023) Fagard, Clarisse ; Finlay, Graham
    The war raging in Ukraine compels more than ever to confront the impasses and divergences of current migration policies. The present study provides a philosophical perspective on the refugee status and seeks to address the contradictions inherent to the latter policies. By drawing upon four major refugee movements, it reviews the emergency responses deployed in their wake, exposing asylum policy inequities and differential treatment of refugees on the basis of their situation. Building on the work of Michel Foucault and Hannah Arendt, the study delves into the concepts of governmentality, power, subjectivity, agency, biopower and biopolitics. Through the interlacing of the two authors’ perspectives, the paper will attempt to reveal subtle connections and suggest avenues for reflection on the paradoxes and problems inherent in their respective theories. The thesis comprises four parts, which successively explore the notion of biopower and its applicability to refugees, the concept of biopolitics and the influence on migration policies, Gilles Deleuze and Félix Guattari’s enlightenments to a revisited appreciation of biopolitics, and lastly the constructing of a political space of resistance for refugees. Through a theoretical approach and an exploration of key concepts such as refugees, migrants, asylum, freedom and citizenship, it is hoped to raise reflexive stances on current dilemmas among policymakers in the migration field. The study further proposes a forward-looking approach to exploring alternative representations of refugees, possibly aimed at shifting migratory policies.