Human Rights in Limbo: A Human Rights Analysis of Religious Freedom Protections in European Asylum Centres

Abstract

Abstract This article examines the legal protections for religious freedom afforded to non- detained asylum seekers and refugees in European asylum centres, highlighting the gap between theoretical rights and practical implementation. Despite the fundamental right to freedom of religion or belief, asylum seekers often face coercion, verbal and physical attacks, and restrictions on their religious practices within these centres. The absence of regulations or guidelines exacerbates these problems, leaving operators in a legal grey area and the religious freedom rights of asylum seekers in limbo. The article also examines how the privatisation of refugee reception impacts human rights obligations and the dual nature of state responsibilities—both negative and positive—regarding religious freedom. It emphasises the necessity for the implementation of regulations and guidelines to guarantee the enforcement of religious freedom protections, with the objective of safeguarding the religious freedom rights of asylum seekers and refugees in European asylum centres.