Journal

Applying the Dublin Regulation to the family reunification of unaccompanied children in the absence of official asylum claims

Date: 
Friday, August 11, 2017

1.      Introduction

In recent years, thousands of children in need of international protection have traversed the Mediterranean and entered Europe unauthorised and unaccompanied by a parent or responsible adult. Many enter in the hope of reuniting with family members already residing in Europe, seeking both family reunification and international protection under the...

The detention of asylum seeking children in Hungary: Dire tendencies in upholding the basic rights of children

Date: 
Wednesday, March 8, 2017

Since 2015, the term ‘refugee crisis’ has been widely used to describe the phenomenon of a relatively large number of people seeking protection in the EU. When observing the worrying human rights violations and the detention of asylum seekers, especially children in Hungary, one might ask, however: is it not the rule of law which is in crisis?

This blog will examine the legal framework of the detention of asylum seeking children and the procedural flaws the Hungarian asylum system is struggling with. It will discuss whether the current system is in line with the relevant...

Is strategic litigation a way of ensuring that the rights of unaccompanied minors are fully considered in law, policy and practice?

Date: 
Wednesday, February 15, 2017

Introduction

According to Hannah Arendt civil disobedience is a non-violent opinion, openly expressed in public and directed at doubtful laws and policies imposed by governments. Strategic litigation could be considered as a form of civil disobedience which seeks to achieve changes in policies and raise public awareness to promote and ensure human rights. This type of litigation has developed from what some...

Refugees with disabilities: are new qualification norms required to address today’s protection needs?

Date: 
Tuesday, January 17, 2017

The EU and international legal framework

EU Member States are being profoundly affected by the humanitarian crisis and further efforts are needed to tackle this unprecedented emergency. In this context, persons with disabilities, the elderly, children and women are the most vulnerable categories of individuals who are forced to leave their country in order to escape persecution or abuse. The EU is therefore called upon to take into account the specific situation of persons with disabilities and provide a legal framework that is in line with the international...

Detention of vulnerable persons in international protection proceedings in Poland

Date: 
Thursday, December 8, 2016

Introduction

This blog aims to demonstrate that the system of self-identification of vulnerable persons in the international protection proceedings, applicable in Poland prior to the transposition of the recast Procedure and Reception Directives, can give rise to breaches of Article 5 of the ECHR. It also examines the possible impact of the post-transposition legal framework in Poland on detention practices for those who are vulnerable.

System of (self-) identification of vulnerable persons

Before the transposition of...

Protection of Victims of Human Trafficking and the ECtHR’s inadmissibility decision in G.J. v. Spain

Date: 
Wednesday, September 7, 2016

The case law under Article 4 of the ECHR which enshrines the right not to be held in slavery, servitude and forced labour, is scarce. This is more than surprising against the backdrop of ample empirical evidence showing that migrants, including sex workers, are subjected to severe forms of exploitation in Europe (see, for example, the report by the EU Fundamental Rights Agency published in 2015 Severe...

The formulation of the right to family life beyond ZAT & Others in recent UK jurisprudence

Date: 
Wednesday, June 15, 2016

Introduction

In ZAT and Others the Upper Tribunal affirmed the positive legal duty under Article 8 of the Convention on Human Rights on the State to admit four unaccompanied children to the territory in order to achieve family reunification with their siblings who had refugee status in the UK. The case firstly showed that family...

Tarakhel v. Switzerland: Where does the Dublin system stand now?

Date: 
Thursday, December 4, 2014

This article is to be read in conjunction with the EDAL case summary

Introduction

On the 4th November the Grand Chamber provided its much anticipated judgment in Tarakhel v. Switzerland (no. 29217/12). The Court’s judgment, concerning the proposed return of a family to Italy under the Dublin Regulation, had been awaited with bated breath given a divide between domestic and European jurisprudence on whether return to Italy...