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The Borders of PunishmentMigration, Citizenship, and Social Exclusion$
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Katja Franko Aas and Mary Bosworth

Print publication date: 2013

Print ISBN-13: 9780199669394

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199669394.001.0001

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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: 26 October 2021

The Troublesome Intersections of Refugee Law and Criminal Law

The Troublesome Intersections of Refugee Law and Criminal Law

(p.76) 4 The Troublesome Intersections of Refugee Law and Criminal Law
The Borders of Punishment

Catherine Dauvergne

Oxford University Press

This chapter examines the impact of the recent expansion of criminal law within refugee law. It suggests that misguided concern about the criminality of refugees has led to a much greater ambit for criminal law within refugee jurisprudence. This infusion of criminal concern goes against the original human rights focus of refugee law. It is particularly harmful to the rights interests of asylum seekers because it is unconstrained by the ‘rights of the accused’ context.

Keywords:   criminal law, refugee law, jurisprudence, asylum seekers, human rights

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