The Legal and Moral Dilemma regarding Human Security of North-African boat-migrants entering the EU territory through Italy

Detta är en Magister-uppsats från Lunds universitet/Rättssociologiska institutionen

Sammanfattning: Migration has always occurred throughout human history although in different shapes and for different motives. The reasons to why people choose to migrate are due to bad or inexistent: economic, environmental, health, food, personal, community and political securities. All together, these securities go under the concept of human security. This concept is beset with a broad perspective, focusing on all individuals as human right-holders independently on geographical and sovereign State borders. In current time, third-country irregular boat-migration from North-Africa to the coast-lines of Italy, is a huge challenge for Italy and the European Union (EU). Italy and the other EU member States are all bound to oblige to the Charter of the Fundamental Rights in the EU, which clearly states that human security/rights are to be guaranteed also to non-EU residents. At the same time, however, each single member state has its own national migration law. Therefore, due to the legal pluralism that is ruling in Italy regarding the treatment of migrants, the existing legal and moral reality can differ in practice. I will conduct an implementation study and I will use a qualitative strategy. The research material will be analyzed through a descriptive textual analysis method and an empirical case study on Italy. My study is focusing on how Italy, and in a second step, the EU are dealing with the dilemma of the legal and moral treatment of these illegal boat-migrants.

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