Szczepanikova A. From the Right of Asylum to Migration Management: The Legal-Political Construction of ‘a Refugee’ in the Post-Communist Czech Republic

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Szczepanikova A. From the Right of Asylum to Migration Management: The Legal-Political Construction of ‘a Refugee’ in the Post-Communist Czech Republic

The article. Europe-Asia Studies
Vol. 63, No. 5, July 2011, 789–806

Abstract:
Inteational law defines refugees and their rights and the legal obligations of states that receive them. However, the actual formulation and implementation of asylum law are based on the politically and historically contingent constructions of the status of ‘refugee’ that are determined largely by nation states. This article analyses the legal–political construction of ‘refugee’ in the post-communist Czech Republic during and after its accession to the European Union. It examines the role of the state and the non-govemental sector and explains the gradual shift that took place towards treating asylum as a matter of migration management rather than a fundamental human right.

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