Publicação
BETWEEN UNRWA AND THE EU: THE LEGAL COMPLEXITY OF PALESTINIAN REFUGEE PROTECTION
| Resumo: | This dissertation contributes to ongoing debate on the treatment of Palestinian refugees within the European Union asylum framework, situating their exceptional status in both historical and legal context. It emphasises that the historical and political roots of Palestinian displacement, particularly the Nakba, subsequent conflicts, and the ongoing humanitarian crisis, are essential to understanding how their legal status has been shaped. A key challenge identified is the interplay between the refugee definition provided by the 1951 Geneva Convention, the exclusion established in Article 1D, and the unique protection mandate of the UNRWA. These elements have created persistent uncertainty regarding the legal position of Palestinian refugees, leading to divergent interpretations and inconsistent protection outcomes across EU Member States. Through a detailed examination of EU asylum framework, alongside CJEU jurisprudence, including landmark cases such as Bolbol and El Kott, this dissertation highlights how the unique legal framework ruling Palestinian refugees has often resulted in gaps in protection. It argues that while Article 1D was originally intended to enhance protection for Palestinians, in practice, its application has frequently led to uncertainty and exclusion from effective refugee protection internationally and within the EU. Finally, this dissertation underscores the need for a coherent, rights-based approach to Palestinians refugees within EU asylum law, ensuring that international refugee and human rights obligations are upheld, and that Palestinians receive equal and effective access to protection under the EU asylum system. |
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| Autores principais: | Gouveia, Nair Alexandra Inácio |
| Assunto: | Palestinian refugees 1951 Refugee Convention UNRWA EU Asylum Law Common European Asylum System New Pact on Migration and Asylum International protection Statelessness Refugee definition displacement UNHCR Right of Return Refugiados palestinianos Convenção sobre Refugiados de 1951 UNRWA Lei de Asilo da UE Novo Pacto da Migração e Asilo Sistema Europeu Comum de Asilo Proteção internacional Apátrida Definição de refugiado Deslocamento ACNUR Direito de Retorno |
| Ano: | 2025 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso restrito |
| Instituição associada: | Universidade Nova de Lisboa |
| Idioma: | inglês |
| Origem: | Repositório Institucional da UNL |
| Resumo: | This dissertation contributes to ongoing debate on the treatment of Palestinian refugees within the European Union asylum framework, situating their exceptional status in both historical and legal context. It emphasises that the historical and political roots of Palestinian displacement, particularly the Nakba, subsequent conflicts, and the ongoing humanitarian crisis, are essential to understanding how their legal status has been shaped. A key challenge identified is the interplay between the refugee definition provided by the 1951 Geneva Convention, the exclusion established in Article 1D, and the unique protection mandate of the UNRWA. These elements have created persistent uncertainty regarding the legal position of Palestinian refugees, leading to divergent interpretations and inconsistent protection outcomes across EU Member States. Through a detailed examination of EU asylum framework, alongside CJEU jurisprudence, including landmark cases such as Bolbol and El Kott, this dissertation highlights how the unique legal framework ruling Palestinian refugees has often resulted in gaps in protection. It argues that while Article 1D was originally intended to enhance protection for Palestinians, in practice, its application has frequently led to uncertainty and exclusion from effective refugee protection internationally and within the EU. Finally, this dissertation underscores the need for a coherent, rights-based approach to Palestinians refugees within EU asylum law, ensuring that international refugee and human rights obligations are upheld, and that Palestinians receive equal and effective access to protection under the EU asylum system. |
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