L’ONU e la sua influenza sugli standard europei di protezione di migranti, rifugiati e richiedenti asilo: il caso delle condizioni di accoglienza

Throughout modern history, the right to asylum has often been regarded as the symbol and foundation of human rights, so much so that it has been identified as the “right to have rights”. The protection of migrants, refugees, asylum seekers and beneficiaries of international protection has long been a subject governed by both universal and regional international instruments and is a fundamental guarantee that both the United Nations (UN) and the European Union (EU) seek to safeguard through their work and agencies. The EU and the UN have distinct but interrelated regimes to address migration and asylum. While the European Union focuses on regional coordination and specific policies within its Member States, the 1951 UN Convention Relating to the Status of Refugees provides a broader global framework for addressing migration issues and sets the standards for the development and drafting of European legislation. This paper aims at outlining the influence of the United Nations on the European Union asylum and migration system. In particular, the main focus is on the 2013/33/EC Reception Conditions Directive and on the evolution of regulatory frameworks, such as the Common European Asylum System (CEAS) and the adoption of strategic programs aimed at harmonizing asylum reception and managing migration flows, the very recent New Pact on Migration and Asylum being the ultimate example. These policies try to respond to various crises in migration, while striving to uphold fundamental rights and ensure effective protection of migrants.