Crumbling human rights, mounting border violence? An interdisciplinary analysis of the European migration and asylum policy and its implications for the rights of people on the move

Abstract

About ten years after the ‘migration crisis’, the Pact on Migration and Asylum was adopted to establish a common asylum and migration system within the European Union. One key objective are strong external borders, which has drawn significant criticism from civil society and legal experts. Critics fear an increase in border violence against people on the move. This thesis explores whether, and if so, how the Pact reinforces border violence. It pursues an interdisciplinary approach. By delving into the moral foundations of border crossing, it addressed arguments in favour of open borders on cosmopolitan grounds. Analysing political developments across Europe reveals how right-wing populism acts as a catalyst for antiimmigration sentiment. Examining the legal framework of the Pact shows how outsourcing the asylum process and externalising migration policies undermine human rights protection. As the Pact grants member states tremendous discretion in its implementation, this thesis finally discusses how the case law of the European Court of Human Rights in Strasbourg could respond to potential border violence in future. Although the Court does not have jurisdiction over the Pact’s instruments, it serves as the guardian of human rights in Europe. It is argued that the Court holds the potential to tackle racial discrimination and systemic violence against people on the move.