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3 Human Rights Law And Schengen

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Chapter Summary

This chapter presents the main human rights legislations, focusing on their universality and relevance to the Schengen co-operation, the ultimate aim being to identify the most relevant instrument for evaluation of the Schengen police co-operation and border control policies. The United Nations Universal Declaration of Human Rights is the first attempt to categorise international human rights and freedoms. For the purposes of this study, the Universal Declaration is an important legal source of refugee law. The European Convention on Human Rights and Fundamental Freedoms (ECHR) is the most significant international human rights legal source in Europe. For the purposes of this work, the most significant development is the incorporation of the Charter of Fundamental Rights. The United Nations instruments are important because most of the Schengen countries are signatories to them and the obligations imposed by these instruments apply to these countries.

Keywords: border control policies; Charter of Fundamental Rights; evaluation; Human Rights Law; human rights legislations; instrument; refugee law; Schengen; Schengen police co-operation; Universal Declaration



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