Relevant bibliographies by topics / Right of asylum

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Right of asylum'

Author: Grafiati
Published: 4 June 2021
Last updated: 31 July 2024

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Journal articles on the topic "Right of asylum"

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Seatzu, Francesco. "On Some General Theoretical and Practical Questions Arising from the Application of the European Convention on Human Rights In Asylum Cases." Anuario Español de Derecho Internacional 25 (August 16, 2018): 501–19. http://dx.doi.org/10.15581/010.25.28335.

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I. INTRODUCTION. II. THE RIGHT TO BE FREE FROM PERSECUTION. III. THE APPLICABILITY OF THE ECHR TO ASYLUM CASES. 3.1. The Right to Life in Asylum Cases. 3.2. The Compatibility of Detention of Asylum Seekers with Article 5. 3.3. The Rights Of Asylum Seekers To Private And Family Life. 3.4. Freedom of Religion and Asylum Seekers. 3.5. Freedom of Association in Asylum Context. 3.6. The Rights Of Asylum Seekers To Marry And To Found A Family. 3.7. The Right Of Asylum Seekers To An Effective Remedy Before A National Authority. 3.8. The Incompatibility Of Discriminatory Measures With Article 14. 3.9. The Right Of Asylum Seekers To Property. IV. FINAL REMARKS.
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Roshi, Artela. "The right to asylum in Albania and policies against illegal migration." Optime 13, no. 2 (February 6, 2022): 217–34. http://dx.doi.org/10.55312/op.v13i2.370.

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The right to asylum in Albania is part of the fundamental human rights and freedoms sanctioned in the Constitution of Albania and the domestic legislation. Starting from the dark communist period of human rights in Albania, until today, the right to asylum has evolved continuously. This article will focus on an analysis of the right to asylum in the international legal framework and particularly in Albania, taking it along its development and focusing on the current sanctioning in the legislation of this right. The paper will shed light on the development of the right to asylum in the Albanian legislation, by analysing the dimensions of this right from the international and domestic legislation. For more, the treatment of asylum seekers has become an increasingly frequent subject of treatment by the European Court of Human Rights, during the implementation of the European Convention on Human Rights. The analyses of the European Court of Human Rights will help to understand the international obligations / standards in the field of asylum in Albania. In conclusion, the article will highlight the approach of the right to asylum provided in the Albanian legislation in the framework of its approximation with the internationally recognized standards.
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Nicolosi, Salvatore Fabio. "Re-Conceptualizing the Right to Seek and Obtain Asylum in International Law." International Human Rights Law Review 4, no. 2 (November 13, 2015): 303–32. http://dx.doi.org/10.1163/22131035-00402005.

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Over the past few years the issue of asylum has progressively become interrelated with human rights. Asylum-related stresses, including refugee flows and mass displacements, have mitigated the traditional idea of asylum as an absolute state right, in so far as international human rights standards of protection require that states may have the responsibility to provide asylum seekers with protection. Following this premise, the article argues that the triggering factor of such overturning is significantly represented by the judicial approach to the institution of asylum by regional human rights courts. After setting the background on the interrelation of asylum with human rights, this article conceptualises the right to asylum as derived from the principle of non-refoulement and to this extent it delves into the role of the two regional human rights courts, notably the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR), in order to explore whether an emerging judicial cross-fertilisation may contribute to re-conceptualisation of the right to asylum from a human rights perspective.
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Semyonova, Olga O. "To the Concept of Asylum. Right or Duty of the State?" Herald of Omsk University. Series: Law 17, no. 4 (December 28, 2020): 65–74. http://dx.doi.org/10.24147/1990-5173.2020.17(4).65-74.

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Introduction. The article is devoted to the concept and legal characteristics of asylum. The relevance of the topic is due to the eclectic character of the research available in the literature on this issue. Purpose. Definition of the concept of asylum, as well as research on whether asylum is a right or an obligation of the state. Methodology. The study of problems was carried out on the basis of scientific analysis and synthesis, formal-logical, system, comparative-legal methods, the method of interpretation of law, etc. The theoretical basis of the research is the scientific works of domestic and foreign legal scientists, practicing lawyers in the field of general theory of state and law, public international law, constitutional law of Russia and Germany. Results. Asylum should be considered in three aspects: as a legal institution, as a form of protection of human rights, and as a legal position. Asylum as a form of protection is the temporary territorial protection of fundamental human rights granted by the state to a refugee (as defined in the 1951 Convention relating to the status of refugees), whose main characteristics are security, dignity, fundamental human rights and freedoms, family unity and confidentiality. The human right to asylum as temporary protection is a fundamental human right. The provision of permanent protection and integration in the state of asylum is the sovereign right of states. Conclusion. For the effective functioning of the asylum system in Russia and to avoid conflicts in law enforcement practice, it is necessary to consolidate the concept of asylum at the legislative level. When improving the legal framework for granting asylum in Russia, it is necessary to take into account the following characteristics of the right to asylum in accordance with international standards and to provide legal guarantees for granting asylum on a temporary basis.
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Oudejans, Nanda. "The Right to Have Rights as the Right to Asylum." Netherlands Journal of Legal Philosophy 43, no. 1 (March 2014): 7–26. http://dx.doi.org/10.5553/njlp/221307132014043001002.

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Świrgoń-Skok, Renata. "Subjective and Territorial Scope of confugium ad ecclesias, and Christian Ideas." Studia Prawnicze KUL, no. 4 (December 31, 2019): 195–211. http://dx.doi.org/10.31743/sp.10614.

