nam 22 uu 4500 10.17176/20160314-095252 DE-Verfassungsblog cr||||| 160312s2016||||xx#|||||o|||| ||| 0|eng|| 10.17176/20160314-095252 doi eng 342 23 Hathaway, James C. Author aut Taking refugee rights seriously: A reply to Professor Hailbronner Hathaway, James C. Verfassungsblog 2016-03-12 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier Reactions to the proposed “refugee swap” between the EU and Turkey have been predictably absolutist. On the one hand, most advocates have opposed the draft arrangement, asserting some combination of the right of refugees to be protected where they choose and/or that a protection swap would clearly breach the ECHR’s prohibition of “collective expulsion” of aliens. On the other hand, Professor Hailbronner argues against any right of refugees to make their own decisions about how to access protection, believes that refugees may be penalized if arriving in the EU “without the necessary documents,” suggests that it does not matter that Turkey is not relevantly a party to the Refugee Convention, and confidently asserts that there is no basis to see the prohibition of “collective expulsion” as engaged here. As usual, the truth is somewhere in the middle. CC BY-NC-ND 4.0 Collective Expulsion EU-Turkey Deal Geneva Refugee Convention Kay Hailbronner Refugee Protection Max Steinbeis Verfassungsblog gGmbH Verfassungsblog 2366-7044 https://verfassungsblog.de/taking-refugee-rights-seriously-a-reply-to-professor-hailbronner/ raw object