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1
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.
Повний текст джерелаАнотація:
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.
2
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.
Повний текст джерелаАнотація:
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.
3
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.
Повний текст джерелаАнотація:
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.
4
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.
Повний текст джерела
5
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.
Повний текст джерелаАнотація:
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.
6
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.
Повний текст джерелаАнотація:
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.
7
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.
Повний текст джерелаАнотація:
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").
8
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.
Повний текст джерелаАнотація:
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.
9
Freedman, Jane. "Women’s Right to Asylum: Protecting the Rights of Female Asylum Seekers in Europe?" Human Rights Review 9, no. 4 (April 11, 2008): 413–33. http://dx.doi.org/10.1007/s12142-008-0059-1.
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10
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.
Повний текст джерелаАнотація:
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.
11
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.
Повний текст джерелаАнотація:
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.
12
Keil, Rainer. "Das Recht auf Asyl bei Emer de Vattel 1758: unvollkommenes Recht, vollkommenes Recht, Menschenrecht." Rechtsphilosophie 7, no. 3 (2021): 225–54. http://dx.doi.org/10.5771/2364-1355-2021-3-225.
Повний текст джерелаАнотація:
When, within the framework of a highly controversial debate of the early 1990s in Germany on the right to asylum, Winfrid Brugger argued, a human right to asylum could not be based on sound reason, he referred to the supposed impossibility of an imputation of the plight of refugees to certain foreign states. In more recent debates, similar arguments have been brought forward and formulated as a problem of imperfect or perfect duties and rights. Much earlier, in 1758, Emer de Vattel already had discussed the right to asylum as a right that has aspects of both an imperfect right and a perfect right. This has mostly been ignored in the recent debate. In this article, I try to show how de Vattel reasoned. His argumentation limited the otherwise strong sovereignty of states by referring to the reasons of the moral legitimacy of their powers. This led him to the result that the per se perfect right to asylum, imperfect in relation to specific states, can, if states collectively fail to admit a refugee in urgent danger, become a claim against a specific country in the shape of a perfect right to self-help. I will briefly try to reconstruct some of de Vattel‘s ideas with concepts of Ronald Dworkin and Robert Alexy. The difference between Dworkin’s rule and Alexy’s Regel becomes relevant for understanding de Vattel’s perfect and human right to asylum. In the end, I will briefly investigate how much of de Vattel’s thought depends on assumptions a XXIst century thinker would probably not be ready to suppose any more. It will become clear that de Vattel’s thought on asylum is mostly independent from rather controversial assumptions of his work; it fits rather well to some recent approaches limiting sovereignty by human rights and concepts of territorial justice.
13
Keil, Rainer. "Das Recht auf Asyl bei Emer de Vattel 1758: unvollkommenes Recht, vollkommenes Recht, Menschenrecht." Rechtsphilosophie 7, no. 3 (2021): 225–54. http://dx.doi.org/10.5771/2364-1355-2021-3-225.
Повний текст джерелаАнотація:
When, within the framework of a highly controversial debate of the early 1990s in Germany on the right to asylum, Winfrid Brugger argued, a human right to asylum could not be based on sound reason, he referred to the supposed impossibility of an imputation of the plight of refugees to certain foreign states. In more recent debates, similar arguments have been brought forward and formulated as a problem of imperfect or perfect duties and rights. Much earlier, in 1758, Emer de Vattel already had discussed the right to asylum as a right that has aspects of both an imperfect right and a perfect right. This has mostly been ignored in the recent debate. In this article, I try to show how de Vattel reasoned. His argumentation limited the otherwise strong sovereignty of states by referring to the reasons of the moral legitimacy of their powers. This led him to the result that the per se perfect right to asylum, imperfect in relation to specific states, can, if states collectively fail to admit a refugee in urgent danger, become a claim against a specific country in the shape of a perfect right to self-help. I will briefly try to reconstruct some of de Vattel‘s ideas with concepts of Ronald Dworkin and Robert Alexy. The difference between Dworkin’s rule and Alexy’s Regel becomes relevant for understanding de Vattel’s perfect and human right to asylum. In the end, I will briefly investigate how much of de Vattel’s thought depends on assumptions a XXIst century thinker would probably not be ready to suppose any more. It will become clear that de Vattel’s thought on asylum is mostly independent from rather controversial assumptions of his work; it fits rather well to some recent approaches limiting sovereignty by human rights and concepts of territorial justice.
