IDEAS home Printed from https://ideas.repec.org/a/gam/jlawss/v12y2023i3p34-d1130371.html
   My bibliography  Save this article

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

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2075-471X/12/3/34/pdf
    Download Restriction: no

    File URL: https://www.mdpi.com/2075-471X/12/3/34/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    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. 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.
    3. 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.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Aksoy, Cevat Giray & Poutvaara, Panu & Schikora, Felicitas, 2023. "First time around: Local conditions and multi-dimensional integration of refugees," Journal of Urban Economics, Elsevier, vol. 137(C).
    2. Paolo Pinotti, 2020. "The Effect of Immigrant Legalization on Crime," CESifo Forum, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 21(04), pages 19-22, November.
    3. Berbée, Paul & Brücker, Herbert & Garloff, Alfred & Sommerfeld, Katrin, 2022. "The labor demand effects of refugee immigration: Evidence from a natural experiment," ZEW Discussion Papers 22-069, ZEW - Leibniz Centre for European Economic Research.
    4. Müller, Tobias & Pannatier, Pia & Viarengo, Martina, 2023. "Labor market integration, local conditions and inequalities: Evidence from refugees in Switzerland," World Development, Elsevier, vol. 170(C).
    5. Jacob Nielsen Arendt & Christian Dustmann & Hyejin Ku, 2022. "Refugee migration and the labour market: lessons from 40 years of post-arrival policies in Denmark," Oxford Review of Economic Policy, Oxford University Press and Oxford Review of Economic Policy Limited, vol. 38(3), pages 531-556.
    6. Oussama Ben Atta & Isabelle Chort & Jean-Noël Senne, 2022. "Immigration, integration, and the informal economy in OECD countries," Working papers of Transitions Energétiques et Environnementales (TREE) hal-03822494, HAL.
    7. Matilda Kilström & Birthe Larsen & Elisabet Olme, 2023. "Temporary refugee protection and labor-market outcomes," Empirical Economics, Springer, vol. 65(4), pages 1895-1929, October.
    8. Kubiciel-Lodzińska Sabina & Solga Brygida, 2023. "The Challenges of Integrating Ukrainian Economic Migrants and Refugees in Poland," Intereconomics: Review of European Economic Policy, Sciendo, vol. 58(6), pages 326-332, December.
    9. Michael A Clemens, 2022. "The economic and fiscal effects on the United States from reduced numbers of refugees and asylum seekers," Oxford Review of Economic Policy, Oxford University Press and Oxford Review of Economic Policy Limited, vol. 38(3), pages 449-486.
    10. Fasani, Francesco & Frattini, Tommaso & Pirot, Maxime, 2023. "From Refugees to Citizens: Labor Market Returns to Naturalization," CEPR Discussion Papers 18675, C.E.P.R. Discussion Papers.
    11. Claudio Deiana & Ludovica Giua & Roberto Nisticò, "undated". "Legalization and Long-Term Outcomes of Immigrant Workers," Development Working Papers 480, Centro Studi Luca d'Agliano, University of Milano.
    12. Paul Berbée & Jan Stuhler, 2023. "The Integration of Migrants in the German Labor Market: Evidence over 50 Years," RF Berlin - CReAM Discussion Paper Series 2315, Rockwool Foundation Berlin (RF Berlin) - Centre for Research and Analysis of Migration (CReAM).
    13. Daniel Auer & Michaela Slotwinski & Achim Ahrens & Dominik Hangartner & Selina Kurer & Stefanie Kurt & Alois Stutzer, 2024. "Social Assistance and Refugee Crime," CESifo Working Paper Series 11051, CESifo.
    14. Bohnet, Lara & Peralta, Susana & Pereira dos Santos, João, 2022. "Cousins from Overseas: The Labour Market Impact of a Major Forced Return Migration Shock," IZA Discussion Papers 15595, Institute of Labor Economics (IZA).
    15. Hatton, Timothy J., 2021. "Asylum Recognition Rates in Europe: Persecution, Policies and Performance," IZA Discussion Papers 14840, Institute of Labor Economics (IZA).
    16. Jan Fidrmuc & Maksym Obrizan & Piotr Stanek, 2024. "Violence and Socio-Economic Outcomes of Ukrainian Refugees in Poland," CESifo Working Paper Series 11393, CESifo.
    17. Albarosa, Emanuele & Elsner, Benjamin, 2023. "Forced Migration and Social Cohesion: Evidence from the 2015/16 Mass Inflow in Germany," IZA Discussion Papers 15850, Institute of Labor Economics (IZA).
    18. Dahlberg, Matz & Egebark, Johan & Vikman, Ulrika, 2023. "Long-run integration of refugees: RCT evidence from a Swedish early intervention program," Working Paper Series 2023:23, IFAU - Institute for Evaluation of Labour Market and Education Policy.
    19. Hatton, Timothy J., 2023. "Asylum recognition rates in Europe: Policies and performance," European Journal of Political Economy, Elsevier, vol. 76(C).
    20. Emanuele Albarosa & Benjamin Elsner, 2023. "Forced Migration and Social Cohesion: Evidence from the 2015/16 Mass Inflow in Germany," SOEPpapers on Multidisciplinary Panel Data Research 1183, DIW Berlin, The German Socio-Economic Panel (SOEP).

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jlawss:v:12:y:2023:i:3:p:34-:d:1130371. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.