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Beginnings of asylum (asylum, ius asyli, confugium) in ancient Rome dates back to Romulus times. In subsequent periods of the development of the Roman state, the right of asylum was further developed and included in the norms of material and legal nature. In the Republic Period there were no comprehensive legal regulations regarding ius asyli, although temple asylum was known. It was only during the empire that legal regulation of asylum was in place and two of its forms were developed, confugium ad statuum (asylum, escape to the monument to the emperor) and confugium ad ecclesias (church asylum). That study focuses on answering the question of whether Christian ideas had an impact on the subjective and territorial scope confugium ad ecclesias. After the Edict of Milan in the year 313, Christianity, being able to worship publicly, began to influence the consciousness of the inhabitants of the empire. The Church was conceived as an institution protecting the weak, persecuted and those in need. The right of asylum was also enriched with some Christian elements, especially mercy (misericordia), in relation to individuals entitled to benefit from asylum protection. The territorial extent is also expanded to include places belonging to temples, such as the bishop’s house, cemetery and monasteries. An important novelty was the validity of confugium ad ecclesias in every Christian temple because it was not the emperor’s decision that was in force of ius asylum and the sanctity of the place. However, imperial constitutions played a more important role in shaping the right of asylum in the 4th and 5th centuries than the synodal legislation.
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García Cívico, Jesús. "Two-Lane Blacktop: Refugees & Torture." Age of Human Rights Journal, no. 8 (June 16, 2017): 49–66. http://dx.doi.org/10.17561/tahrj.n8.3.

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The right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, and the right of asylum have, individually considered, an extensive field of application", but it is possible to point out some traits in common. Firsty, in both rights undelie the moral spirit of the Universal Declaration of Human Rights. At the same time, according to the recent reports of the main human rights organisations, both rights are in deep political crisis. Furthermore, is possible to see that sometimes they cross each other: there is a triple «zone of intersection between the right of asylum and the right not to suffer torture, inhuman or degrading treatment: one of the reasons for escaping from a country is to avoid suffering torture ("refuge after torture") secondly, sometimes inhuman and degrading treatment occur precisely in the process of seeking asylum ("inhuman treatment in the refuge"), finally, there are countries with strong deficiencies in their immigration policies and this can produce a perverse effect: the transfer of potential asylum seekers to countries where they are at risk of torture or inhuman treatment again ("torture or inhuman and degrading treatment after asylum").
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Gammeltoft-Hansen, Hans, and Thomas Gammeltoft-Hansen. "The Right to Seek – Revisited. On the UN Human Rights Declaration Article 14 and Access to Asylum Procedures in the EU." European Journal of Migration and Law 10, no. 4 (2008): 439–59. http://dx.doi.org/10.1163/157181608x380219.

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AbstractThis article compares the "right to seek and enjoy asylum" enshrined in Art. 14 of the Universal Declaration of Human Rights with the current EU policy developments to "externalize" or "extraterritorialise" migration control and refugee protection. Examining the genesis of Art. 14 during the negotiations of the Universal Declaration, it is argued that while Art. 14 clearly falls short of granting a substantive right to be granted asylum, its formulation was intended to maintain a procedural right – the right to an asylum process. While the Universal Declaration is not a legally binding instrument, going back to the fundamental norms expressed herein nonetheless provides an important starting point for evaluating current policies, especially in light of recent critiques against overly expansive interpretation of human rights law. As such, the article concludes that the current EU policies to shift migration control and refugee protection away from Europe in important respects contravenes "the right to seek asylum" as it was conceived exactly 60 years ago.
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Brouwer, Evelien, and Frederik Zuiderveen Borgesius. "Access to Personal Data and the Right to Good Governance during Asylum Procedures after the cjeu’s YS. and M. and S. judgment (C-141/12 and C-372/12)." European Journal of Migration and Law 17, no. 2-3 (June 24, 2015): 259–72. http://dx.doi.org/10.1163/15718166-12342080.

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In the YS. and M. and S. judgment, the Court of Justice of the European Union ruled on three procedures in which Dutch judges asked for clarification on the right of asylum seekers to have access to the documents regarding the decision on asylum applications. The judgment is relevant for interpreting the concept of personal data and the scope of the right of access under the Data Protection Directive, and the right to good administration in the eu Charter of Fundamental Rights. At first glance, the judgment seems disappointing from the viewpoint of individual rights. Nevertheless, in our view the judgment provides sufficient grounds for effective access rights to the minutes in future asylum cases.
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BENALI, Djamila. "PROTECTION OF THE RIGHT OF ASYLUM IN INTERNATIONAL LAW." RIMAK International Journal of Humanities and Social Sciences 03, no. 03 (March 1, 2021): 152–62. http://dx.doi.org/10.47832/2717-8293.3-3.13.

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The question of asylum was considered a key issue in the International Code of charters and the Code of Human Rights. It is a human right enshrined in international conventions and confirmed by regional conventions. The 1951 Convention for the Protection of Refugees and the 1967 Protocol relating to Refugees constitute a fundamental reference for the protection of the right of asylum. In addition, international humanitarian law has also contributed to the protection of the right of asylum through the provisions of the Fourth Geneva Convention of 1949.
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Dissertations / Theses on the topic "Right of asylum"

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Kuosmanen, Jaakko Niilo. "Right to asylum and its protection." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6454.

