Taking refugee rights seriously: A reply to Professor Hailbronner
<p>Reactions to the proposed “refugee swap” between the EU and Turkey have been predictably absolutist. On the one hand, most advocates have opposed the draft arrangement, asserting some combination of the right of refugees to be protected where they choose and/or that a protection swap would...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | deu |
| Published: |
Max Steinbeis Verfassungsblog GmbH
|
| Series: | Verfassungsblog |
| Subjects: | |
| Online Access: | https://verfassungsblog.de/taking-refugee-rights-seriously-a-reply-to-professor-hailbronner/ |
| _version_ | 1818512571764834304 |
|---|---|
| author | James C. Hathaway |
| author_facet | James C. Hathaway |
| author_sort | James C. Hathaway |
| collection | DOAJ |
| description | <p>Reactions to the proposed “refugee swap” between the EU and Turkey have been predictably absolutist. On the one hand, most advocates have opposed the draft arrangement, asserting some combination of the right of refugees to be protected where they choose and/or that a protection swap would clearly breach the ECHR’s prohibition of “collective expulsion” of aliens. On the other hand, Professor Hailbronner argues against any right of refugees to make their own decisions about how to access protection, believes that refugees may be penalized if arriving in the EU “without the necessary documents,” suggests that it does not matter that Turkey is not relevantly a party to the Refugee Convention, and confidently asserts that there is no basis to see the prohibition of “collective expulsion” as engaged here. As usual, the truth is somewhere in the middle.</p>
|
| first_indexed | 2024-12-10T23:48:42Z |
| format | Article |
| id | doaj.art-ff9513326cfd43479a97b863d73aad31 |
| institution | Directory Open Access Journal |
| issn | 2366-7044 |
| language | deu |
| last_indexed | 2024-12-10T23:48:42Z |
| publisher | Max Steinbeis Verfassungsblog GmbH |
| record_format | Article |
| series | Verfassungsblog |
| spelling | doaj.art-ff9513326cfd43479a97b863d73aad312022-12-22T01:28:52ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442366-7044Taking refugee rights seriously: A reply to Professor HailbronnerJames C. Hathaway<p>Reactions to the proposed “refugee swap” between the EU and Turkey have been predictably absolutist. On the one hand, most advocates have opposed the draft arrangement, asserting some combination of the right of refugees to be protected where they choose and/or that a protection swap would clearly breach the ECHR’s prohibition of “collective expulsion” of aliens. On the other hand, Professor Hailbronner argues against any right of refugees to make their own decisions about how to access protection, believes that refugees may be penalized if arriving in the EU “without the necessary documents,” suggests that it does not matter that Turkey is not relevantly a party to the Refugee Convention, and confidently asserts that there is no basis to see the prohibition of “collective expulsion” as engaged here. As usual, the truth is somewhere in the middle.</p> https://verfassungsblog.de/taking-refugee-rights-seriously-a-reply-to-professor-hailbronner/Collective Expulsion, EU-Turkey Deal, Geneva Refugee Convention, Kay Hailbronner, Refugee Protection |
| spellingShingle | James C. Hathaway Taking refugee rights seriously: A reply to Professor Hailbronner Verfassungsblog Collective Expulsion, EU-Turkey Deal, Geneva Refugee Convention, Kay Hailbronner, Refugee Protection |
| title | Taking refugee rights seriously: A reply to Professor Hailbronner |
| title_full | Taking refugee rights seriously: A reply to Professor Hailbronner |
| title_fullStr | Taking refugee rights seriously: A reply to Professor Hailbronner |
| title_full_unstemmed | Taking refugee rights seriously: A reply to Professor Hailbronner |
| title_short | Taking refugee rights seriously: A reply to Professor Hailbronner |
| title_sort | taking refugee rights seriously a reply to professor hailbronner |
| topic | Collective Expulsion, EU-Turkey Deal, Geneva Refugee Convention, Kay Hailbronner, Refugee Protection |
| url | https://verfassungsblog.de/taking-refugee-rights-seriously-a-reply-to-professor-hailbronner/ |
| work_keys_str_mv | AT jameschathaway takingrefugeerightsseriouslyareplytoprofessorhailbronner |