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The Persistent, Pernicious Use of Pushbacks against Children and Adults in Search of Safety

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  • Michael Garcia Bochenek

    (Human Rights Watch, New York, NY 10118-3299, USA
    Institute for the Study of Human Rights, Columbia University, New York, NY 10027, USA)

Abstract

Border pushbacks, including at the European Union’s external borders and by countries such as Australia, Mexico, Turkey, and the United States, are common—and in fact have become a new normal. These border policing or other operations aim to prevent people from reaching, entering, or remaining in a territory. Screening for protection needs is summary or non-existent. Pushbacks violate the international prohibitions of collective expulsion and refoulement, and pushbacks of children are inconsistent with the best interests principle and other children’s rights standards. Excessive force, other ill-treatment, family separation, and other rights violations may also accompany pushback operations. Despite formidable obstacles such as weak oversight mechanisms, undue judicial deference to the executive, and official ambivalence, domestic court rulings and other initiatives show some promise in securing compliance with international standards and affording a measure of accountability.

Suggested Citation

  • Michael Garcia Bochenek, 2023. "The Persistent, Pernicious Use of Pushbacks against Children and Adults in Search of Safety," Laws, MDPI, vol. 12(3), pages 1-30, April.
  • Handle: RePEc:gam:jlawss:v:12:y:2023:i:3:p:34-:d:1130371
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    References listed on IDEAS

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    1. Francesco Fasani & Tommaso Frattini & Luigi Minale, 2021. "Lift the Ban? Initial Employment Restrictions and Refugee Labour Market Outcomes," Journal of the European Economic Association, European Economic Association, vol. 19(5), pages 2803-2854.
    2. Simin Fadaee, 2021. "The Long 2015 in Germany: Activists’ Pro-Refugee Frames and Media Counter Frames," Sociological Research Online, , vol. 26(1), pages 44-59, March.
    3. Witold Klaus, 2021. "The Porous Border Woven with Prejudices and Economic Interests. Polish Border Admission Practices in the Time of COVID-19," Social Sciences, MDPI, vol. 10(11), pages 1-13, November.
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