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The topic of this thesis is justice and asylum. The central argument in the thesis is that citizens of all states have a moral right that entitles them to asylum in certain circumstances of deprivation. The right to asylum can be understood as a general derivative right, and it is grounded in the more fundamental entitlement to basic needs. More specifically, I argue that all persons whose basic needs are insufficiently protected in their home states have the right to asylum when they cannot be assisted with other remedial instruments by the international community within a reasonable timeframe. By using the right to asylum as a normative evaluative standard, I also argue that the existing refugee protective institutions are morally unsatisfactory, and that a 'moral refugee regime' should be established to replace the current protective institutions. Then the questions becomes, what specific form these institutions should take. In the thesis I focus primarily on one institutional proposal, 'the tradable quota scheme', and its ethical dimensions. I defend the tradable quota scheme against several lines of criticism, and suggest that the scheme constitutes a normatively viable alternative for the existing institutional framework. Finally, I examine obligations in the protection of the right to asylum in circumstances of partial compliance. I conclude that the citizens of complying states have the obligation to 'pick up the slack' and assist those bearers of the right to asylum who are unjustly denied assistance by the non-complying states.
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Karlén, Anna. "The right to seek asylum and the common European asylum system." Thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-127650.

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Kirby, Larry Joseph. "Sanctuary the right of asylum in the Corpus iuris canonici /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Mweni, Sabelo Kenneth. "The right to education of asylum seeker and refugee children." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/27907.

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This research reviews the application of the law on the right of refugee children to education and the challenges inhibiting this right. Radical changes in the legal framework protecting refugee children's right to education has occurred since South Africa became a democratic state in 1994. The enactment of international law into the 1994 Constitution contributed into the protection of various children right and insured equal access into the education system. However, refugee children have been prejudiced in the right to access education based on numerous challenges. The lack of access education for refugee children is an unconstitutional practice in schools rather than a legislative injustice. This paper uses journal reports, newspaper articles, academic writing on both national and international perspective on the infringement of education rights on refugee children. The findings provide clarity on unconstitutional practices and the legal standpoint on such practices. The right to education constitutes a valuable foundation for integration. South Africa is obligated by both national and international law to provide immediate education to refugee children.
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López, Åkerblom Alicia. "Frontex and the right to seek asylum - A critical discourse analysis." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23480.

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The European Union’s border control agency, Frontex, was established in 2004. Since its founding it has received ongoing critique from international human rights organizations stating that it prevents people from claiming their right to seek asylum. Therefore, the aim of this study is to understand how Frontex legitimizes its approach to the management of the union’s external borders in relation to the right to seek asylum. The theoretical framework of the thesis consist of Michel Foucault’s theories of power and knowledge structures in institutional discourse, which helps understand how the discourse is determined by power relations and consequently how Frontex legitimizes its work. A critical discourse analysis was conducted following Norman Fairclough’s three-dimensional model. The model consist of a text analysis, an interpretation and a contextualization of the text. The material analyzed is a report produced by Frontex to the Office of the United Nations High Commissioner for Human Rights.The results show that Frontex describes its relation to human rights with words that have a positive connotation such as ‘protect’ and ‘respect’, and at the same time aim to legitimize its work in technical terms of ‘development’ and ‘effectiveness’. The results indicate that the knowledge produced in the report dehumanizes migrants and asylum seekers in order for Frontex to treat migration as a legal and technical issue. Furthermore, Frontex partially legitimizes its work by regularly referring to the UN and other NGO’s while emphasizing their previous support of the institution’s work. These power relations influence how Frontex chooses to discursively legitimize its work in respect to human rights. The results of this study only reflect Frontex’s legitimization in the aforementioned report and cannot be generalized to the whole institution. However, it contributes to the knowledge which may improve the situation for those in need to exercise their right to seek asylum.
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Babo, Markus. "Kirchenasyl - Kirchenhikesie : zur Relevanz eines historischen Modells im Hinblick auf das Asylrecht der Bundesrepublik Deutschland /." Münster ;Hamburg [u.a.] : Lit, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/339833645.pdf.

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Da, Lomba Sylvia. "Law reform proposals for the protection of the right to seek refugee status in the European Community." Thesis, University of Glasgow, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340292.

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Rogowicz, Eva. "Asyl- und Flüchtlingsrecht : ein Vergleich des materiellen Asyl- und Flüchtlingsrechts sowie ausgewählter Aspekte des Asylverfahrensrechts in den Ländern Deutschland und Polen unter Berücksichtigung der Entwicklung einer europäischen Asyl- und Flüchtlingspolitik /." Hamburg : Kovac, 2009. http://swbplus.bsz-bw.de/bsz288515331cov.htm.

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Woloshyn, Donald Frederick. "Canadian compliance with international law respecting the right of asylum of refugees." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66024.

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Browne, Ruth Hannah. "The right to education for refugees and asylum-seekers in South Africa." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4684.

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Books on the topic "Right of asylum"

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Hatton, T. J. European asylum policy. Bonn, Germany: IZA, 2005.

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Library of Congress. Congressional Research Service, ed. European asylum and migration issues. [Washington, D.C.]: Congressional Research Service, Library of Congress, 1992.

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Suhrke, Astri. Safeguarding the right to asylum. Fantoft, Norway: Chr. Michelsen Institute, Dept. of Social Science and Development, 1992.

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Krieken, Peter J. van. Apostasy & asylum. Lund: Raoul Wallenberg Institute, University of Lund, 1993.

