Overview

The election of leaders like Donald Trump and Viktor Orbán represents the culmination of a political phenomenon that reinterprets democracy in a way that is incompatible with liberal democracy, weakening the rule of law, the constitutional order and fundamental democratic principles. This process has a direct impact on the protection of human rights, particularly affecting vulnerable groups, especially refugees and asylum seekers. In this context, the relationship between populist governments and the current refugee crisis is essentially conflictual, since these governments use legal, administrative and political mechanisms to restrict entry into their territories and access to international protection. The gaps in international law in the face of the advance of populism favor state practices that violate the principle of non-refoulement and the rights inherent in the person of the refugee, which derive from human dignity. This highlights the need to comply with international refugee protection instruments, many of which are part of jus cogens and whose non-compliance can lead to international responsibility on the part of the state.

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