Balancing Human Rights and Security: An analysis of the EU's approach to asylum seekers amidst rising Populism and Security Concerns

The European Union (EU) has long grappled with balancing its human rights obligations and border security priorities, particularly during the 2015–2016 migration crisis. Over a million refugees, fleeing conflict and persecution in countries like Syria and Afghanistan, crossed into Europe, exposing the limitations of the Common European Asylum System (CEAS). This thesis critically examines two core CEAS principles—the safe third country and safe country of origin—which, while aimed at managing asylum applications, often undermine the principle of non-refoulement, a cornerstone of international refugee law. Drawing on international and European legal frameworks, including jurisprudence from the European Court of Human Rights (ECtHR), this research highlights how these policies perpetuate migration securitization and externalization, exemplified by agreements like the EU-Turkey Deal. It emphasizes the disproportionate impact of non-refoulement violations on women refugees, who face heightened risks of gender-based violence and inadequate protections. Despite reforms under the 2020 New Pact on Migration and Asylum, EU policies prioritize security over humanitarian commitments, forcing asylum seekers into perilous conditions. This thesis argues for a paradigm shift toward harmonizing security with human rights, advocating for gender-sensitive approaches and policies that uphold the dignity and rights of displaced individuals.