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D, Berruti, and Associazione per la pace, eds. Kurds in Europe: From asylum right to social rights. [Rome?: Associazione per la pace Onlus], 2002.

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Hawkins, Freda. The asylum-seekers. Toronto, Ont: Canadian Institute of International Affairs, 1994.

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Hawkins, Freda. The asylum-seekers. Toronto, Ont: Canadian Institute of International Affairs, 1994.

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International, Amnesty. Europe: Human rights and the need for a fair asylum policy. New York, N.Y: Amnesty International USA, 1991.

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United States. Congress. House. Committee on Foreign Affairs. The case of Miroslav Medvid: Hearing and markup before the Committee on Foreign Affairs and its Subcommittee on Europe and the Middle East, House of Representatives, Ninety-ninth Congress, second [i.e. first] session, on H. Res. 314, November 7, 1985. Washington: U.S. G.P.O., 1986.

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Peace, Palace Library (Hague Netherlands). The right of asylum: Selective bibliography. The Hague: Peace Palace Library, 1989.

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Book chapters on the topic "Right of asylum"

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Tiedemann, Paul. "Right to Asylum." In Springer Textbooks in Law, 295–311. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-42262-2_16.

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Tiedemann, Paul. "Right to Asylum." In Springer Textbooks in Law, 305–22. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-32292-1_16.

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Winter, Bronwyn. "The Right to Asylum." In Reform, Revolution and Crisis in Europe, 208–30. New York, NY: Routledge/Taylor & Francis Group, 2020. | Series: Routledge studies in cultural history; 80: Routledge, 2019. http://dx.doi.org/10.4324/9780367815004-11.

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Chamie, Joseph. "Right to Asylum: Bye-Bye." In Population Levels, Trends, and Differentials, 359–61. Cham: Springer Nature Switzerland, 2022. http://dx.doi.org/10.1007/978-3-031-22479-9_79.

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Danisi, Carmelo, Moira Dustin, Nuno Ferreira, and Nina Held. "The Asylum Claim Determination." In IMISCOE Research Series, 259–330. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69441-8_7.

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AbstractPublic international law and, more specifically, international human rights law protect the right to access an asylum determination procedure and the principle of non-refoulement, as established in Chap. 10.1007/978-3-030-69441-8_3. Some would argue that asylum should not be seen by states as their own prerogative, but rather as a fundamental human right (Díaz Lafuente, 2014, pp. 206–207). How the right to access to asylum determination and the principle of non-refoulement are implemented varies from country to country, including within the EU, as discussed in Chap. 10.1007/978-3-030-69441-8_4. Chapter 10.1007/978-3-030-69441-8_6 dissected the different procedures adopted to adjudicate SOGI claims of international protection in Germany, Italy and the UK. In this chapter, we focus on the decision itself by analysing the Refugee Status Determination (RSD) process in the three countries studied. In the process, we highlight similarities and differences, merits and shortcomings, and often inconsistencies with supranational and international standards.
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Kirkwood, Steve, Simon Goodman, Chris McVittie, and Andy McKinlay. "Asylum-Seekers and the Right to Work." In The Language of Asylum, 99–120. London: Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1007/978-1-137-46116-2_7.

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Neil, David, and Michelle Peterie. "Asylum seekers, healthcare, and the right to have rights." In Regulating Refugee Protection Through Social Welfare, 181–99. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003298595-13.

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Liodden, Tone Maia. "Making the Right Decision: Justice in the Asylum Bureaucracy in Norway." In Asylum Determination in Europe, 241–62. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-94749-5_12.

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Neumann, Klaus. "The Right to Asylum: A Hidden History." In History, Historians and the Immigration Debate, 191–208. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-97123-0_11.

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Churruca-Muguruza, Cristina, Anca Cretu, and Gorka Urrutia-Asua. "COVID-19 and Asylum Rights." In International Series on Public Policy, 189–206. Cham: Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-52096-9_11.

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AbstractMost countries in Europe and around the world adopted a vast array of measures and, especially during the first stages of the pandemic, many had a marked punitive and coercive nature. Governments used states of exception to curtail the rights of migrants and asylum seekers with a certain degree of impunity. In this context, the aim of this chapter is to explore the impacts of the COVID-19 pandemic, with a focus on the experiences of migrants and asylum seekers in the European Union (EU). To do so, it first discusses the main policy responses in the EU context and their implications for fundamental rights, specifically for the right to asylum. Then, special emphasis is given to the European Southern border, a critical intersection that illustrates the challenges and dilemmas faced by EU Mediterranean states in balancing public health priorities and human rights responsibilities. The chapter specifically focuses on the case study of the Spanish city of Melilla. Here, the merging of pandemic measures, border control and the treatment of vulnerable populations becomes visible, offering insights into the broader socio-political implications of the pandemic.
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Conference papers on the topic "Right of asylum"

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Čepo, Marina. "DETENTION OF ASYLUM SEEKERS THROUGH THE PRACTICE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON THE EXAMPLE OF THE REPUBLIC OF HUNGARY AND THE PERSPECTIVES OF THE NEW PACT ON MIGRATION AND ASYLUM." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18301.

