How do refugees’ rights challenge border policies?

Refugees' rights challenge border policies by asserting the human right to seek asylum and protection from persecution.

The 1951 Refugee Convention, to which 145 countries are signatories, recognises the right of persons to seek asylum from persecution in other countries. This international law challenges the sovereignty of states to control their borders as it obliges them to provide protection to refugees, regardless of their immigration status. This can create tension between a state's desire to manage its borders and its international obligations to protect refugees.

The principle of non-refoulement, a cornerstone of international refugee law, prohibits states from returning refugees to a country where they face serious threats to their life or freedom. This principle challenges border policies that aim to deter irregular migration, such as detention, deportation, or push-back operations. For instance, the European Union's policy of intercepting and returning migrants crossing the Mediterranean has been criticised for violating the principle of non-refoulement.

Furthermore, the right to seek asylum challenges policies that restrict access to asylum procedures. Many countries have implemented measures such as visa requirements, carrier sanctions, and safe third country agreements to prevent asylum seekers from reaching their territory. However, these measures can infringe upon the right to seek asylum by making it practically impossible for refugees to lodge an asylum claim.

The rights of refugees also challenge the use of detention as a tool for border control. Detention can be used to deter irregular migration, to facilitate deportation, or to verify the identity of asylum seekers. However, the detention of asylum seekers can violate their rights to liberty and freedom from arbitrary detention. The UN Refugee Agency has stated that detention should be a measure of last resort and that alternatives to detention should be considered.

In conclusion, refugees' rights challenge border policies by asserting the human right to seek asylum and protection from persecution. This can create tension between a state's desire to manage its borders and its international obligations to protect refugees. The principle of non-refoulement, the right to seek asylum, and the rights to liberty and freedom from arbitrary detention are all ways in which refugees' rights challenge border policies.