The Limits of Indirect Deterrence of Asylum Seekers

oleh: Thomas Gammeltoft-Hansen, Mikael Rask Madsen, Henrik Palmer Olsen

Format: Article
Diterbitkan: Max Steinbeis Verfassungsblog GmbH

Deskripsi

<p>The ECtHR judgment M.A. v. Denmark is significant for several reasons. Firstly, because it adds to an already growing international criticism of Denmark’s asylum and immigration policy. Secondly, because the judgment helps clarify the Court’s position on an issue, family reunification for refugees, where case law has hitherto been somewhat ambiguous, and where several European States have introduced new restrictions since 2015. Third, and finally, the judgment represents – to paraphrase Harold Koh &#8211; another “way station…in the complex enforcement” of migrant and refugee rights by international human rights institutions.</p>