Dismantling the Hostile Environment: “Small Boats”, Hegemonic Narratives, and the Fundamental Right to Seek Asylum

A significant consequence of the fabricated “hostile environment” toward refugees and asylum seekers in Europe has been the rise of exclusionary legislation targeting vulnerable individuals fleeing conflict and persecution. These policies increasingly obstruct the fundamental human right to seek asylum safely, forcing individuals to pursue alternative and unsafe routes in search of safety. 

This article seeks to act as a necessary reminder that the use of such unsafe methods to seek asylum violates human rights and leaves states complicit in the deaths of vulnerable individuals. It will do so specifically by dismantling the rhetoric of the hostile environment with reference to international instruments which exist to provide the legal right to seek asylum safely. It will subsequently offer a unique lens considering the specific and negative impact this brutal journey has upon women, only further invalidating the hostile environment from a rights-based perspective. 

Context 

The use of “small boats” – which has now become the polished terminology for what are essentially life-threatening dinghies – to cross the Mediterranean and reach Europe by those seeking asylum began to rise in the early 2000s but escalated sharply following the 2011 Arab Spring and subsequent conflicts in the Middle East and North Africa. 

Today, this route remains a key path for individuals attempting to exercise their right to seek asylum, primarily because safer options are inaccessible and often framed as illegal. This framing is a rhetorical tactic, central to sustaining the hostile environment that European states have constructed. For clarity, hostile environment policies refer to governmental measures across Europe designed to victimize and oppress undocumented migrants, people seeking asylum, and in some cases, even legal residents (as was the case with the Windrush Scandal in the UK). 

The International Organization for Migration (IOM) reports that between the start of 2018 and September 2024, at least 186 individuals have died attempting to cross the English Channel. Meanwhile, the annual number of migrant deaths and disappearances across the Mediterranean rose from 2,048 in 2021, to 2,411 in 2022, and to 3,041 by the end of 2023, including both the Eastern and Southern Mediterranean regions. 

These figures, as highlighted by the IOM’s Missing Migrants Project, are utterly abhorrent and underscore the urgent need for safer pathways for individuals fleeing conflict, destitution, and persecution to exercise their fundamental right to seek asylum. The increasing use of such routes to seek asylum also leads to a growing market for human trafficking and the exploitation of individuals left with no other options. 

The Human Right to Seek Asylum 

The right to seek asylum is enshrined in Article 14 of the Universal Declaration of Human Rights (UDHR), which states: 

“Everyone has the right to seek and to enjoy in other countries asylum from persecution.”

This right is further upheld by the 1951 Refugee Convention and its 1967 Protocol, which define the status of refugees and clarify the obligations of the 148 states that are parties to one or both instruments to protect them. A key aspect of the 1951 convention was that of the principle of non-refoulement which ensures that states cannot forcibly return individuals to situations where they may face persecution, torture, or harm. It underscores the commitment to protecting the rights and dignity of those fleeing danger. 

Thus, under international law, European states—being parties to the aforementioned legal instruments—are obligated to protect individuals seeking asylum and to provide safe and accessible routes for doing so. The current situation, where individuals are left with no alternative but to resort to dangerous ‘small boat’ crossings to exercise their fundamental right to asylum, is deeply troubling. It represents a clear violation of human rights, perpetuated by states that remain passive in the face of such risks. 

 Also Read: Crisis in Darfur: The Humanitarian Struggle and Escalating Gender-Based Violence

Women’s Experiences and Challenges 

Data from organizations that monitor migrant crossings of both the English Channel and the Mediterranean estimate that 70% to 90% of those making these perilous journeys are men. However, women and children are also aboard these boats, and women in particular face an added layer of vulnerability throughout their migration due to their gender. This vulnerability exposes them to heightened risks of exploitation, sexual violence, and trafficking, making their journey even more dangerous. Women making these dangerous small boat journeys often flee exploitation and sexual violence, only to face the same risks again during the asylum process. Rather than offering safety, the precarious conditions of these crossings often perpetuate the cycle of violence they are trying to escape. 

Since 2016, numerous reports have revealed the alarming reality of women giving birth on ‘small boats’ and rescue ships. This dangerous situation encapsulates just how profound the disregard for the safety and well-being of women, both physically and emotionally, is throughout the asylum process. 

It is important to note that while this article focuses specifically on one aspect of the migration experience for women—boat crossings—it acknowledges that women’s migration experiences are multi-faceted and extend beyond this single phase. The choice to concentrate on boat crossings stems from the limited understanding of the specific experiences of women arriving in the EU by small boats amongst policy makers and academics. Furthermore, there is a notable lack of statistics on the extent of gender-based violence and abuse throughout this stage of migration. This lack of knowledge and focus perpetuates the facade of a hostile environment, enabling a degree of ignorance among policymakers regarding the true extent of human rights violations affecting women and all migrants. 

Furthermore, while the discussion of risks faced by women during sea migration is often limited, when their stories are shared, women are frequently depicted solely as subordinate, exploited, and passive victims who depend on male companions and lack individual migration plans and political agency. This often frames their experiences within a hegemonic narrative of migration to Europe, where “the migrant” is typically imagined as young, able-bodied, and male—more an abstract figure than a real person. This narrow representation helps justify hostile environment policies and significantly contributes to the erasure of women’s agency and voices, obscuring the full complexity of their experiences and struggles.

Conclusions & Calls to Action 

This article has aimed to provide an overview of the fundamental human right to seek asylum, using this as a foundation to challenge the so-called ‘hostile environment’ and expose the barbaric and unlawful negligence of European states in allowing these conditions to persist. 

It has also applied a gendered perspective to the issue of small boat crossings, highlighting how the lack of safe asylum routes not only violates international law but perpetuates the cycle of violence from which many women are fleeing. In doing so, it has served as a call to action, emphasizing the illegal nature of Europe’s negligence in addressing small boat crossings and its failure to provide safe avenues for asylum seekers. It also urges academics, researchers, and policymakers to recognize the gendered dimensions of this crisis, as meaningful progress cannot be made without addressing the structural and cyclical violence faced by women.

Also Read: Recognizing the Difference Between Refugee Women and Men.