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Wiley InterScience

International Migration

International Migration

Volume 37 Issue 1, Pages 267 - 288

Published Online: 16 Dec 2002

Journal compilation © 2010 International Organization for Migration



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Rejected Asylum Seekers: The Problem of Return
Gregor Noll
  1 Faculty of Law, University of Lund, Sweden

ABSTRACT

During this decade the return of rejected asylum seekers has become an issue of increasing concern to major asylum states in the industrialized world. This article exposes the various political and legal approaches taken by returning states as well as the constraints emerging from human rights law.

As a rigid control paradigm and related enforcement practices entail a considerable risk of human rights violations, it seems reasonable to focus on measures enhancing the voluntary compliance of all actors involved with norms governing return.

This means negotiating a broad political consensus between returning states and countries of origin, specifying the legal framework with a view to securing the human rights of the rejectee, arranging for impartial monitoring of return practices and rendering voluntary forms of return more attractive.


DIGITAL OBJECT IDENTIFIER (DOI)
10.1111/1468-2435.00073 About DOI

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