Tesi etd-07032023-130835
Link copiato negli appunti
Tipo di tesi
Dottorato
Autore
SCISSA, CHIARA
URN
etd-07032023-130835
Titolo
Rethinking international refugee law and EU asylum law to protect against disaster displacement.
Moving from the causes of flight to standards of underlying harm.
Settore scientifico disciplinare
IUS/08
Corso di studi
Istituto di Diritto, Politica e Sviluppo - PHD IN DIRITTO
Commissione
relatore Prof.ssa BIONDI, FRANCESCA
Membro Prof.ssa ZIECK, MARJOLEINE
Membro Prof. CANTOR, David
Membro Prof.ssa CAPONE, FRANCESCA
Membro Prof.ssa ZIECK, MARJOLEINE
Membro Prof. CANTOR, David
Membro Prof.ssa CAPONE, FRANCESCA
Parole chiave
- asylum
- climate change
- dignity
- human rights
- protection
- vulnerability
Data inizio appello
15/12/2023;
Disponibilità
parziale
Riassunto analitico
The research question at the core of this work concerns the way in which an alternative approach to international refugee law and EU asylum law could contribute to addressing current protection gaps and misconceptions in the context of disaster displacement. The reason for the development and application of an alternative approach to protection is motivated by the undisputed tenets that have been characterizing international refugee law and EU asylum law for almost a century, which have constrained their universal purpose to pre-determined causes of “persecution” or serious harm and fixed categories of people fitting in such rigid classifications. The aim is to rethink international refugee law and EU asylum law, in a way which is compliant with the general rules of treaty interpretation, in order for them to be responsive to current challenges and adequately protect people in need of international protection, including those displaced by disasters.
Accordingly, it is submitted that protection should be provided on the basis of the (risk of) harm felt or potentially felt upon return, rather than on the basis of the contingent causes that have generated it. Instead of wondering why a person has left their country, the alternative approach asks what repercussions they have encountered. In other words, emphasis should be placed on what has been denied (human dignity, human rights, integrity etc), bearing in mind the wider social context in which the person is situated, rather than on the contingent factors of such a denial.
Situational vulnerability, as conceived in feminist philosophy studies, and human dignity are the methodological lenses through which refugee law and disaster displacement are read throughout this work and constitute grounding elements of the alternative approach. More concretely, this research develops three sets of indicators of underlying harm that could give rise to a need for refugee protection (well-founded fear of being persecuted), or complementary protection stemming from non-refoulement obligations (prohibition of torture, inhuman and degrading treatment; and life with dignity). These indicators are then applied to the specific context of disaster displacement and interpreted in light of situational vulnerability and human dignity.
The exercise corroborates that (the risk of) harm characterizing disaster displacement is in certain cases comparable to that characterizing recognized international protection holders. In turn, this confirms the need to urgently rethink international refugee law and EU asylum law so to ensure adequate protection in compliance with their universal purpose.
Accordingly, it is submitted that protection should be provided on the basis of the (risk of) harm felt or potentially felt upon return, rather than on the basis of the contingent causes that have generated it. Instead of wondering why a person has left their country, the alternative approach asks what repercussions they have encountered. In other words, emphasis should be placed on what has been denied (human dignity, human rights, integrity etc), bearing in mind the wider social context in which the person is situated, rather than on the contingent factors of such a denial.
Situational vulnerability, as conceived in feminist philosophy studies, and human dignity are the methodological lenses through which refugee law and disaster displacement are read throughout this work and constitute grounding elements of the alternative approach. More concretely, this research develops three sets of indicators of underlying harm that could give rise to a need for refugee protection (well-founded fear of being persecuted), or complementary protection stemming from non-refoulement obligations (prohibition of torture, inhuman and degrading treatment; and life with dignity). These indicators are then applied to the specific context of disaster displacement and interpreted in light of situational vulnerability and human dignity.
The exercise corroborates that (the risk of) harm characterizing disaster displacement is in certain cases comparable to that characterizing recognized international protection holders. In turn, this confirms the need to urgently rethink international refugee law and EU asylum law so to ensure adequate protection in compliance with their universal purpose.
File
| Nome file | Dimensione |
|---|---|
Ci sono 1 file riservati su richiesta dell'autore. |
|