The EU and Turkey statement - Lösning på flyktingkrisen eller i strid med non-refoulementprincipen?
Sammanfattning: The protection of non-refoulement principle is expressed in the Refugee Convention, the Torture Convention and the ECHR. The Principle statutes protection of refugees to not be returned to a country where their human rights are at risk of being impaired. The civil war in Syria has generated that more people than ever are fleeing around the world for protection. A majority have fled to neighbouring countries for refuge, including Turkey. From Turkey many travel further to Greece and then across the Mediterranean by boats with the help of smugglers. The smugglers are taking large amounts of money in exchange for travels which has cost many lives. To counter the illegal market, the EU and Turkey reached a statement which regulates that each Syrian travelling illegally from Turkey to Greece is to be returned to Turkey. In exchange, each Syrian who have come legally to Turkey will be given a place in Europe. The basis in international law is that states are free to agree on what they want in accordance with their sovereignty. However, imperative rights are not optional. The principle of non-refoulement is an absolute agreement which means that agreements contrary to it is invalid. The cooperation between the EU and Turkey has been criticized by many human rights organizations that states that the agreement is contrary to the principle of non-refoulement. The reason is that Turkey is not a safe country to be returned to. In the judgment M.S.S. v Belgium and Greece, the European Court stated that human rights organizations' statements should be accorded great importance. In addition to their statements, a state must examine the person's individual circumstances and clarify that there is no risk that their human rights get violated in the recipient state. The conclusion is that the cooperation between Turkey and the EU violate the principle of non-refoulement. The application of the cooperation results in deportation of refugees to Turkey, which is a state who can not be considered as safe.
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