FRONTEX e os Direitos dos Refugiados no Mar Mediterrâneo

Abstract

This monographic essay seeks to draw a parallel between the rights of refugees in the Mediterranean Sea and the role of the European Community in this area, in particular the European Union border control agency FRONTEX, investigating the European position from the prevention of the entry of migrants, to the accountability for human rights violations. The worrying rates of deaths, shipwrecks and disappearances of migrants coupled with reports of serious violations of rights demonstrate the need for a critical analysis of the treatment received by refugees seeking asylum on the European continent. Through a qualitative research, with a bibliographical review in the area of International Law and addressing the important international treaties and conventions that shelter refugees, a consistent study is being carried out on the rights of these individuals, the right to apply for asylum until access to the justice in the face of violations. In view of the above, a European priority in the protection of borders can be seen to the detriment of refugee protection, which is often the result of forced returns to places where there is a risk of violence or persecution or exposition to degrading and inhuman treatment. It is also concluded that there is a great need for transparency regarding FRONTEX's operations in the Mediterranean Sea, for the proper investigation of human rights violations and accountability of the culprits, and also to resolve the gaps in refugees' access to justice.