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Faculty of Law

Law and treatment practice of refugees at the eastern border of Poland, 27.04.2023

Dr. iur. Dr. h.c. (uzh) Hanna Machińska
Former Deputy Human Rights Commissioner of Poland

Donnerstag, 27. April 2023
12.30 - 13.15 Uhr
Rämistrasse 59, 8001 Zürich, Hörsaal RAA-G-15

What should be underlined, is that migration is a serious challenge not only in Europe. Millions of people around the world are forced to flee their homes. Poland, like many other European countries has been severely exposed to the migration pressure, which in fact, is becoming a humanitarian crisis. Lack of proper legal rules, permanent pushback practice as well as denying applications for international protection by border guards create significant problems.

Above all, lack of clear EU policy and the lack of reaction from the EU Commission give the member states open space for the violation of human rights. However, it is portant to stress that the Council of Europe presented a very clear position concerning pushbacks, which are, according to many recommendations, an illegal form and shouldn’t be used in practice.

As it is, the state accountability before national and international courts is a matter of the future. The first case concerning compensation for the pushbacks is pending before the Polish Administrative Court and there are more cases against Poland before the European Court of Human Rights.

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Former Deputy Commissioner for Human Rights
Researcher at the Law Faculty and Administration of the Warsaw University

Hanna Machińska, Ph. D., is a lawyer and social activist with significant professional experience and accomplishments in implementing European legal standards, including those regarding human rights protection and anti-discrimination law, into the Polish legislative system. She has always been involved in the fight against discrimination, xenophobia and intolerance.

She is the author of a number of publications on human rights protection, including: Axiology in the European Union in the light of the European Convention on Human Rights, Protection of fundamental rights in the European Union, The idea of Europe (ed.), Poland and the Council of Europe, and Disabled persons in the labour market etc.