O’Flaherty’s concerns follow a push by Warsaw to reinterpret Article 33 of the UN Refugee Convention, which the government argues permits pushbacks when migrants use force at borders. Polish deputy interior minister Maciek Duszczyk has publicly championed these efforts, claiming credit for influencing the European Commission’s new emergency response framework. Commission president Ursula von der Leyen recently proposed this instrument to counter what she termed the “weaponization” of migration, a move Duszczyk celebrated on social media as a victory for the Polish approach.
While the specific mechanics of the Commission’s proposal remain thin, the alignment between Warsaw’s hardline stance and Brussels’ emerging policy has drawn sharp criticism from rights advocates. Duszczyk intends to press for formal derogations from existing asylum rules during the upcoming EU summit in Brussels this October. O’Flaherty cautioned that such shifts risk eroding the foundational principles of human rights that have governed the continent since 1945, urging officials to reconsider the long-term implications of prioritizing border security over established legal obligations.

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