Menschenschmuggel in die Schweiz

The dissertation addresses the question of whether Switzerland sufficiently takes into account the fundamental rights of smuggled migrants in its action against smuggling. In its first part, it examines the implementation of international legal obligations in the area of human smuggling and irregular migration, the legal sources of which can be found at the UN level, in the Schengen acquis, and in bilateral agreements. The second part deals with the fundamental rights implications of these measures. It addresses the question of the applicability of fundamental rights (protection) obligations abroad, the objective-legal duty to comply with them, and the prohibition of aiding and abetting cooperation with third countries. In addition, it is examined whether the smuggled persons can claim a right to remain in Switzerland on the basis of this very circumstance.