Refugee and Asylum Seeker Rights in Europe: Gendered Crimmigration Experiences in the Dutch and Spanish Cases

Europe faces increasing patterns of crimmigration, or the merging of criminal and migration law, discourse and practices. Refugees and asylum seekers are conflated with more general migrant populations, and are likewise subjected to these phenomena as well. As part of this, increasingly restrictive legislative and administrative policies accompany the securitization of asylum systems within the European context, working against Member State and European Union (EU) fundamental rights obligations. Moreover, the literature has identified a gap in understanding the gendered dimensions of crimmigra... Mehr ...

Verfasser: Boland, Colleen
Dokumenttyp: working_paper
Erscheinungsdatum: 2023
Verlag/Hrsg.: Forum Transregionale Studien e.V.
Schlagwörter: Artikel / ddc:94 / ddc:323 / ddc:342 / ddc:364 / ddc:305 / ddc:304.609 / Neuere Zeitgeschichte (1945 - heute) / Europa -- Migration -- Flüchtling -- Asylbewerber -- Geschlecht -- Diskriminierung -- Asylrecht -- Grundrecht -- Kriminalisierung
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-27027282
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://doi.org/10.25360/01-2023-00046

Europe faces increasing patterns of crimmigration, or the merging of criminal and migration law, discourse and practices. Refugees and asylum seekers are conflated with more general migrant populations, and are likewise subjected to these phenomena as well. As part of this, increasingly restrictive legislative and administrative policies accompany the securitization of asylum systems within the European context, working against Member State and European Union (EU) fundamental rights obligations. Moreover, the literature has identified a gap in understanding the gendered dimensions of crimmigration, as well as lack of representation of the refugee, asylum seeker or migrant perspective in this field. As such, this paper asks how refugee or asylum seeker women experience or negotiate crimmigration rhetoric, policies and practices, particularly in light of the EU fundamental rights to asylum and non-discrimination. To answer this question, it first examines the recent sociopolitical context and current literature to date addressing crimmigration and gender or intersectionality in the case studies of Member States Spain and the Netherlands, before analyzing interviews with asylum seeker women in the former and their legal advocates in the latter. To better capture the dimensions of gender and intersectional disadvantage operating outside of bounded hierarchies, it adopts a definition of crimmigration that includes all processes, norms and narratives criminalizing migrants and immigration, and a multi-scalar approach that takes into account legal pluralism. It finds that asylum seeker women and their advocates find their rights to asylum or discrimination unrealized or inaccessible, and their corresponding perceptions and behaviors have implications for the current state of rule and law in Europe.