Human rights and the national interest: The case study of asylum, migration, and national border protection

Journal article


Brennan, Frank Tenison. (2016). Human rights and the national interest: The case study of asylum, migration, and national border protection. Boston College International and Comparative Law Review.
AuthorsBrennan, Frank Tenison
Abstract

Since World War II, Australia has been the destination of hundreds of thousands of migrants from countries all over the world. Throughout this time, the government has engaged in different policies of border monitoring, protection, and enforcement. This Essay contends that the government should not waiver in its enforcement of its border, and it should continue to prevent the illegal entry of migrants into Australia. It, however, must do so fairly and compassionately in order to ensure that it protects the human rights of migrants. This argument is supported by the fact that the current international legal order doesn’t provide any further obligations on the state to migrants. Asylum seekers, however, have distinct legal rights from migrants, but distinguishing asylum seekers from migrants is not easy because no bright line exists. By examining the policies of the United States and the European Union while considering the religious discourse of refugees, this Essay concludes that Australia must reexamine its current approach to stopping the boats.

Year2016
JournalBoston College International and Comparative Law Review
Web address (URL)http://iclr.bclawreview.org/files/2016/04/02_brennan.pdf
Open accessOpen access
Research GroupThomas More Law School
Publisher's version
EditorsK. S. Akoglu
Permalink -

https://acuresearchbank.acu.edu.au/item/89wv7/human-rights-and-the-national-interest-the-case-study-of-asylum-migration-and-national-border-protection

  • 86
    total views
  • 46
    total downloads
  • 0
    views this month
  • 1
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

The Church's view on human rights
Brennan, Frank. (2017). The Church's view on human rights. In In M. Deeb and C. V. Freitas (Ed.). Dominicans and human rights: Past, present and future pp. 63 - 81 ATF Theology.
Contours and prospects for Indigenous recognition in the Australian Constitution and why it matters
Brennan, Frank Tenison. (2016). Contours and prospects for Indigenous recognition in the Australian Constitution and why it matters. Australian Law Journal.
The 1916 Rising: A View from Australia
Brennan, Frank Tenison. (2016). The 1916 Rising: A View from Australia. Studies: An Irish Quarterly Review.
Reflections on Laudato Si’
Brennan, Frank. (2015). Reflections on Laudato Si’. In Economic and ecotheological responses to Laudato Si' pp. 45 - 54 ATF Theology.
Church-state issues and the Royal Commission
Brennan, Frank. (2013). Church-state issues and the Royal Commission.
Religion, multiculturalism and legal pluralism
Brennan, Frank. (2011). Religion, multiculturalism and legal pluralism. In In N. Hosen and R. Mohr (Ed.). Law and religion in public life: the contemporary debate pp. 69 - 94 Routledge.
Involving civil society in constitutional reform: An overview of the Australian National Human Rights Consultation and the Proposed National Human Rights Framework
Brennan, Frank Tenison. (2011). Involving civil society in constitutional reform: An overview of the Australian National Human Rights Consultation and the Proposed National Human Rights Framework. In In C. Morris, J. Boston and P. Butler (Ed.). Reconstituting the Constitution pp. 267 - 287 Springer-Verlag.
Human rights as a challenge to national policies that exclude refugees: two case studies from southeast Asia
Brennan, Frank Tenison. (2010). Human rights as a challenge to national policies that exclude refugees: two case studies from southeast Asia. In Driven from Home: Protecting the Rights of Forced Migrants pp. 97 - 114 Georgetown University Press.
Acting on conscience: How can we responsibly mix law, religion and politics?
Brennan, Frank Tenison. (2007). Acting on conscience: How can we responsibly mix law, religion and politics University of Queensland Press.
An Australian fence-sitter's reading of Huscroft's living tree concerns
Brennan, Frank. (2006). An Australian fence-sitter's reading of Huscroft's living tree concerns. University of Queensland Law Journal. 25(1), pp. 25 - 37.
An Australian Fence-Sitter's Reading of Huscroft's Living Tree Concerns
Brennan, Frank. (2006). An Australian Fence-Sitter's Reading of Huscroft's Living Tree Concerns. University of Queensland Law Journal. 25(1), pp. 25 - 37.
Tampering with asylum: A universal humanitarian problem
Brennan, Frank. (2003). Tampering with asylum: A universal humanitarian problem University of Queensland Press.