14
Cunniffe, Emily. "Non-economic Migrants as Workers: Securing the Right to Work for Asylum Applicants in the EU." European Journal of Migration and Law 24, no. 1 (March 4, 2022): 112–50. http://dx.doi.org/10.1163/15718166-12340121.
Повний текст джерелаАнотація:
Abstract The figure of the asylum applicant worker sits uncomfortably in the oppositional framing of refugees and economic migrants. Yet, the recast Reception Conditions Directive 2013/33/EU provides a right to work for asylum applicants. Through case studies of Ireland and Sweden, this article examines the implementation of the right to work and describes an assemblage of de lege and de facto barriers that restrict access to the right to work in both Member States. Three legal avenues in EU law are explored to assess their potentiality to better secure this right. While the principle of effectiveness and fundamental rights prove useful, non-discrimination law remains limited in protecting the specific socio-legal status of asylum applicant workers. This article contributes to scholarship on the intersection of migration and labour law and the location of the asylum applicant worker within that intersection.
15
Ristik, Jelena. "The Right to Asylum and the Principle of Non- Refoulement Under the European Convention on Human Rights." European Scientific Journal, ESJ 13, no. 28 (October 31, 2017): 108. http://dx.doi.org/10.19044/esj.2017.v13n28p108.
Повний текст джерелаАнотація:
The European Convention on Human Rights does not contain any explicit reference to the right to asylum. However, the European Court of Human Rights has provided protection of asylum seekers mainly through interpretation of Article 3 of the Convention. Moreover, even if there is no specific mention of non-refoulement in this Article, the Court has interpreted it to include the prohibition of refoulement. Today, the ECHR is one of the most important juridical instruments for protection of asylum seekers throughout Europe. The main reason for this is that the principle of nonrefoulement under the Convention extends to inhuman and degrading behavior. This paper has placed its focus on the applicability of the ECHR to asylum cases, particularly the development and treatment of the principle of non-refoulement, as a form of complementary protection to those seeking asylum. This will be elaborated mainly through analysis of the jurisprudence of the ECtHR. It will be shown that the principle of non-refoulement under the ECHR, as a barrier to removal, plays a significant complementary role regarding the protection of asylum seekers. It will also be shown that the jurisprudence of the ECtHR has important relevance to EU asylum law and policy. In this sense, a comparison between EU law and ECHR protection standards for asylum seekers will be elaborated as well. Finally, it will be concluded that EU Member States are faced with dual systems providing protection to asylum seekers, and a possible solution will be suggested in order to overcome this situation.
16
Flegar, Veronika. "The Principle of Non-discrimination: An Empty Promise for the Preventive Health Care of Asylum Seekers and Undocumented Migrants?" Groningen Journal of International Law 3, no. 2 (December 18, 2015): 80. http://dx.doi.org/10.21827/5a86a8eda4ed2.
Повний текст джерелаАнотація:
The principle of non-discrimination in Article 2 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) holds that its rights are equally applicable to ‘everyone’. Nevertheless, evidence from the national context suggests that access to health care for asylum seekers and undocumented migrants depends on their legal status and in particular, preventive health care is often inaccessible to them.1 This has led to several hitherto under-investigated questions concerning the right to health in this context: Does a right to preventive health care exist at the international level? If so, what individual rights and State obligations are involved in this right? How does the principle of non-discrimination relate to this right? Does this principle offer (additional) protection to asylum seekers and undocumented migrants in terms of a possible right to preventive health care? Method: The main issue is what the principle of nondiscrimination has to offer for the preventive health care of persons without a regular residence status. Based on an analysis of the non-binding, but authoritative, General Comments of the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR), the paper takes an exploratory style that goes beyond traditional legal analysis and investigates how the law should be interpreted in order to enhance its effectiveness and relevance. Results and Discussion: Strictly speaking, there is no explicit, binding right to preventive health care for asylum seekers or undocumented migrants in the ICESCR itself.2 Nevertheless, implications can be found in the CESCR General Comments Number 14 and 20.3 Particularly, if one takes into account how the law should be interpreted according to CESCR General Comment 14 (CESCR GC 14), there should be a right to preventive health care for asylum seekers and undocumented migrants. The exact content of such a right, however, is less clearly defined. Further, the principle of non-discrimination is not conclusive as to whether the right to health would apply equally to asylum seekers and/or undocumented migrants as it would to nationals. Conclusion: For non-discrimination to be truly unambiguous with regard to the preventive health care of asylum seekers and undocumented migrants, it would be necessary to strike out the ‘general welfare’ provision of CESCR General Comment 20 (CESCR GC 20) and to clearly state that the ‘other status’ criterion also entails ‘residence status’. In that sense, the principle of non-discrimination is, indeed, an empty promise and the right to preventive health care for asylum seekers and undocumented migrants seems to be much better protected under the CESCR GC 14’s non-discriminatory interpretation of the right to health itself.
