De las vías de asilo complementarias a las “primarias”: unas palabras sobre el “derecho a exiliarse”: From complementary to ‘primary’ pathways to asylum: a word on the ‘right to flee’

La comunidad internacional debe alejarse del modelo imperante basado en la discrecionalidad para las vías de asilo. El “derecho a exiliarse” ha de tomarse en serio. The international community needs to move away from the prevailing discretion-based model for pathways to asylum. The ‘right to flee’ must be taken seriously

The Architecture of Functional Jurisdiction: Unpacking Contactless Control – On Public Powers, S.S. and Others v. Italy, and the “Operational Model”

Available accounts on jurisdiction, effective control, and the reach of human rights protections fail to provide a coherent construction that is principled and applicable across the board, within and beyond territorial borders. The “functional jurisdiction” model posited herein resolves these incongruities by looking at the normative foundation of sovereign authority overall, predicated on an exercise of “public powers” through which State functions are discharged, taking the form of policy delivery and/or operational action, whether inland or offshore, and which translates into “situational” control. Using the pending case of S.S. and Others v. Italy as an illustration, the article focuses on the sovereign-authority nexus that unites a specific state with a specific individual in a specific situation, triggering human rights obligations even through mechanisms of “contactless control” exercised via remote management techniques and/or through a proxy third actor. The role of extraterritorial operations, qua complex mechanisms of governance that implement broader policies with a planning, rollout and post-implementation phase, is central to this re-conceptualization, as is also the understanding that what makes control “effective” is its capacity to determine the material course of events and the resulting position in which those affected find themselves upon execution of the measure(s) concerned

Implementation of the 2015 Council Decisions establishing provisional measures in the area of international protection for the benefit of Italy and of Greece. Study. PE 583 132. CEPS Research Report, March 2017

This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, examines the EU’s mechanism of relocation of asylum seekers from Greece and Italy to other Member States. It examines the scheme in the context of the Dublin System, the hotspot approach, and the EU-Turkey Statement, recommending that asylum seekers’ interests, and rights be duly taken into account, as it is only through their full engagement that relocation will be successful. Relocation can become a system that provides flexibility for Member States and local host communities, as well as accommodating the agency and dignity of asylum seekers. This requires greater cooperation from receiving States, and a clearer role for a single EU legal and institutional framework to organise preference matching and rationalise efforts and resources overall

The EU Humanitarian Border and the Securitization of Human Rights:The “Rescue-through-Interdiction/Rescue-without-Protection” Paradigm

This article looks at securitization/humanitarianization dynamics in the EU external sea borders to track and critique the substantial transformation of the role played by human rights in the Mediterranean. Mapping the evolution of maritime engagement up to the ‘refugee crisis’, it is revealed how the invocation of human rights serves paradoxically to curtail (migrants') human rights, justifying interdiction (‘to save lives’), and impeding access to safety in Europe. The result is a double reification of ‘boat migrants’ as threats to border security and as victims of smuggling/trafficking. Through a narrative of ‘rescue’, interdiction is laundered into an ethically sustainable strategy of border governance. Instead of being considered a problematic (potentially lethal) means of control, it is re-defined into a life-saving device. The ensuing ‘rescue-through-interdiction’/‘rescue-without-protection’ paradigm alters the nature of human rights, which, rather than functioning as a check on interdiction, end up co-opted as another securitization/humanitarianization tool

CUESTIONES ACERCA DE LA DIGNIDAD DEL HOMBRE

El debate acerca del humanismo y la dignidad del hombre es antiguo y universal. Precisamente, uno de los rasgos fundamentales que definen al ser humano es la eterna búsqueda del sentido de esa humanidad que hace a cada hombre único en el mundo