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Restrictions on freedom of movement, in particular the detention of asylum seekers as the most severe form of such restrictions, constitute an interference with fundamental human rights and must be approached with particular care. In view of the migration and refugee crisis, the Republic of Hungary has begun to amend its asylum legislation, thus tightening the conditions for the detention of asylum seekers. The introduction of the provision establishing that asylum may be sought only in transit zones has also led to the gradual detention of asylum seekers in transit zones, which Hungary did not consider as detention. This issue was brought before the Court of Justice of the European Union (hereinafter: CJEU), which drastically changed the path taken by the Hungarian government when it comes to detaining asylum seekers. What the CJEU has found is that leaving people in transit zones without the right to free movement is to be considered detention, even though they are not specialized detention facilities. The CJEU ordered that such a practice must cease immediately. Therefore, this paper will examine the Hungarian practice following the judgment of the CJEU. The CJEU has taken a major step towards protecting the rights of asylum seekers as regards detention, and the EU recently adopted amendments as part of the new Pact on Migration and Asylum aimed at improving the existing asylum system. The second part of the paper analyzes the provisions of the new Pact on Migration and Asylum related to detention in order to determine whether the proposed amendments contribute to the Common European Asylum System and the protection of the human rights of asylum seekers or represent a step backwards.
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Mersinaj, L. "ASYLUM AS A FUNDAMENTAL RIGHT AND INTERNATIONAL DEFENSE INSTRUMENTS." In VI International Youth Conference "Perspectives of Science and Education". Prague: Premier Publishing s.r.o., 2019. http://dx.doi.org/10.29013/vi-conf-usa-6-166-171.

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Kurapka, Vidmantas Egidijus, Henryk Malewsky, Snieguole Matuliene, and Rolandas Kriksciunas. "HATE CRIMES: TRENDS IN LITHUANIA." In 9th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2022. SGEM WORLD SCIENCE, 2022. http://dx.doi.org/10.35603/sws.iscss.2022/s02.009.

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Human dignity is inviolable. It must be respected and protected. Everyone has the right to respect for his or her physical and mental integrity. [1] Hate crimes are crimes motivated by racial, ethnic, or religious hatred or hostility. Media regularly reports violence against certain ethnic groups. Lithuania, like other EU countries, applies EU law directly or transposes it into national law. These changes have also had an impact on the fight against hate crime, as this type of crime has received increasing attention from the international community in recent years. Crimes of this sort not only cause physical and mental suffering or economic loss but also lead to changes in relations between different social groups, mistrust, suspicion, and hostility. These crimes can also lead to armed conflicts, forcing many people to flee their homes and seek asylum abroad. The increase in the number of victims of these crimes is a breeding ground for radical extremism and even terrorism. Countries work on improving laws criminalising hate crimes. Over the course of writing the present article, the author held meetings with representatives of the Jewish and sexual minority (LGBT) communities, conducted 35 indepth interviews with representatives of each group, and examined the EU and Lithuanian case law. Possible hate incidents recorded in the study range from verbal abuse to assault and knife stabbing. It has been found that people belonging to the Jewish and LGBT communities feel hostility not only from strangers but also from co-workers and peers. The Jewish community daily face anti-Semitic stereotypes and jokes, whether spoken directly to them or behind their backs. LGBT people also experience hatred from family members and relatives who not only stop communicating with them upon learning about their sexual orientation but also make insulting comments.
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Čučković, Bojana. "EU ASYLUM SYSTEM IN AND AFTER THE COVID-19 PANDEMIC: DISCLOSING THE WEAKNESSES OF THE CURRENT RULES AND ASSESSING THE PROSPECTS OF THE NEW PACT ON MIGRATION AND ASYLUM." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18297.

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The paper analyses the influence that the Covid-19 pandemic has had on the functioning of the European asylum system. The analysis is divided into three parts and addresses problematic issues associated with different stages of the pandemic. In the first part of the paper, the author outlines the asylum practices of EU Member States in the initial stage of the Covid-19 pandemic during which the pandemic was perceived as a state of emergency. By exploring the legal possibilities to derogate both from the EU asylum rules and international human rights standards, the author offers conclusions as regards limits of derogations and the legality of Member States’ practices, especially their failure to differentiate between rules that are susceptive of being derogated in emergency situations and those that are not. The second part of the paper analyses the current phase of the pandemic in which it is perceived as a 'new normal' and focuses on making the EU asylum system immune to Covid-19 influence to the greatest extent possible and in line with relevant EU and human rights rules. The author insists on the vulnerability as an inherent feature of persons in need of international protection and researches upon the relationship between the two competing interests involved – protection of asylum seekers and ensuring public health as a legitimate reason for restricting certain asylum seekers’ rights. The final part of the paper analyses the prospects of the future EU asylum system, as announced by the New Pact on Migration and Asylum in September 2020, to adapt to the exigencies of both the current Covid-19 crisis and pandemics that are yet to come. With an exclusive focus on referral to Covid-19 and provisions relevant for the current and future pandemics, the author criticizes several solutions included in the instruments that make up the Pact. It is concluded that the Pact failed to offer solutions for problems experienced during the Covid-19 pandemic and that, under the pretext of public health, it prioritizes the interests of Member States over the interests of applicants for international protection.
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SLIME, Soulef. "TYPES OF RIGHTS FOR REFUGEES." In International Research Congress of Contemporary Studies in Social Sciences (Rimar Congress 2). Rimar Academy, 2021. http://dx.doi.org/10.47832/rimarcongress2-5.