17
Moraru, Madalina. "Generalised push-back practices in Europe." Quaderns IEE 1, no. 1 (January 31, 2022): 154–64. http://dx.doi.org/10.5565/rev/quadernsiee.23.
Повний текст джерелаАнотація:
In recent years, more and more asylum seekers trying to reach the European Union (EU) have found themselves subjected to practices that contradict the EU Charter of Fundamental Rights and the democratic principles within the Dublin III Regulation. The inalienable right of those individuals to seek asylum is violated every time that the Member States’ national authorities subject them to irregular procedures and deny them their right to international protection without an individual assessment of their asylum claims. These practices are defined as push-backs. This brief outlines the ways in which asylum seekers are exposed to both ‘external’ and ‘internal’ push-backs by and between the Member States, while also underscoring the importance of safeguarding the physical safety and integrity of people seeking asylum. It offers case studies of EU countries where push-backs have become the new normal, and highlights the role of courts in remedying the wide-spreading push-backs practices. Within this context of generalized push-backs and executive backlash against European and domestic judgments finding violations of human rights, the withdrawal of the European Border and Coast Guard Agency from Hungary is an alarming signal for human rights protection. In the face of the rule of law and human rights challenges, was the Agency's withdrawal the most appropriate measure?. Finally, it asks whether the recent EU border procedure proposed in 2020 will have a positive or a negative impact on the right to seek asylum on the ground.
18
Edwards, A. "Human Rights, Refugees, and The Right 'To Enjoy' Asylum." International Journal of Refugee Law 17, no. 2 (April 26, 2005): 293–330. http://dx.doi.org/10.1093/ijrl/eei011.
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19
Vannelli, Marina. "The Unaccompanied Child’s Right to Legal Assistance and Representation in Asylum Procedures under EU Law." Laws 11, no. 1 (January 29, 2022): 11. http://dx.doi.org/10.3390/laws11010011.
Повний текст джерелаАнотація:
The independent migration of children today is a global phenomenon present in many regions worldwide, where unaccompanied minors seeking asylum do not enjoy full protection of their rights. Among their procedural safeguards, the right to legal assistance and representation is a fundamental right strictly related to the realization of other rights contained in the UN Convention on the Rights of the Child. Nevertheless, despite the fundamental role that guardians and legal advisors play in the wellbeing of unaccompanied children seeking asylum, many issues are currently affecting the exercise and implementation of this fundamental right in several European Union Member States. Therefore, the purpose of this article is to examine the content and scope of protection of this right under EU law, while highlighting the existence of possible ambiguities or gaps in current legal standards. Which EU law rules currently protect unaccompanied minors’ access to legal assistance? What changes are necessary in order to strengthen that protection for unaccompanied minors seeking asylum? These are some of the questions that this paper addresses in order to critically analyze the level of protection that Europe has provided to unaccompanied children’s right to legal assistance.
20
Ashraf, Tasawar. "The Confluence Between COVID-19 and Informal Externalisation Agreements and the Precarious State of the Right to Seek Asylum." Migration Letters 19, no. 4 (July 29, 2022): 423–35. http://dx.doi.org/10.33182/ml.v19i4.1589.
Повний текст джерелаАнотація:
The swift closure of international borders with the outbreak of the COVID-19 pandemic has placed the right to seek asylum in a precarious position. The paper questions the impact of COVID-19 on the right to seek asylum in the face of the informal externalisation agreements (IEA) concluded by the European Union (EU) Border States and other destination states to shift border management to neighbouring transit states. The paper argues that IEA marginalised the right to seek asylum well before the outbreak of COVID-19. The pandemic's impact on the right to seek asylum, per se, is temporal, which can be defused through enhanced procedural measures. However, in the long run, COVID-19 provides an alibi to the Border States to further externalise asylum and migration controls through IEA. Thereby, COVID-19, along with IEA, is highly likely to make the right to seek asylum obsolete.
21
Jack Geiger, H. "US doctors defend right to asylum." Lancet 347, no. 9018 (June 1996): 1816. http://dx.doi.org/10.1016/s0140-6736(96)91624-4.
