The protection of human rights and fundamental freedoms is a moral stance shared by a significant part of our global society. In the European culture and thought, human rights have a long tradition: the notion of inalienable rights was conceived by the European enlightenment, shaped by the French revolution and first officially adopted by the Universal Declaration of Human rights by the United Nations in Paris, 1948. Since its foundation, human rights have always been a core principle of the European Union, expressed by documents such as the Charter of Fundamental Rights of the European Union (2000). The Treaty of Lisbon in 2009 has guaranteed the enforcement of the Charter of Fundamental Rights including six major categories: the right to dignity, freedom, equality, solidarity, citizenship and justice. In addition to the rights proclaimed in the European Human Rights Convention, it also addresses a number of issues from bioethics to data protection while reasserting important measures against discrimination based on gender, race and colour. The European Union as an international actor seeks to become a pioneer of human rights protection – unfortunately however, there are a number of issues it has so far failed to address in this regard.
According to the 2013 Annual Report by the human rights NGO Amnesty International, human rights violations occur in several European countries. A particularly controversial area of policy making concerns the treatment of illegal immigrants and asylum seekers in countries like Greece, Italy or Bulgaria. The ill-treatment of people trying to enter at the Southern borders of “Fortress Europe” has resulted in the distress and (unintended) death of many due to the unjustifiably violent or neglectfu...
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• Charter of Fundamental Rights of the European Union. (2000) [online] Available from: < http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0389:0403:en:PDF> [Accessed: 10. 03. 2014]
• Frontex (2013) Annual risk analysis 2013. [Online] Available from: [Accessed: 10. 03. 2014]
• Human Rights Watch (2011) The EU’s Dirty Hands: Frontex Involvement in Ill-treatment of Migrant Detainees in Greece. [Online] Available from: [Accessed: 10. 03. 2014]
• Paulauskas, S. (2013) Bulgarian anti-immigrant fence. [online] Cafebabel. Available from: [Accessed: 10. 03. 2014]
European convention on Human Rights and Fundamental Freedoms 1950- This is the European file connecting to human rights; in European Union this is signed by every government as well as the UK. This has been made to protect the human rights and how it’s made is that it helps for the important freedoms in the European countries.
Since the Renaissance of the 15th century, societal views have evolved drastically. One of the largest changes has been the realization of individualism, along with the recognition of inalienable human rights.(UDHR, A.1) This means that all humans are equal, free, and capable of thought; as such, the rights of one individual cannot infringe on another’s at risk of de-humanizing the infringed upon. The fact that humans have a set of natural rights is not contested in society today; the idea of human rights is a societal construction based on normative ethical codes. Human rights are defined from the hegemonic standpoint, using normative ethical values and their application to the interactions of individuals with each other and state bodies. Human rights laws are legislature put in place by the governing body to regulate these interactions.
Article 14 of the UN Universal Declaration of Human Rights states that “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” An unfortunate truth that remains in the 21st century is that some do not feel protected or safe in their country. In such situations, one seeks asylum in foreign nations. While some welcome asylum seekers with open arms, others are view the concept as a violation of sovereignty.
Boed, R. (1994). The state of the right of asylum in international law. Duke Journal of Comparative & International Law, 5(1). Retrieved from http://scholarship.law.duke.edu/djcil/vol5/iss1/1
Without a doubt, the European continent has been through a lot over the last few decades. From World War 2, to the iron grip of Soviet Russia on half of the continent, many problems have arisen and been dealt with. Unfortunately, Europe has had a rough few years when it comes to the somewhat newer issue of immigration and immigrant groups. While some countries have managed immigration better than others, nations such as France and Italy have had their fair share of problems and continue to pass legislation that is flawed and draws criticism from other countries. The issue has gotten better in recent years, and various European countries have made great progress towards their immigration policies. In addition, various ethnic groups have been the target of government profiling and discrimination. Most notably the Romani people, who have faced discrimination for hundreds of years and continue to do so at the hands of various Eastern and Western European governments. The many setbacks and gains towards immigration are more clearly visible when looked at on a case-by-case basis, such as the individual policies of Italy, France, and the European Union as a whole.