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International protection of refugees is one of the most important issues both at the domestic level of States and at the international level. Refugee protection is a human rights issue, but it is unique to refugee because of their status in the asylum State. As a result, many of the rights enjoyed by the latter within the framework of the so-called international protection of refugee, as enshrined in the 1951 United Nation Convention on refugees, as well as human rights charters, have been recognized.
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Zada, Khamami. "Collaborative Protection of Rohingya's Muslim Asylum Seekers in North Aceh." In 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclj-17.2018.8.

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Simović, Miodrag N., and Jelena Kuprešanin. "PROTECTION OF HUMAN RIGHTS IN BOSNIA AND HERZEGOVINA- MIGRATION MANAGEMENT CHALLENGES IN SOCIETY RECOVERING FROM THE COVID-19 PANDEMIC." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22444.

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Migration management, among others, is one of the challenges Bosnia and Herzegovina and the Western Balkan countries have faced in recent years. The uncertain and complex situation has been exacerbated by the corona virus pandemic, and existing material and human resources are now focused on repairing its consequences. The end of the pandemic remains uncertain, social problems are becoming more complex, and systemic support is needed for a growing number of different vulnerable categories in the country. The protection of human rights and fundamental freedoms is imperative, especially in times of crisis. Although significant activities have been implemented, they are still insufficient to adequately respond to migration management. The support of the international community remains necessary. Multisectoral action, coordination and sharing of experiences should be intensified. The European Commission’s 2021 Report for Bosnia and Herzegovina pointed to very limited progress in migration and asylum management and the need to significantly improve this area, ensure effective coordination and provide sufficient and adequate accommodation capacity. The response to the crisis during the outbreak of COVID-19 was assessed as satisfactory by the European community, and greater spread and more severe consequences for the migrant population were prevented. According to some reports, the rights of minorities and asylum seekers continue to be a serious concern for human rights in Bosnia and Herzegovina. Unaccompanied children face specific challenges and vulnerabilities, and their protection and adequate response to their needs is one of the priorities for future action. Media coverage of migrants needs to be reviewed and directed in a way that is in line with the human rights of vulnerable categories and advocating the necessity of their protection. The media is one of the key links in monitoring the protection of human rights, but also in focusing on areas that require urgent action. Preventive activities should become an integral part of the strategic directions of local and national governments, and the support of the international community, cooperation, adequate assessment and protection of the best interests of all citizens are a prerequisite for social security in Bosnia and Herzegovina.
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Agus, Alamsyah, Intan Slipi Lia, and Muh Akbar. "The Role of Social Worker in the Context of Refugees and Asylum Seekers Rights in Indonesia." In International Conference Recent Innovation. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0009930103320339.

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Дехканова, Жылдыз Ахматовна, and Чынгыз Мурадельевич Бегимкулов. "LEGAL STATUS OF REFUGEES AND DISPLACED PEOPLE." In Место науки и образования в модернизации и реформировании современного общества: сборник статей международной научной конференции (Тюмень, Июнь 2023). Crossref, 2023. http://dx.doi.org/10.58351/230627.2023.93.51.002.

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В научной статье раскрывается сущность понятий «беженец» и «вынужденный переселенец». По праву, каждое государство само определяет условия предоставления гражданства, права иностранцев, лиц без гражданства, беженцев, условия и порядок предоставления убежища. Вместе с тем каждое государство должно учитывать международно-правовые документы, в которых так или иначе затрагиваются различные аспекты правового статуса указанных категорий индивидов. The scientific article reveals the essence of the concepts of "refugee" and "forced migrant". By law, each state itself determines the conditions for granting citizenship, the rights of foreigners, stateless persons, refugees, the conditions and procedure for granting asylum. At the same time, each state must take into account the international legal documents, which in one way or another affect various aspects of the legal status of these categories of individuals.
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Majić, Helena. "THE CROATIAN CONSTITUTIONAL COURT AND THE EU CHARTER OF FUNDAMENTAL RIGHTS: A LIMBO BETWEN THE CHARTER, THE ECHR AND NATIONAL CONSTITUTION." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18304.

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The Charter of Fundamental Rights of the European Union has been applied directly by the Croatian Constitutional Court since the decision No. U-I-1397/2015 (Act on Elections of the Representatives to the Croatian Parliament) rendered in 2015. Ever since it can be observed that the Charter has been consistently applied both in the proceedings of constitutional review in abstracto and in the proceedings initiated by a constitutional complaint (constitutional review in concreto), however, in a limited number of cases mostly concerning migrations or asylum.Therefore, this paper analyses the application of the Charter in the case law of the Croatian Constitutional Court and the method of interpretation pursued, with special reference to both its shortcomings and benefits. The paper also investigates the reasons for limited application of the Charter, even in those cases which would normally fall under the scope of application of EU law. The analysis indicates two distinct methodological approaches adopted by the Constitutional Court. The first one, where the Charter has been regarded as an interpretative tool only; and the second one, where the Charter has been found to be directly applicable vis-à-vis individual rights inferred from the EU law. The latter approach, first followed in an asylum case No. U-III-424/2019 (X. Y.), had raised new questions on interpretation of the Charter (with respect to the Croatian constitutional framework) in the cases where the Charter's applicability ratione materiae overlaps with the Croatian Constitution and the (European) Convention for the Protection of Human Rights and Fundamental Freedoms, which to the day, in contrast to the Charter, has been consistently followed and therefore legally internalised by the Croatian Constitutional Court. Therefore, the paper also elaborates a new methodological approach adopted by the Croatian Constitutional Court in finding a way out of „limbo“ between the Charter, the ECHR, and the Croatian Constitution.
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Reports on the topic "Right of asylum"

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Papastergiou, Vasilis. Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants. Oxfam, Greek Council for Refugees, November 2021. http://dx.doi.org/10.21201/2021.8250.

