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The Human Rights of Migrants and Refugees in European Law$
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Cathryn Costello

Print publication date: 2015

Print ISBN-13: 9780199644742

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780199644742.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 September 2021

Access to Protection

Access to Protection

(p.231) 6 Access to Protection
The Human Rights of Migrants and Refugees in European Law

Cathryn Costello

Oxford University Press

This chapter explores issues of access to protection. Refugee protection depends, in practice, on access to a place of refuge. Border controls have been extended and intensified, so that safe access to asylum for refugees is often unavailable. This chapter explores how measures which hinder access to asylum have been challenged under human rights law, including how the EU’s Dublin System allocating responsibility for asylum claims between Member States has been constrained by human rights norms. The ECtHR has developed its concept of jurisdiction in a manner apt to subject some extraterritorial border measures to legal scrutiny, and has also placed a break on transfers of asylum seekers under the Dublin System. The chapter explores various points of friction between EU law and the ECHR, including in the CJEU’s Dublin case law.

Keywords:   access to refugee protection, border controls, extraterritoriality, EU Dublin System, ECtHR, jurisdiction, human smuggling, carrier sanctions

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