Fundamentos do tratamento discriminatório do refugiado não-padrão na Europa e as suas consequências

Abstract

This paper seeks to critically analyze the migration policies used in the European system and the forms of discrimination found in the treatment of refugees considered non-standard. To this end, the paper presents a historical evolution of the refugee policies applied in Europe in order to answer the following question: Can it be understood that European rules still reproduce the limitations introduced by the international regime of refuge established at the end of World War II? If so, what are the consequences of this behavior? After the presentation of the theoretical basis used throughout the work, regarding the conceptualization of the non-standard refugee and the studies of refugees and forced migration, a survey of the treaties and conventions used in Europe since 1951 is made, to understand if there has really been a change over the years, or if discriminatory treatment still persists, leading to the application of a necropolitics to refugee bodies, a theory also exposed in this article. To reach the conclusion, a hypothetical-deductive approach of the history of forced migration in Europe is used, the descriptive method in the analysis of the objectives for the application of critical theory in the context of refuge in the European continent, as well as the explanatory method to determine the cause of the lack of protection of the subject of the Global South, relying on the documentary technique by using official European documents consistent with the migratory and bibliographical theme for the construction of the theoretical base used. In the end, it is concluded that the division between the standard and non-standard refugees has existed since the origins of the international refugee regime and persists in the policies currently applied, resulting in the impossibility of fully guaranteeing the rights of these individuals.