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April 14, 2026Journal of Human Rights Practice0 citations

Ambivalent Oversight? Fundamental Rights Monitors Caught between Human Rights Witnessing and Deportations from the EU

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APAntonella Patteri

Key Points

  • This research examines the complex role of fundamental rights monitors during EU deportations and their impact on human rights.
  • Conducted interviews with fundamental rights monitors
  • Analyzed their experiences and challenges during deportation operations
  • Explored the implications of their oversight role and intervention abilities
  • Monitors experience tension between ensuring human rights and participating in deportation processes
  • They enhance visibility and document to influence changes, yet often lack sufficient power
  • Ambivalence in their role may lead to unintentionally facilitating deportations.

Abstract

Abstract Deportations can threaten the fundamental rights of those being forcibly removed, especially during their execution. On this account, Article 8(6) of the EU Return Directive requires Member States to set up effective systems to monitor deportations. This provision mandates monitors to act as third-party witnesses to observe that deportation operations respect human rights, without interfering with procedures. Through interviews with monitors, this article explores their ambivalent positioning as guardians of rights and facilitators of ‘more humane’ and efficient operations in the context of air deportations. Findings show that monitors often face tensions between their human rights oversight role and their implication in a process that is inhumane. While they play a crucial role in oversight—enhancing visibility, producing authoritative knowledge, contributing to the disruption of official narratives, and documenting to enable changes—their limited powers make them part of a system that can lead, in certain circumstances, to them facilitating deportations in practice. The article interrogates such ambivalence of monitoring, finally briefly noting the need for reconsidering mandates and intervention powers of monitors, as to empower deportees and further distance monitoring from state enforcement practices.

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Cite This Study

Antonella Patteri (2026) studied this question.

synapsesocial.com/papers/69ddd975e195c95cdefd6c37https://doi.org/10.1093/jhuman/huag004
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