Troubled Waters in the Mare Nostrum: Interception and Push-Backs of Migrants in the Mediterranean and the European Convention on Human Rights

Bibliography File Note.

Type
Report

Author
Silvia Borelli

Author
Ben Stanford

URL
http://ift.tt/1UVFRt4

Place
Rochester, NY

Date
2014/05/01

Accessed
2016-03-31 04:24:00

Institution
Social Science Research Network

Report Type
SSRN Scholarly Paper

Library Catalog
papers.ssrn.com

Abstract
The practice of ‘push-backs’ in the Mediterranean Sea, in which vessels carrying migrants are intercepted and forced to return to the State from which they departed (or from which they are presumed to have departed) raises serious issues from the perspective of international human rights law. In the wake of the spate of recent tragedies, in which innocent women, children and men attempting to traverse the Mediterranean in order to reach European shores have lost their lives, States and European institutions are finally responding to these issues. The present piece explores the legality of the practice of push-backs under international human rights standards, particularly the European Convention on Human Rights, and offers an assessment of the ongoing developments within the European Union. The piece offers a preliminary assessment of the Draft Regulation relating to joint migration control operations at sea under the auspices of Frontex which aims belatedly to ensure that migration control operations incorporate an element of protection of human life and other fundamental human rights.

Report Number
ID 2431658

Short Title
Troubled Waters in the Mare Nostrum

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