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Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.
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Rohwerder, Brigitte. The Right to Protection of Forcibly Displaced Persons During the Covid-19 Pandemic. Institute of Development Studies (IDS), August 2021. http://dx.doi.org/10.19088/ids.2021.052.

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The unprecedented shutdown of borders and restrictions on migration in response to the Covid-19 pandemic have put the core principles of refugee protection to test and resulted in the erosion of the right to asylum and violations of the principle of non-refoulment (no one should be returned to a country where they would face torture; cruel, inhuman or degrading treatment; or punishment and other irreparable harm). Covid-19 is being used by some governments as an excuse to block people from the right to seek asylum and implement their nationalist agendas of border closures and anti-immigration policies.
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Kafkoutsou, Natalia-Rafaella, and Spyros-Vlad Oikonomou. Diminished, Derogated, Denied: How the right to asylum in Greece is undermined by the lack of EU responsibility sharing. Greek Council for Refugees; Oxfam, July 2020. http://dx.doi.org/10.21201/2020.6256.

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Ferreira, Nuno, Judith Townend, William McCready, Erika Carrière, Hannah Farkas, and Samantha Robinson. Developing a cost-free legal advice service for asylum seekers and migrants in Brighton and Hove. University of Sussex Migration Law Clinic, November 2022. http://dx.doi.org/10.20919/wptu7861.

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In 2018, a team of University of Sussex undergraduate law students working under the supervision of academic staff, conducted the Migration Law Clinic Pilot Study. This was in response to growing and grave concerns about the lack of availability of legal support and services for those seeking asylum and other forms of leave to remain in the UK. These concerns have only heightened in the intervening period: most recently, in response to the government’s publication of a draft Bill of Rights to repeal and replace the Human Rights Act 1998, which would make it much more difficult for potential deportees to rely on Article 8 of the European Convention on Human Rights (ECHR) to prevent removal and might have a wider impact on the rights and status of vulnerable groups of migrants in the UK; and, among other initiatives, the government’s intention to involuntarily relocate asylum seekers to Rwanda, which will then be responsible for processing the asylum claim and for providing asylum in successful cases. The purposes of the study were: i) To better understand some of the challenges faced by asylum seekers and vulnerable migrants living in Brighton and Hove when applying for asylum, and other forms of leave to remain and leave to enter. ii) To identify the extent and reasons for any shortfall in cost-free immigration and asylum law advice and representation in Brighton and Hove. iii) To gauge whether there was demand for additional free legal advice in the form of a university law clinic, specialising in immigration and asylum law. The team undertook a review of the legal framework that governs the provision of legal aid for immigration and asylum law matters and of relevant academic commentary on its impact. The team also gathered new empirical data based on interviews with a range of local stakeholders. This report sets out the team’s findings, describes how it informed the development of the clinic, and makes recommendations both for the further development of the Clinic and for changes to the provision of legal aid. Finally, it offers advice to other universities contemplating setting up their own clinic in this area.
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Uzelac, Ana. The Real Common Interest: The converging EU and North African migration agendas – where do people’s interests come in? Oxfam, October 2020. http://dx.doi.org/10.21201/2020.6553.

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For too long the EU’s migration policies have ignored the priorities of the countries it partners with for the sake of its own border security and domestic priorities. These have permeated the domestic migration and asylum policies of the Maghreb countries it supports, including Tunisia and Morocco, in a convergence of national interests of states, at the cost of people’s interests. The EU’s cooperation with its neighbours should encourage a real common interest: protecting people and fulfilling their rights.
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Fernández de la Reguera Ahedo, Alethia. Working paper PUEAA No. 17. Asylum seeking African families in transit through Mexico: between border controls and international protection. Universidad Nacional Autónoma de México, Programa Universitario de Estudios sobre Asia y África, 2023. http://dx.doi.org/10.22201/pueaa.002r.2023.

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African migrants in Mexico are migratory flows that have been less studied than migration from Latin America (Cinta Cruz, 2020). In the last five years, migrants from 35 different African countries were detained in Mexico. Although arrests of African persons are much lower than in the case of Central American countries, on average, between 6 and 19 African persons are detained per day. It is essential to know their mobility patterns, identify their international protection needs, and the main obstacles they face, whether to cross into the United States or to remain in Mexico as refugees (Narváez Gutiérrez, 2015). In addition, these populations are often highly stigmatized and exposed to face racism and institutional violence when they contact Mexican authorities (Immigration, 2021). In this working paper, my objective is to present some data on the migration of African people in Mexico after the arrival of caravans in 2018 and to reflect on the impact of a global discourse that stereotypes migrants as criminals or sick people in the access to human rights of African asylum seekers in Mexico and on the effects of a growing tendency to treat migrants as beneficiaries of temporary humanitarian aid rather than as subjects of rights.
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Leão Varela, Ana, and Teresa Rodrigues. Two sides of the same mirror: the point of view of implementers and recipients of public reception and integration policies, on the access to basic and public resources during COVID-19 pandemic of asylum seekers and refugees. IPRI-NOVA, March 2023. http://dx.doi.org/10.23906/wp64/2023.

