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Rejected Asylum Seekers: The Problem of Return
Author(s) -
Noll Gregor
Publication year - 1999
Publication title -
international migration
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.681
H-Index - 64
eISSN - 1468-2435
pISSN - 0020-7985
DOI - 10.1111/1468-2435.00073
Subject(s) - refugee , enforcement , human rights , politics , political science , seekers , compliance (psychology) , developed country , law , population , law enforcement , law and economics , development economics , sociology , economics , psychology , social psychology , demography
During this decade the return of rejected asylum seekers has become an issue of increasing concern to major asylum states in the industrialized world. This article exposes the various political and legal approaches taken by returning states as well as the constraints emerging from human rights law. As a rigid control paradigm and related enforcement practices entail a considerable risk of human rights violations, it seems reasonable to focus on measures enhancing the voluntary compliance of all actors involved with norms governing return. This means negotiating a broad political consensus between returning states and countries of origin, specifying the legal framework with a view to securing the human rights of the rejectee, arranging for impartial monitoring of return practices and rendering voluntary forms of return more attractive.