TY - THES A1 - Wriedt, Vera T1 - Bordering Belonging: Colonialism, Nationality and Expulsions in the European and African Human Rights Systems N2 - This thesis investigates how the European and African regional human rights systems reproduce or counteract border coloniality in their drafting of norms and subsequent caselaw on matters of nationality and expulsions. Rather than taking the European human rights system as a yardstick to emulate, the analysis critiques its restrictive moves, whilst highlighting transformative contestations of exclusion in the African human rights system. In the European system, the colonial clause built into the 1950 European Convention on Human Rights was further refined in its 1963 Protocol 4 to distinguish between metropolitan and non-metropolitan territories with regard to entry and expulsion. These differentiations reverberate in caselaw that denies the right to nationality and legitimises collective expulsions based on tropes of danger and culpability, whereas judgments upholding the rights of people on the move across borders appear as outliers. In the African system, the anti-colonialism shaping the drafting of the 1981 African Charter on Human and Peoples’ Rights was followed by innovative interpretations reading the right to nationality into the right to recognition of legal status, as well as holistic protection against collective expulsions linked to related rights, but the jurisprudence is limited. Despite epistemic shifts away from the denigration of former colonial subjects crossing borders and moves towards the expansive interpretation of some rights, both systems operate within the limits of codified human rights law, in which many structural elements of border coloniality engrained in statist migration law remain unchallenged and perhaps unchallengeable. By providing the first juxtaposition of these issues in the European and African human rights systems, the thesis contributes to comparative international human rights law, critiques of the coloniality of international law, and border regime studies. T3 - Dissertations submitted to the Hertie School - 14/2025 Y1 - 2025 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-60236 U6 - https://doi.org/10.48462/opus4-6023 N1 - Shelf mark : 2025D014; 2025D014+1 ER - TY - RPRT A1 - Wriedt, Vera T1 - Expanding Exceptions? AA and others v North Macedonia, Systematic Pushbacks and the Fiction of Legal Pathways T2 - Strasbourg Observers N2 - The closure of the Greek-Macedonian border on 8 March 2016 entailed systematic pushbacks. The largest operation occurred on 14-15 March 2016, when more than 1500 refugees were summarily returned from North Macedonia to Greece. The complaint of AA and others v North Macedonia addressed this large-scale pushback operation. However, instead of condemning these pushbacks, the European Court of Human Rights expanded the exception from the prohibition of collective expulsions created in the case of ND and NT v Spain and found the applicants culpable of circumventing legal pathways, ignoring that these were clearly not available in practice. Thereby, the Court reproduces exclusionary reasoning that has shaped the European Convention on Human Rights since its inception. Y1 - 2022 UR - https://strasbourgobservers.com/2022/05/30/expanding-exceptions-aa-and-others-v-north-macedonia-systematic-pushbacks-and-the-fiction-of-legal-pathways/ ER - TY - JOUR A1 - Wriedt, Vera T1 - Rezension: The Prohibition of Collective Expulsion in International Law JF - Kritische Justiz Y1 - 2021 U6 - https://doi.org/10.5771/0023-4834-2021-2-247 SN - 0023-4834 VL - 54 IS - 2 SP - 255 EP - 259 PB - Nomos Verlag ER - TY - CHAP A1 - Costello, Cathryn A1 - Wriedt, Vera ED - Chetail, Vincent T1 - Regional Human Rights Courts T2 - Elgar Concise Encyclopedia of Migration and Asylum Law Y1 - 2025 U6 - https://doi.org/10.4337/9781802204155.00085 SP - 461 EP - 467 PB - Edward Elgar Publishing ER -