Title Fundamental rights of refugees, asylum applicants and migrants at the European borders
Publisher European Union: European Agency for Fundamental Rights
Author Council of Europe (CoE) and European Union (EU)
Publication Date 2020
Topics Border controls | Border crossers | Children's rights | Entry / Exit | Non-refoulement | Refugee status determination (RSD) / Asylum procedures | Right to liberty and security | Unaccompanied / Separated children
Cite as European Union: European Agency for Fundamental Rights, Fundamental rights of refugees, asylum applicants and migrants at the European borders , 2020, available at: https://www.refworld.org/docid/5e7e3de84.html [accessed 18 May 2023]
Comments Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures. In recent weeks, states in Europe have taken measures to protect their borders to address public order, public health, or national security challenges. This note summarises some key safeguards of European law as they apply at the EU’s external borders, bearing in mind that relevant CoE instruments apply to all borders.
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