Seeking Asylum or seeking international protection is only one of many problems in today’s world. Many wars; civil wars,and the war on terror have made people seek international protection, and because of it the world is facing an asylum storm day by day. Europe is also affected by many international protection seekers. Europe wants toprotect its borders from illegal immigrants and at the same time Europe wants to protect those who really need International protection. Because of this Europe has created a common asylum policy within the EU. The EU wants a mechanism to regulate asylum inside the EU and for this purpose has created a regulation which is based on theconcept of responsibility sharing between the Member States, called the Dublin regulation.
This thesis is focusing on Detention under the New amendments proposal of the Dublin regulation II. The Dublin regulation II has faced a huge amount of criticism from many organizations, partners and the ECRE itself and Many stakeholders including the UNHCR. Amnesty International, They has commented on it and asked for urgentreform. Different reports have come out asking for existing regulations to be amended in order to create a greater protection of the human rights of those people who really need international protection, and EU Member States should also bear responsibility inequal manner.
That is the reason EU are working on these amendments.That detention of asylum seekers should normally be avoided in general is part of the international framework,but the present day’s Detention practices towards asylum-seekers are extensive and recognized as an administrative practice. Human rights instruments ensure that individuals are not arbitrarily or unlawfully deprived of their liberty, but those human rights instruments are not able to safeguard asylum-seekers who are frequently subjected to detention.
The main purposes of refugee protection is to safeguard human rights, that is to say that asylum-seekers should be treated in accordance with human rights standards, not only refugee law, or at least that refugee law should follow the footprints according to basic human rights standards.
Asylum seekers’ rights to liberty and security of person, and freedom of movement,are strengthened through human rights instruments and mechanisms, but holding them in Detention violates their basic Human Rights. The new amendments proposal of the Dublin regulation II in the area of Detention is somehow to try to respect the basic concept of Human Rights. For this reason Detention as a whole has been given its own chapter with different articles, which is comparatively a very good approach and to be welcomed.But still not perfect.