Refugees and European human rights law: Expelled from Humanity

"The decision of the European Court of Human Rights in M.N. and Others v. Belgium will undoubtedly further propel the debate on the scope of extraterritorial state jurisdiction. More importantly, however, it reveals the necessity of addressing the systemic exclusion of refugees from the international legal order."


Expelled from Humanity (Verfassungsblog, link)

"...the Court’s choice to not ‘shake up the European asylum system’ does not come as a surprise.. [but it] gives new impetus to a conversation around the significance of the concept of jurisdiction and its interrelationship with the international political order.

...with its decision to disallow the application of the Convention to visa procedures, the Court not only disappointed those who see it as an unwavering defender of human rights. More importantly, it laid bare the naivety of believing in the universality of human rights in a world of disintegrating nation-states – in 1939 as well as in 2020. Let us thus take the Court’s decision as an opportunity to advance a conversation about overcoming the systemic exclusion of refugees from the international order."

ECtHR press release: The European Convention on Human Rights does not apply to visa applications submitted to embassies and consulates (pdf) and: Judgment (pdf)

 

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