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18 Rutgers Race & L. Rev. 121 (2017)
The EU-Turkey Agreement: Refugees, Rights and Public Policy

handle is hein.journals/rrace18 and id is 145 raw text is: 



THE   EU-TURKEY AGREEMENT: REFUGEES, RIGHTS AND PUBLIC
POLICY
Isabel Mota Borges*


Abstract
     This  article discusses the legal framework and  the politics of
protection subjacent to the EU-Turkey Agreement: a deal that aimed to
reduce  the large-scale irregular movement of refugees  and migrants
from  or through Turkey to Greece (and their impact on the wider EU).
First, the article provides a brief overview on the  background  and
objectives of the EU-Turkey agreement.  Secondly, it reviews the legal
considerations, based on international and European refugee and human
rights law that are relevant for the return and readmission of persons in
need  of international protection from Greece  to  Turkey  under the
agreement  with  a particular focus on  Syrians. Finally, the article
outlines some of the politics of protection and those which surround the
pact, which allows human  rights of refugees not to be side-lined per se,
but rather instrumentalized for the political and economic gain of both
the European Union  and Turkey.


Introduction
     The United  Nations High  Commissioner  for Refugees (UNHCR)
latest Global Trends  report notes that at the end of last year the
number   of  people   forcibly displaced  by   persecution, conflict,
generalised violence and human  rights violations (refugees, internally
displaced persons, asylum  seekers and stateless individuals) stood at
approximately  65.3  million:  21.3 million  refugees; 40.8  million
internally displaced persons  and  3.2 million asylum   seekers.' To
complete the picture with more shocking facts, the world is witnessing
one of the highest level of humanitarian needs since World War II and
experiencing a human  catastrophe on a titanic scale with 125 million
humans  in dire need for assistance and 218 million people affected by

*Adjunct Associate Professor, Department of Law and Governance, BI Norwegian Business
School, Email: isabel.m.borges@bi.no; Lawyer - Senior Advisor and Human Rights
Coordinator; Ph.D. Law University of Oslo; LL.M. University of Kent; Licenciatura
University of Coimbra.
   UNHCR, GLOBAL TRENDS: FORCED DISPLACEMENT IN 2015 2 (2016).
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