Elena Ardito

Hotspot Approach and Collective Expulsion in J.A. and others v. Italy

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Abstract

With the judgment J.A. and others v. Italy, delivered on 30 March 2023, the European Court of Hu-man Rights recognized the material conditions of the Lampedusa hotspot as inhuman and degrading treatments, regardless of any vulnerability-based approach. Moreover, the restrictions on personal freedom suffered by migrants hosted in the centre are once again stigmatized by the Court such as forms of arbitrary and illegitimate detention. Finally, the absence of an assessment of the applicants’ individual situation before their repatriation therefore qualified their expulsion as collective.

Keywords

  • European Court of Human Rights
  • hotspot approach
  • migrants detention
  • inhuman and degrading treatments
  • pushbacks
  • prohibition of collective expulsion

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