Samantha Velluti (University of Sussex Law School) has posted Questioning legal personhood in EU migration and asylum law on SSRN. Here is the abstract:
This Article develops a new understanding of “legal personhood” using “equal human dignity” as the interface between “legal personhood” and human rights in order to address the dual-faceted and opposing reality of asylum-seekers in relation to their “equality” as humans in the order of nature and their “inequality” within the social/political order of Europe, where they are subjected to a constant process of depersonification and reification. This revisited notion of “legal personhood” not only seeks to remove the debasement and dehumanization that has come to chacterize European Union (EU) migration and asylum law but also intends to address the Common European Asylum System’s (CEAS) failure to constitute a valid platform for translating its own self-proclaimed commitment to human rights into justiciable normative claims.
