Mecanismos de protección ante el rechazo en frontera y principio de non-refoulement en las fronteras exteriores de la Unión Europeaespecial referencia al caso de Ceuta y Melilla

Abstract

The current model of management of the external borders of the EU, and of Spain, has serious consequences on the human rights protection of forcibly displaced people, which also entails an ethical-legal responsibility for Spain. For years, many people have been trying to reach a safe country by jumping the fences surrounding Ceuta and Melilla, but they are automatically pushed back. States have the right to control their borders, but they must also respect the prohibition of refoulement, cornerstone of the right to asylum. A broad interpretation of the principle of non-refoulement implies that it must also be applied at the borders of territories, thus requiring that border control be fully respectful with international human rights obligations, with no room for practices such as rejection at the border. Moreover, the scope of application of this principle of non-refoulement has been extended by various human rights international instruments, making it a key tool for protecting people fleeing their countries of origin for various reasons.