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We argue that crisis triggered by COVID-19 increased pre-existing vulnerabilities in what concerns to minorities’ access to basic and public social resources in receiving countries, taking the Portuguese reality as an example. Our conclusions are based on the investigation made under the scope of the PPEACE project (Public Policies and Reception of Foreign Citizens Project), which aims to contribute to scientific advance in public policies and to propose better-informed policy options for the reception of asylum seekers and refugees. Based on the results of 180 questionnaires applied from October 2020 to February 2021, to asylum seekers and refugees, public entities, and NGO representatives we confront migrants’ perceptions/experiences and service providers’ needs and views. Through their eyes we try to discuss the impact that the pandemic had on public policies for reception and integration, the obstacles upraised to guaranteeing the access of this vulnerable individuals to public resources, satisfaction of basic needs, and the most affected dimensions of their daily life. The results of our empirical study reveal that the perceptions of recipients and implementers of public policies in times of pandemic are two sides of the same mirror and differ considerably. Differences are substantial between receivers and givers but with no significant or fracturing discrepancies. In this sense, this methodologic exercise reinforces the importance of participatory processes for better understanding the impacts of public policies on vulnerable groups, on the access to fundamental rights and satisfaction of basic needs.
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Wærp, Eline. ‘Shifting Borders’ and Shifting Responsibility? Towards a More Just Model of Global Mobility MIM Working. Malmö University, 2022. http://dx.doi.org/10.24834/isbn.9789178772902.

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This working paper critically examines Ayelet Shachar’s (2020) concept of the ‘shifting border’ and the solutions she proposes to tackle this recent phenomenon, pointing out potential gaps, inconsistencies and unintended consequences of letting legal responsibility follow states’ ‘shifting borders’. Instead, the paper argues for the need to deterritorialize the right to asylumin order to prevent states from retracting back from or shifting out their responsibilities for refugees and migrants, and to question and ultimately relax our current state-imposed mobility controls which have come to be largely taken for granted, even among migration and border scholars.
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Lucas, Brian. Lessons Learned about Political Inclusion of Refugees. Institute of Development Studies, May 2022. http://dx.doi.org/10.19088/k4d.2022.114.

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Most refugees and other migrants have limited opportunities to participate in politics to inform and influence the policies that affect them daily; they have limited voting rights and generally lack effective alternative forms of representation such as consultative bodies (Solano & Huddleston, 2020a, p. 33). Political participation is ‘absent (or almost absent) from integration strategies’ in Eastern European countries, while refugees and other migrants in Western Europe do enjoy significant local voting rights, stronger consultative bodies, more funding for immigrant organisations and greater support from mainstream organisations (Solano & Huddleston, 2020a, p. 33).This rapid review seeks to find out what lessons have been learned about political inclusion of refugees, particularly in European countries.In general, there appears to be limited evidence about the effectiveness of attempts to support the political participation of migrants/refugees. ‘The engagement of refugees and asylum-seekers in the political activities of their host countries is highly understudied’ (Jacobi, 2021, p. 3) and ‘the effects that integration policies have on immigrants’ representation remains an under-explored field’ (Petrarca, 2015, p. 9). The evidence that is available often comes from sources that cover the entire population or ethnic minorities without specifically targeting refugees or migrants, are biased towards samples of immigrants who are long-established in the host country and may not be representative of immigrant populations, or focus only on voting behaviour and neglect other forms of political participation (Bilodeau, 2016, pp. 30–31). Statistical data on refugees and integration policy areas and indicators is often weak or absent (Hopkins, 2013, pp. 9, 28–32, 60). Data may not distinguish clearly among refugees and other types of migrants by immigration status, origin country, or length of stay in the host country; may not allow correlating data collected during different time periods with policies in place during those periods and preceding periods; and may fail to collect a range of relevant migrant-specific social and demographic characteristics (Bilgili et al., 2015, pp. 22–23; Hopkins, 2013, p. 28).
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Berggren, Erik, ed. Migration and democracy. Linköping University Electronic Press, June 2024. http://dx.doi.org/10.3384/9789180753036.

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This report is made by students at the International Master’s Programme in Ethnic and Migration Studies (EMS), Campus Norrköping, Linköping University (LiU). At the end of the first year of the Programme, students take the course “Critical Cases in Ethnic and Migration Studies” with Erik Berggren as Course Coor­dinator. In this course the students apply their knowl­edge and experiences in Ethnic and Migration studies to produce their own articles on a given theme. This year´s theme is “Migration and Democracy” sparked by recent moves towards more restrictive and punitive migration policies around the world, including Sweden. This development gives reasons to look into questions of democracy in connection to migration policy, at migrants (immigrants, refugees, and asylum seekers) inclusion or exclusion from different realms of society, and, not least, if migrants, and immigrants, are seen as rights-bearing subjects or not. The articles engage with different aspects of migrant experiences, and democratic, social, and educational exclusions or inclusions. Many texts go beyond Sweden and Europe and look to South America. Some seek the voices of migrants themselves. Other articles deal with anti-immigrant policies and rhetoric, their structure and how they are rationalised. The International Master’s Programme in Ethnic and Migration Studies is a part of the Institute for Research in Migration, Ethnicity and Society (REMESO), at the Department Culture and Society (IKOS) at LiU. Pro­gramme Director is Professor Claudia Tatzreiter. REME­SO is an international institute that pursues research and education. The REMS report is one of the ways in which we, as students, are trained to identify and analyse problems related to migration, integration, and diversity and to make research and education accessible to a wider audience. The first-year students of EMS, 2023.
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