Protecting the rights of refugees, from North Africa to Europe. An analysis of legal policies and laws implemented towards refugees effective protection

Abstract

European refugee protection system operates under international, regional, and national legal frameworks, including the 1951 Refugee Convention, the Common European Asylum System (CEAS), and the Dublin Regulation. However, despite the existence of these legal instruments, the implementation of refugee rights in Europe remains inconsistent, undermined by policy failures, externalized border control, and the criminalization of migration. This study critically analyzes the challenges of refugee protection in Europe, focusing on the unequal distribution of asylum responsibilities, the impact of border externalization policies, and human rights violations faced by refugees. The research findings reveal systemic failures in applying international refugee law, particularly the principle of non-refoulement, which is frequently violated through pushbacks, forced detention, and offshore asylum processing agreements. The Dublin III Regulation has resulted in a disproportionate burden on frontline states such as Italy, Greece, and Spain, leading to overcrowded refugee camps, delays in asylum processing, and inhumane living conditions. Meanwhile, wealthier Northern and Western European countries have restricted their asylum intake through border closures and strict migration policies. Additionally, the externalization of migration control, through EU cooperation agreements with Libya and Turkey, has subjected refugees to arbitrary detention, torture, forced labor, and trafficking in transit countries. The criminalization of humanitarian aid and search-and-rescue operations has further exacerbated the humanitarian crisis, leading to increased fatalities in the Mediterranean Sea. This research makes a significant contribution to refugee studies and the international asylum law by offering a legal and policy-based critique of EU migration governance and its inconsistencies with international legal obligations. By analyzing empirical evidence from human rights organizations, legal case law, and EU reports, the study highlights the erosion of refugee rights, the failure of responsibility-sharing, and the long-term effects of restrictive asylum policies on refugee integration. It advocates for urgent legal and policy reforms, including the revision of the Dublin Regulation, the termination of externalization agreements, the reinforcement of search-and-rescue operations, and the expansion of safe and legal migration pathways. These reforms are necessary to ensure a more equitable, humane, and rights-based approach to refugee protection in Europe.