Prof. Jeffrey A. Brauch, The Margin of Appreciation and the Jurisprudence of the European Court of Human Rights: Threat to the rule of law, Vol.11, Columbia Journal of European Law (2004-2005)
Last year, Eritreans formed the second largest group of migrants to Europe, after Syrians. These meager migrants feared their harsh dictatorship, which imprisoned anyone who breathed a word of dissent or tried to migrate. Bayin Keflemeka, an Eritrean nurse, explains the penalty many Eritreans will face if they are deported back to their country. “Eritrea is a total dictatorship. They can put us in prison for unlimited years. If we go back, we will die” (Kingsley). Europe has always been in the eyes of many Eritreans, where a wide variety of parliamentary governments represent and dedicate their attention to the will of the people. Although torture, execution, forced labor, or imprisonment may be frightening, Eritreans are willing to risk migration with the hopes of eluding a tyrannical
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended) (ECHR), Art 5(1)(e)
It is evident current domestic law in regards to the treatment of refugees provides a leeway of extensive financial burden and most importantly inhumane treatment of detainees. It is questionable however, whether Australia is able to achieve justice for detainees by breaking its domestic law and reforming its priority towards the United Nations Convention Relating to the status of refugees the country is signatory of. Australia has statistically implanted just 10 per cent of the 145 recommendation it has accepted under the United Nations Convention Relating to the status of refugees. It is arguably acknowledged by surrounding nations, by furthering Australia’s refugee treatment on the basis of international law detainees will be off subject to less inhumane practices. It is further evident by breaking Australia’s domestic law with the relevant issue, children and refugees will be subject to subdued environments ultimately altering their physical and mental stress. Public pressure is deemed as a vital tool in order to reform policies and procedures. Nora Hannagan argues that society as a collective and individuals within it must take responsibility for the harms which result from
Human rights are universal and applicable to everyone no matter their cultural distinctions. The concept of human rights has been cultivated and molded for centuries. Various cultures such as Greece, Britain, and Rome have in their history all had a form of human rights within their ideologies and laws. It was not until World War II that international human rights were determined as law. Traditional legal theory focuses are reason and rationale based. Law is viewed as “application of formulated rules to established facts yielding decisions (Morris, 1958, pg. 148).” Sociologist Catherine Lane West-Newman (2005) in Feeling for Justice? Rights, Laws, and Cultural Context explores the absence of emotions and feelings within our current legal
In recent months, the asylum seeker crisis has intensified, bringing the treatment of asylum seekers, particularly in offshore detention centers forward. While it is fantastic, that Australia has offered to take 12,000 refugees who are fleeing conflict in Iraq, it is a concern that it appears in doing so; many human rights have been overlooked. In August this year, a cache of documents was leaked from Australia’s offshore detention centers documenting details of assaults, sexual assault, trauma, self-harm and inadequate living conditions between 2013 and 2015.
The EU Charter of Fundamental Rights is a document which brings together all of the Fundamental Human Rights together in one, single document. Before the inception of EU Charter of Fundamental Rights, the member states of the European Union had many conflicting opinions on what exactly a human right entailed, therefore the need for a single, codified document outlaying the basic Fundamental Human Rights was great. The Charter was issued in 2000 and at this time, according to Jesse Norman, The Parliamentary Undersecretary of State for Industry and Energy, ‘The charter was then described as a ‘solemn proclamation’ and was designed to strengthen the EU’S political legitimacy, containing rights and freedoms as well as strengthening the rights of
To a sovereign nation, the current treatment of asylum seekers may seem lawful as they are exercising their rights. Internationally, however, the procedures and execution of how Australia handle their asylum seeker ‘problem’ conflicts greatly with International law and treaties, to which they were ratified. As a result, Australia is left in a political and lawful bind between the complexities and intricate nature of the United Nations and Australian Government laws and legislation. Whilst the United Nations claim Australia is violating a multitude of their International Conventions, such as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the 1951 United Nations Refugee Convention.
Between January and November of this year more than 750,000 migrants have been estimated crossing into the EU’s borders compared to only 280,000 in the whole year during 2014 (www.bbc.com). This influx of refugees and asylum seekers from the Middle East has become a heavy burden for European Union policy makers. Many state leaders have opposing viewpoints and varying solutions to the crisis that is plaguing their region and as a result there has been little to no actions taken to solve this ever growing problem. This crisis should serve as prime example of global cooperation, and it should highlight the ability to come together internationally and deal with important problems that affect all individuals. The solution of the refugee crisis will
Globalisation has increased modern technology all over the world enabling more people, such as globally separated families, to maintain contact. Increased media coverage also draws the attention of the world to human rights violation which can lead to an improvement in human rights. This is not a reflection of all marginalised groups. In Australia, the detention of unaccompanied asylum seeking children (UASC) contravenes the United Convention on the Rights of the Child (UNCRC), however the media are prohibited to enter detention centres and report on this issue (Cemlyn and Briskman, 2003).