Browsing by Subject "Criminalisation"
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(2022)Migration policy in the European Union as it has evolved from the post WWII era, has caused the external border of the EU to shift. European Member States have simultaneously been eager to adopt measures curbing irregular migration and been uninterested or reluctant to adopt measures on regular migration, even though hardening external border management has no effect on the number of irregular migrants entering EU territory. Securitization in tandem with the ever-increasing criminalisation of migration in the EU has given rise to the present modus operandi of the violent EU border regime, materialized in the externalisation of migration. This thesis examines this evolution by answering the question of how the criminalisation of migration manifests itself as externalized migration management while also scrutinizing the history of EU migration management and border policy. Today, made possible by the evolution of EU border policy in inter alia the Tampere-, Hague-, and Stockholm Programmes, the Frontex regime and ECtHR caselaw, the militarized border and migration measures have become the new normal. This thesis, highlighting this through examples of Finland, Frontex, and Italy, shows that the status quo of EU border management has evolved into what Juliet Stumpf in 2006 described as ‘crimmigration’, where migrants exist in a constant state of either illegality or criminality, or both. In unearthing the quasi-legal or legal-ized nature of illegal border policies such as pushbacks, this thesis illustrates the interdependent relationship of securitization, criminalisation and externalisation; and illuminates how the criminalisation of migration, the securitization of migration and the externalisation of migration work (in)dependently of each another.
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(2022)This thesis focuses on examining the relation between the international human rights obligations of Finland and criminalisation for the protection of human rights interests, especially whether one may derive a duty to criminalise in a certain way from such international legal instruments. Sexual violence against women has been chosen as a pressing human rights issue to be examined, and the crime of rape has been used as a way of exemplifying the thesis focus. Thus, the international regulations dealing with the relevant human rights have been systematised and interpreted, while continuously being analysed in relation to the unique characteristics surrounding the crime of rape. The purpose of this research is to present the obligations of Finland to fully implement and apply international human rights norms within the selected area of sexual crime. For this purpose, Finland’s efforts to implement the relevant legal instruments have been subject to analysis. Ultimately, this thesis aims to present alternative measures to legislation with which the human rights obligations may be fulfilled, due to legislative means often lacking behind the fast-moving social change and pleads for modernisation. Thus, this thesis examines a few key measures within the criminal justice system that may be utilised, and makes conclusions on the efficacy of these measures in relation to legislative means. The aim is not to present any optimal solution, but to examine how different situations of decision-making and the norms related thereto affect the protection of human rights. As a conclusion, it is presented that legislative means, namely criminalisation, may be one of the best options available for improving the protection of human rights on a national level. However, there exists means with which the actors within the criminal justice system may further change from within, which is often necessary for a state to modernise its ways and customs. Evidently, the currently proposed amendment to the Finnish criminalisation of rape could solve many issues presented in this thesis. Nevertheless, several human rights violations still exist in Finland which do not yet have legislative amendments under way, and that may thus benefit from the alternative means presented in this thesis.
Now showing items 1-2 of 2