COLLECTIVE EXPULSION OF MIGRANTS AND ITS ETHICAL AND LEGAL ASPECTS IN BORDER MANAGEMENT

Abstract

This publication provides a multi-faceted approach, bringing together ethical and legal aspects of migrants’ collective expulsion that have so far been insufficiently studied. The aim of the publication is to study the phenomenon of migrants’ collective expulsion from borders, or “pushbacks”, by analysing the ethical considerations and legal effects, as well as providing practical recommendations for policy-makers and human rights defenders.
To achieve this aim, the author analyses the ethical aspects of migrants’ collective expulsion by examining human rights and humanitarian reasons, studies the legal frameworks and international conventions that govern the practice of collective expulsion, compiles precedents and court judgements that illustrate the legal effects for states and concludes with recommendations for more humane and legally compliant border management practices.
Quantitative methods, analysing data and documents, case law and precedents are used in the study. The results of the study indicate that, firstly, collective expulsion violates fundamental human rights and humanitarian principles, creating deep moral dilemmas; secondly, states that engage in collective expulsion risk violating international law, which can lead to lawsuits and sanctions; thirdly, migrants who are collectively excluded experience severe psychological and physical disruptions that have long-term effects on their well-being and generate hatred. The author concludes that there is a need to promote more humane and legally correct border management practices based on respect for human dignity and international legal standards.