81010536

open access

Version of Record

ダブリン規則と欧州人権条約上の送還国の義務

The Dublin Regulation and the Obligations of Deporting States under European Convention on Human Rights

Japanese (日本語)

六甲台論集. 国際協力研究編

19

1-21

神戸大学大学院国際協力研究科

2018

2018-10-09

In recent several cases, European Court of Human Rights (ECtHR) has found violations of the right to freedom from torture or inhuman or degrading treatment and the right to effective remedy in deportation cases of asylum seekers from a European State to another European State in accordance with the Dublin Regulation. Is the community law to facilitate the common asylum policy of Europe in conflict with the human rights norms? In addition, how is the Dublin Regulation evaluated in relation to the reality surrounding the forced migration flow towards Europe, specifically the Dublin area? This article considers the contents of obligations under Article 3 and 13 of European Convention on Human Rights (ECHR) in implementation of the Dublin Regulation and analyses the relation between these two norms. After setting backgrounds, this article explains the contents and features of the two norms. The following section analyses 4 cases, namely M.S.S. v Greece and Belgium, Sharifi and others v Italy and Greece, Tarakhel v Switzerland and V.M. and others v Belgium, before ECtHR in order to clarify the obligations under the human rights norm. Thereafter, this article considers the relation between the Dublin Regulation and obligations under ECHR. I finally conclude the whole discussion on the Dublin regulation and the obligations of deporting States under ECHR with pointing out the lack of consideration on human rights protection in the policy-making.

紀要論文