Border Enforcement and Human Rights: A Critical Examination of Violence and International Obligations
DOI
Abstract
This critical analysis investigates instances of violence and human rights violations occurring at international borders, with a particular focus on the India-Bangladesh border, and examines the international legal and ethical perspectives to ensure the safety and protection of human rights. Despite the sovereign right of states to control their borders, international law mandates adherence to human rights principles, including the right to life, freedom from torture, and due process, even for individuals attempting irregular entry. This study synthesizes reports from human rights organizations, academic analyses, and media accounts to document the scale and nature of border-related fatalities and abuses. The findings reveal a persistent pattern of excessive force, torture, and extrajudicial killings by border security forces, particularly along the India-Bangladesh frontier, often in the context of preventing smuggling or illegal crossings. This research critically analyzes the justifications offered by states for such actions against the backdrop of international human rights law and humanitarian principles. It argues that current enforcement practices frequently contravene international obligations and undermine the safety of individuals. The study concludes by proposing a framework for international cooperation and accountability mechanisms to ensure that border management prioritizes human rights safety and adheres to ethical standards, advocating for non-lethal methods and transparent investigations of all alleged violations.
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References
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