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22
Lazaridis, Gabriella, and Mariangela Veikou. "RETRACTED: The Right to Asylum and EU Asylum Procedure in Greece." Sociological Research Online 20, no. 2 (May 2015): 91–102. http://dx.doi.org/10.5153/sro.3654.
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23
Slingenberg, Lieneke. "Asylum – A Right Denied: A Critical Analysis of European Asylum Policy." International Journal of Refugee Law 27, no. 3 (August 27, 2015): 522–25. http://dx.doi.org/10.1093/ijrl/eev041.
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24
Ineli-Ciger, Meltem. "Remedies Available against Asylum Decisions and Deportation Orders in Turkey: An Assessment in View of European Law and the European Convention on Human Rights." Nordic Journal of International Law 88, no. 2 (April 24, 2019): 216–49. http://dx.doi.org/10.1163/15718107-08802006.
Повний текст джерелаАнотація:
This article examines administrative and judicial remedies against asylum decisions and deportation orders in Turkey and safeguards provided within these remedies with a view to analysing to what extent they are in line with European law and the European Convention on Human Rights (echr). The article has two main parts. The first part provides an overview of the Turkish asylum system and remedies available against asylum decisions and deportation orders in Turkey. Whereas, the second part identifies main procedural safeguards to be observed in asylum and deportation appeals by reviewing EU asylum acquis, the echr and case law of the European Court of Justice and the European Court of Human Rights. Building on this, the article assesses whether the Turkish law and practice incorporate these procedural safeguards and provide asylum seekers and migrants a right to effective remedy.
25
O'Nions, Helen. "No Right to Liberty: The Detention of Asylum Seekers for Administrative Convenience." European Journal of Migration and Law 10, no. 2 (2008): 149–85. http://dx.doi.org/10.1163/157181608x317336.
Повний текст джерелаАнотація:
AbstractThis article critically examines the recent decision of the Grand Chamber of the EctHR in Saadi v UK 2008. The decision endorses short-term detention of asylum seekers on the basis of administrative convenience, specifically ruling out a requirement of necessity. The decision is examined in the light of international law on the detention of asylum seekers and the requirements of proportionality and lack of arbitrariness. It is anticipated that the use of routine detention will increase across Europe and that asylum seekers will be lumped together with other migrants in policies aimed at further restricting access to the European club. This presents a serious threat to the international right to seek and enjoy asylum provided in Article 14 of the Universal Declaration of Human Rights.
26
Priyono, FX Joko, and Audrey Kartika Putri. "NON-REFOULMENT PRINCIPLE AND PROHIBITION OF ENTRY FOR REFUGEES DUE TO THE COVID-19 PANDEMIC." Diponegoro Law Review 7, no. 1 (April 28, 2022): 106–20. http://dx.doi.org/10.14710/dilrev.7.1.2022.106-120.
Повний текст джерелаАнотація:
The principle of non-refoulement has become jus cogens which obliges every country, both ratifying and not ratifying the 1951 Refugee Convention and the 1967 Protocol not to refuse refugees and asylum seekers to enter the territory of a country and not be returned to their country of origin because their lives will be threatened, persecuted. and tortured. The right to life is a right that cannot be reduced and must be protected and respected by everyone under any circumstances. The pandemic reason cannot be used as an excuse to refuse refugees and asylum seekers on the grounds of protecting the right to health for its citizens. Efforts to quarantine asylum seekers and refugees suspected of or affected by Covid-19/Omicron is a policy that is in accordance with human rights as well as according to the principle of non-refoulement.
27
Heuser, Stefan. "Is There a Right to Have Rights? The Case of the Right of Asylum." Ethical Theory and Moral Practice 11, no. 1 (July 5, 2007): 3–13. http://dx.doi.org/10.1007/s10677-007-9079-1.
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28
Loyal, Steven, and Ciarán Staunton. "The Dynamics of Political Economy in Ireland: The Case of Asylum Seekers and the Right to Work." Irish Journal of Sociology 10, no. 2 (November 2001): 33–56. http://dx.doi.org/10.1177/079160350101000203.
Повний текст джерелаАнотація:
This paper is partly the outcome of research that was conducted on behalf of the Irish Refugee Council between January and July 2000.' The research was prompted by the Irish Government's decision to allow the right to work to asylum seekers who had made their applications for asylum in Ireland 12 months prior to 27 July 1999. It incorporated both qualitative and quantitative techniques and included a sample of 37 asylum seekers who had received the right to work. Due to in-built research requirements, the research report focused entirely upon concrete social policy recommendations towards creating a viable, democratic, rights-based and equality focused environment within which to address the employment and social needs of Asylum Seekers. Sociopolitical analysis was therefore not the primary focus of the research. However, a re-evaluation of the findings allowed such sociopolitical themes to be subsequently explored in this article.
