From the Right to Asylum to Migration Management: The Legal-Political Construction of 'A Refugee' in the Post-Communist Czech Republic
Europe-Asia Studies, 2010
20 Pages Posted: 1 Jul 2010
Date Written: June 7, 2010
The international law defines who are refugees, their rights and the legal obligations of states that receive them. However, the actual formulation and implementation of asylum law are based on politically and historically contingent construction of 'a refugee' determined largely by the nation state. This article analyses the legal-political construction of 'a refugee' in the post-communist Czech Republic on its way to and after joining the European Union. It examines the role of the state and nongovernmental sector and explains a gradual shift towards treating asylum as a matter of migration management rather than a fundamental human right.
Keywords: asylum, refugees, Czech Republic, migration control, migration management, asylum-migration nexus
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