ABSTRACT

The chapter tackles the so-called European refugee crisis and vindicates the figure of the refugee as a political actor, rather than as passive recipient of state policies and humanitarianism analyzed under the frame of the Rancièrian police order. Hirvonen suggests the need to rethink the potentialities of human rights, in the back-and-forth movement and the dissensual stages in which they are put to the test. Hirvonen analyzes various refugee cases before the European Court of Human Rights, considering the risk that their claims might be simply neutralized in the context of court proceedings, and the possibility that they might not.