DTA

Dottorato

GALICZ, KAMILLA ZSUZSANNA

etd-09272024-092133

health, fundamental rights and the moving boundaries of asylum: an emerging dialogue in Europe (?)

IUS/08

Istituto di Diritto, Politica e Sviluppo - PHD IN DIRITTO

relatore Prof.ssa BIONDI, FRANCESCA
Membro Prof. OBERLEITNER, GERD
Membro Prof.ssa MORENO-LAX, VIOLETA
Presidente Prof. MARTINICO, GIUSEPPE

• Nessuna parola chiave trovata

25/06/2025;

parziale

This thesis aims to identify health issues, framed as fundamental rights matters, that may be relevant for granting asylum, and in this respect, the role of dialogue among courts and non-judicial monitoring bodies in Europe. To this end, it conducts a doctrinal legal research with additional interdisciplinary insights into medical sciences, psychology and philosophy. This thesis selects the law of the European Union as the main legal order of reference, analysed in relation to international refugee law, international and regional human rights law, as well as national constitutional law. The research conceptualises asylum as a ‘composite’ right departing from Article 18 of the EU Charter embedded in the broader context of Europe’s fundamental rights protection, acknowledging that the EU right to asylum cannot be properly assessed without looking at other protection spheres, especially the non-refoulement mechanisms under the European Convention on Human Rights as interpreted by the European Court of Human Rights, other human rights treaties, as well as their impact on EU law. With a similar approach, the thesis widens its scope of analysis to national protection forms.
This thesis decouples the EU right to asylum into its components with a three-fold approach: first, by systematically outlining the relevant legal framework of EU migration and asylum law with a focus on health-related provisions; second, by providing for an integrated analysis of the relevant case law of European Courts and human rights TMBs; third, by critically assessing the state of the art and putting forward some suggestions of improvement. Throughout the Chapters, this research argues for opening the rights-based approach from the prohibition of torture and other forms of ill-treatment to other fundamental rights, e.g. the right to life, the right to health, the right to respect for private and family life, that may inform the jurisprudence on health and asylum. Accordingly, it proposes to deploy the EU Charter as a ‘protection compass’ in the migration and asylum field. The thesis is divided into seven chapters. Chapter I provides for the conceptual framework, while Chapters II-VII are organised in two Parts on health and non-refoulement, and health and international protection.
Specifically, Chapter I outlines the conceptual framework of this research, based on three pillars: the arena of Europe’s fundamental rights protection, its main actors and the object, i.e. health. Within Part I on health and non-refoulement, Chapter II conceptualises protection from refoulement on health grounds. Chapter III aims to explore the role of health in the Dublin system, i.e. in the determination of the Member State responsible for the examination of the international protection claim. Chapter IV broadens the scope of analysis to protection from refoulement on health grounds in International Human Rights Law. Within Part II on health and international protection, Chapter V focuses on the added value of health rights to conceptualise access to asylum in terms of access to the status determination procedure and to reception conditions. Chapter VI seeks to identify the conditions upon which health issues may justify the recognition of refugee status or subsidiary protection in the case law of the EU Court of Justice and Member State courts. Chapter VII analyses health issues and national protection forms based on the Italian case study.

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