Rethinking NGOs' freedom of association in the European migration context: emerging challenges of stigmatisation in the shadow of criminalisation

In the past two years, stigmatisation has increasingly been used across Europe to undermine the right to freedom of association of non-governmental organisations (NGOs) assisting migrants. The criminalisation of solidarity has been extensively studied, as in the case of search and rescue (SAR) NGOs operating in the Central Mediterranean. In contrast, this thesis attempts to understand the underlying causes and processes behind the rapid rise of stigmatisation, clarifying its specific forms and functions in the migratory context. After a theoretical overview of the right to freedom of association under international and European human rights law, this perspective is combined with comparative case studies to examine the preventive rationales that have evolved from criminalisation into administrative and financial measures. In this escalating landscape of repression, stigmatisation is related to but distinct from criminalisation. Drawing on Critical Legal Studies (CLS) approach, the thesis integrates legal analysis with insights from political theory and criminology to show how stigmatisation contributes to a broader hegemonic effort to reshape the public perception of migration. Within this dynamic, the traditional “Us” vs “Them” binary shifts into a triangular relationship. “Them” now refers to NGOs portrayed by the dominant national “Us” as a threat to borders and sovereignty, while migrants are relegated to be passive victims, depersonalised under the label of “Those”. As a result, NGOs are not merely delegitimised but, through violent and systemic stigmatisation, are prevented from operating and even existing. In a context marked by international paralysis and increasing authoritarianism in migration governance, the thesis formulates a series of strategic phases through which NGOs can reinforce and actively exercise the agonistic and political dimensions of their right to freedom of association.