<p>This paper studies the structural issues concerning possible human rights violations found in the Dublin Regulation; An EU regulation aiming to allocate a responsible member state to a third-country-nationals asylum application. It is one of the criticized legal documents within the scholarly field of human rights. Hence, this study aims to study the details of the regulation to find out the elements of the regulation that are prone to human rights violations. Asking the question: What are some details of the Dublin Regulation that could potentially result in human rights violation of the third-country nationals seeking international protection within the territory of member states? Hence, exploring the gap found between the regulation and human rights of the asylum seekers. This was done by a normative legal analysis study of the law, studying the text of the regulation, relevant human rights law, and jurisprudence from two courts of law: ECHR and ECJ. The findings of the study highlights, first, the regulation upholds only the superficial elements of human rights law. Second, the regulation assumes that every member state is a safe country. Third, there is an imbalance of responsibility on either of the two or more member states involved. These are the details of the regulation highlighted in this study that is potentially the result of possible human rights violations and the criticism of the topic. </p>
Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:mau-51952 |
Date | January 2022 |
Creators | Wan, Alhaideri |
Publisher | Malmö universitet, Fakulteten för kultur och samhälle (KS) |
Source Sets | DiVA Archive at Upsalla University |
Language | English |
Detected Language | English |
Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
Format | application/pdf |
Rights | info:eu-repo/semantics/openAccess |
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