University of Twente Student Theses

Login

Possible tensions between the protection of borders and human rights in the legal foundations of the external border agencies of the European Union and Australia

Jenne, Nicola Alexandra (2013) Possible tensions between the protection of borders and human rights in the legal foundations of the external border agencies of the European Union and Australia.

[img] PDF
1MB
Abstract:The purpose of this research is to investigate whether there are conflictual areas in the legal backgrounds of external border agencies, specifically between the areas ‘human rights of unlawful immigrants’ and ‘control and surveillance’. ‘Unlawful immigrants’, or also referred to as ‘illegalized travellers’ by Weber and Pickering (2012: 4) are people aiming at auricularly entering another but their home country for safety or economic reasons. Here, at these external borders specific external border agencies operate for detecting them in order to ensure national safety. This Master thesis aims at assessing the legislations of the Australian and EU external border agencies; namely Australian Border Protection Command and Frontex in order to find any ambiguities within their legal foundations between the areas ‘human rights of unlawful immigrants’ and ‘surveillance and control’. The inquiry is of qualitative nature and a Grounded Theory Approach is used in order establish empirical findings of themes, categories, and related issues in the documents that constitute the legal foundations of the external border agencies of the EU and Australia. While scholars have dealt with the negative impact of protection of refugee as a consequence of the securitization of the external borders of the European Union and Australia is a very current topic that has been assessed from many points of view, such as human rights organizations, scholars or media, the legal foundations of external border agencies have not been dealt with to a great extent Although it has been expected that no conflict within the legislations are apparent as laws are carefully and explicitly worded by the state, who is the ‘lawmakers’ in the analysis it was found out that a conflicutal area within the legislations between ‘human rights of unlawful immigrants’ in Australia exists. Within the founding legislations of the Union’s agency Frontex such a conflict has not been found.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:86 law
Programme:European Studies BSc (56627)
Link to this item:http://purl.utwente.nl/essays/63062
Export this item as:BibTeX
EndNote
HTML Citation
Reference Manager

 

Repository Staff Only: item control page