Refugees and the New EU Pact: Rights Beyond Borders

A Commemoration That Speaks of People

Today marks World Refugee Day. Behind this observance are millions of people forced to leave their homes, their loved ones, and the environment in which they lived. In recent months, I have had the opportunity to come into direct contact with many migrants. Some remained acquaintances, while others became friends. I listened to their experiences, fears, aspirations, and the consequences of the traumas they endured. I collected testimonies of migration journeys spanning thousands of kilometers, family separations, violence along migration routes, conditions of extreme hardship, and persistent uncertainty about the future.

For this reason, I have chosen to dedicate this article to them, with human empathy but also with the legal awareness that every individual, regardless of citizenship or place of birth, is entitled to fundamental rights that democratic legal systems and international law are called upon to guarantee.

World Refugee Day, established by the United Nations and celebrated annually on June 20, is not merely a symbolic observance. It is an opportunity to draw attention to the condition of millions of people forced to leave their countries because of armed conflicts, persecution, serious human rights violations, political violence, religious or ethnic discrimination, and increasingly, the effects of environmental and climate crises. According to the latest data from the United Nations High Commissioner for Refugees (UNHCR), the number of forcibly displaced people continues to rise globally. Behind these statistics are individuals, families, children, elderly people, and young adults who did not embark on migration by choice, but because remaining in their place of origin would have exposed them to a real risk of death, torture, arbitrary detention, or persecution.

Who Are Refugees: The Legal Framework

When addressing the issue of refugees, it is essential to correctly distinguish the different legal categories established by international law and the legal framework of the European Union. Refugee status is granted to a person who meets the requirements set out in the 1951 Geneva Convention relating to the Status of Refugees. This refers to someone who, being outside their country of nationality or habitual residence, has a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion.

Alongside refugee status, the international protection system includes additional forms of protection, such as subsidiary protection, which may be granted to individuals who, if returned to their country, would face a real risk of suffering serious harm.

The Right to Asylum in the Italian Constitution

The right to asylum enjoys particularly significant recognition within the Italian constitutional system. Article 10, paragraph 3, of the Italian Constitution provides that a foreign national who is denied the effective exercise of the democratic freedoms guaranteed by the Italian Constitution in their own country has the right to asylum in the territory of the Republic, under the conditions established by law.

This is not a discretionary privilege granted by the State, but a fundamental constitutional right. The same article also establishes the principle that domestic law must conform to generally recognized rules of international law and prohibits the extradition of foreign nationals for political offenses.

The Principle of Non-Refoulement

At the international level, the cornerstone of refugee protection is the principle of non-refoulement, enshrined in Article 33 of the 1951 Geneva Convention and recognized as a fundamental norm of international refugee law.

According to this principle, no one may be expelled or transferred to a State where there are substantial grounds for believing that they would face persecution, torture, inhuman or degrading treatment, or other serious violations of fundamental rights. It represents one of the most significant achievements of contemporary international law in the protection of individuals.

The New European Pact on Migration and Asylum

In recent years, migration has become one of the most complex and controversial areas of European policymaking. In this context, the European Union has recently adopted the new Pact on Migration and Asylum, one of the most significant reforms in recent decades concerning migration management and international protection.

The Pact introduces new screening procedures at external borders, mechanisms for managing applications for international protection, accelerated procedures for certain categories of asylum seekers, and a solidarity system among Member States that may take the form of relocation of applicants or financial and operational contributions.

Concerns Regarding Fundamental Rights

While understanding the reasons that led European institutions to seek a common response to a structurally complex phenomenon, I believe that this reform raises concerns both from a legal perspective and regarding the effective protection of fundamental rights.

Several provisions risk restricting the individual guarantees that form the core of the right to asylum. Accelerated border procedures, particularly short deadlines for examining applications, and the possible use of prolonged detention may negatively affect the ability of the most vulnerable individuals to fully exercise their right to defense and obtain an individual and thorough assessment of their situation. In matters concerning fundamental rights, administrative efficiency should not prevail over the guarantee of effective protection.

The Issue of "Safe Countries"

A particularly sensitive issue concerns the increasing use of the concepts of "safe country of origin" and "safe third country." More and more frequently, applications for international protection are examined through accelerated procedures or rejected on the assumption that the applicant can obtain protection in a State classified as safe.

However, this classification presents significant practical concerns. A State may formally appear on a list of safe countries while, in reality, displaying substantial shortcomings regarding human rights protection, minority rights, judicial independence, or safeguards for vulnerable individuals. What may appear safe for the majority of the population is not necessarily safe for members of ethnic, religious, political, or social minorities.

Furthermore, in some cases, transfers to such countries may expose migrants to violence, discrimination, exploitation, or onward transfers to States where their safety would be seriously jeopardized. For these reasons, the principle of individual assessment of protection claims must remain central, avoiding automatic mechanisms incompatible with the complexity of real-life situations.

