Refugee Protection In Western Europe: Reconciling Sovereignty, Human Rights, And Ethical Responsibility In An Age Of Crisis
- IJLLR Journal
- Sep 29
- 1 min read
Abul Hasem, Tata Institute of Social Sciences, Mumbai
ABSTRACT
The governance of refugees in Western Europe has become a defining test of international law, human rights, and ethical responsibility. The 2015 “refugee crisis,” followed by ongoing displacement from Syria, Afghanistan, Ukraine, and parts of Africa, exposed the structural limits of the 1951 Refugee Convention and the deep fault lines within the European asylum system. While the principle of non-refoulement remains the cornerstone of protection, deterrence policies such as pushbacks, externalisation agreements with third countries, and the resurgence of detention practices have undermined compliance with international standards. At the same time, regional jurisprudence, including the European Court of Human Rights’ ruling in M.S.S. v. Belgium and Greece (2011), has highlighted the persistent gap between legal commitments and the lived realities of asylum seekers.
The ethical dimension is equally unambiguous: populist narratives frame refugees as threats to cultural cohesion and security, while empirical evidence shows their marginalisation stems more from exclusionary policies than inherent risk. Socio-economic pressures, such as housing shortages, integration challenges, and perceptions of crime, have further complicated policy responses, often justifying restrictive measures. Nevertheless, a balanced approach remains possible. By broadening the interpretation of protection to include climate and conflict-displaced persons, embedding fair burden-sharing across EU states, and prioritising inclusive integration strategies, Western Europe can align sovereignty with humanitarian commitments.
This article critically examines the interplay of law, politics, and ethics in Western Europe’s refugee governance, arguing for a recalibration of asylum policies that uphold human dignity while addressing legitimate state concerns using doctrinal and descriptive methods of study.
Keywords: Refugee protection, Western Europe, non-refoulement, asylum law, sovereignty, human rights.
