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

Michael Garcia Bochenek ()
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Michael Garcia Bochenek: Human Rights Watch, New York, NY 10118-3299, USA

Laws, 2023, vol. 12, issue 3, 1-30

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.

Keywords: asylum; migration; refugees; unaccompanied children; pushbacks; refoulement; collective expulsion; family separation; rule of law; European Court of Human Rights; Court of Justice of the EU (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2023
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