A Predominantly Security-Oriented Approach

From a public policy perspective, the new Pact also appears, in several respects, to be inspired by a predominantly security-oriented logic, in which migrants are viewed primarily as a phenomenon to be managed rather than as individuals holding fundamental rights.

The risk is that borders may become spaces characterized by increasingly restrictive procedures, where the protection of human dignity is subordinated to control objectives. A rule-of-law system founded on respect for fundamental rights should never lose sight of the fact that behind every administrative procedure there is a real person.

Migration, Economy, and Social Sustainability

Alongside the humanitarian and legal dimensions, there is another aspect that often receives insufficient attention in public debate. Migrants are not only individuals in need of protection; they also represent an important component of the economic and social development of European societies.

In a continent characterized by an aging population and persistently declining birth rates, the contribution of foreign workers is becoming increasingly important. Numerous strategic sectors of the European economy—from agriculture to construction, logistics to home care, hospitality to caregiving services—depend significantly on the work carried out by people from other countries. These are often essential activities characterized by high labor intensity and limited availability of local workers.

The sustainability of welfare and pension systems is also increasingly influenced by the contribution of immigrant populations. In contexts where the number of retirees grows faster than the number of active workers, migrants' contribution to the labor market and the financing of social expenditure represents an important balancing factor.

Ignoring this dimension means addressing migration only partially and without fully reflecting reality. An orderly, regular, and rights-based management of migration is not only an obligation arising from international principles of human protection but also an economic and demographic necessity for Europe's future.

Testimonies Collected in Trieste

The main challenge for Europe is therefore to reconcile the need to manage migration flows with the obligation to guarantee respect for human dignity and fundamental rights. These rights cannot be subordinated to political contingencies or temporary emergencies.

This is also demonstrated by the testimonies I personally collected in Trieste, a city that for years has represented one of the main entry points along the so-called Balkan route. Many migrants arrive there after crossing numerous borders and territories where they have experienced violence, pushbacks, labor exploitation, and severe deprivation.

Some told me they had worked for months without receiving the promised wages; others described having their documents confiscated by unscrupulous intermediaries; still others recounted the constant fear of being stopped, detained, or pushed back. Several people also reported experiencing psychological, physical, and sexual violence, as well as treatment comparable to torture—experiences that leave deep and lasting consequences.

Listening to these testimonies helps us understand migration in both its human and legal dimensions, reminding us that behind the abstract category of "migrant" are individuals united by universal aspirations: to live safely, work, build a family, study, and contribute to the host society.

Human Rights, Memory, and Solidarity

On this World Refugee Day, it is important to remember that the protection of human rights cannot be selective. Fundamental rights exist precisely to protect those who find themselves in situations of particular vulnerability.

European history demonstrates that anyone can become a refugee: wars, persecution, and authoritarian regimes forced millions of Europeans to flee during the twentieth century, and forgetting this experience would mean neglecting an essential part of the continent's historical memory.

Speaking about refugees also means reflecting on the principle of solidarity among peoples. A solidarity that cannot be limited to declarations of principle but must be translated into concrete choices by institutions, communities, and individual citizens.

Protecting individuals means ensuring dignified living conditions, access to healthcare, education, justice, regular employment, and the possibility of building a life free from fear. Human rights are not abstract or merely theoretical concepts: they translate into a child's right to education, a woman's right to protection from violence, a worker's right to fair wages, a persecuted person's right to protection, and a family's right to live in safety.

When these rights are violated, the consequences directly affect people's lives. For this reason, the protection of human rights does not concern only those fleeing wars or persecution but represents a shared legal heritage of humanity and a responsibility shared by States. A society that protects its most vulnerable members is not merely acting generously; it is implementing the principles of legal and democratic civilization upon which contemporary legal systems are founded.

Conclusions

For these reasons, today my thoughts go to all those forced to leave their homes and to those who continue to live with the uncertainty of a migration journey. They go to children crossing borders without fully understanding what is happening, to women exposed to heightened risks along migration routes, to men seeking safer living conditions for themselves and their families, and to all those who work every day to provide assistance, reception, legal protection, and the safeguarding of fundamental rights.

World Refugee Day should not be regarded merely as another date on the international calendar. It should serve as a reminder of our shared belonging to the human community. However, awareness alone is not enough unless it is translated into information, responsibility, and concrete commitment.

Everyone can contribute to combating stereotypes and misinformation, supporting organizations working on the ground, listening to the testimonies of those forced to flee, and promoting a culture of rights based on inclusion and respect for human dignity. Refugees' rights concern not only those who cross borders but also directly challenge the kind of society we intend to build.

Defending these rights means safeguarding the principles of dignity, freedom, equality, and justice that form the foundation of democratic legal systems and that, especially in times of greater difficulty, require particularly firm affirmation.