D7.2 – Work Package 7 contribution to D9.4
The European Union (EU) has proclaimed in its Treaties that it “constitutes an area of freedom, security and justice with respect for fundamental rights”. The EU has developed coherent policies on external border control, asylum and immigration which address security concerns, while also aiming to ensure the fair and humane treatment of migrants.
There are a number of warning signs that fundamental rights in the return process are not sufficiently safeguarded. The recent case-law of the ECtHR seems to shift the ‘person-centric mandate to primarily safeguard individuals’ human rights in their interactions with states’ and puts the sovereignty (at least in migration control) of the state first. This position of the
ECtHR ignores the vulnerability of people on the move and undermines the protection that Article 3 ECHR provides.
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Authors: Valery Petkov, Foundation for Access to Rights (FAR), Valeria Ilareva, Foundation for Access to Rights (FAR), Magdalena Miteva, Foundation for Access to Rights (FAR), Witold Klaus, Institute of Law Studies of the Polish Academy of Sciences (ILS PAS), Ana Maria Torres Chedraui, Erasmus University Rotterdam (EUR), & Madalina Lepsa-Rogoz, International Centre for Migration Policy Development (ICMPD).