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Arnold, Samantha, Martine Goeman, and Katja Fournier. "The Role of the Guardian in Determining the Best Interest of the Separated Child Seeking Asylum in Europe: A Comparative Analysis of Systems of Guardianship in Belgium, Ireland and the Netherlands." European Journal of Migration and Law 16, no. 4 (November 14, 2014): 467–504. http://dx.doi.org/10.1163/15718166-12342066.
Повний текст джерелаАнотація:
Separated children seeking asylum in Europe have the right to a representative, typically in the form of a guardian, and the right to have their best interests taken into account. These rights are articulated in the Council Directives and Regulations regulating the Common European Asylum System. The original language used around the time of developing the Common European Asylum System related to ‘harmonisation’. This article, therefore, looks at the level of harmonisation of the systems of guardianship, and the guardians’ responsibility to determine and promote the best interest, for separated children seeking asylum in Europe. The article begins by defining the guardian and the best interest principle and outlining the relevant law, which presently exists in Europe. Three case studies were chosen to provide current examples of the differences in practice in Europe, namely: Belgium, Ireland and the Netherlands. The question dealt with in this article is to what extent the three case study countries meet the minimum standards set out in European law in respect of guardianship and the best interests of separated children seeking asylum.
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Reneman, Marcelle. "An EU Right to Interim Protection during Appeal Proceedings in Asylum Cases?" European Journal of Migration and Law 12, no. 4 (2010): 407–34. http://dx.doi.org/10.1163/157181610x535764.
Повний текст джерелаАнотація:
AbstractDoes EU law provide for a right to interim protection in asylum cases and if so under what circumstances and in what form? These questions are addressed in this article on the basis of relevant EU legislation, the EU principle of effectiveness and the right to effective judicial protection, and finally international human rights law, which serves as a source of inspiration for these principles. It is argued that Article 39 of the Procedures Directive, interpreted in the light of the EU principle of effectiveness and the EU right to effective judicial protection, requires a remedy with automatic suspensive effect in all asylum cases, regardless of their arguability. It is therefore conceivable that this provision offers broader protection than the right to an effective remedy, laid down in international human rights treaties, such as Article 13 ECHR.
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Безверхов, Артур Геннадьевич, and Борис Джорджевич Кривокапич. "ON A COMPREHENSIVE UNDERSTANDING OF ASYLUM BY LAW." Вестник Тверского государственного университета. Серия: Право, no. 1(69) (March 22, 2022): 106–13. http://dx.doi.org/10.26456/vtpravo/2022.1.106.
Повний текст джерелаАнотація:
Статья посвящена всестороннему анализу понятия права на убежище. При этом убежище по праву рассматривается в международном и внутригосударственном праве как правовой институт, фактическое действие, право человека на поиск и пользование убежищем, право государства на предоставление убежища, субъективное право государства и индивидов в соответствующей области, принцип невыдачи за политические правонарушения и др. При выявлении юридической сущности института убежища активно использовался комплексный подход. Показано, что в основе современного комплексного понимания убежища по праву лежит принцип гуманизма. This article is devoted to a comprehensive analysis of the concept of the right to asylum. At the same time, asylum is rightly considered in international and domestic law as a legal institution, actual action, the right of a person to seek and use asylum, the right of the state to grant asylum, the subjective right of the state and individuals in the relevant field, the principle of non-extradition for political offenses, etc. an integrated approach was actively used to identify the legal essence of the institution of asylum. It is shown that the principle of humanism rightfully lies at the heart of the modern complex understanding of asylum.
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GUERRA, Sidney. "ASYLUM IN THE INTER-AMERICAN SYSTEM: A SOVEREIGN STATE LAW OR AN INHERENT RIGHT OF THE HUMAN PERSON?" Revista Juridica 4, no. 57 (October 5, 2019): 1. http://dx.doi.org/10.21902/revistajur.2316-753x.v4i57.3754.
Повний текст джерелаАнотація:
ABSTRACT Objective: The aim of this research is to present and discuss the paradox of the right of asylum for refugees, considering that on one hand there is a right of protection of the human being, giving priority to the fundamental values of freedom and the protection to be afforded to political refugees and persons persecuted for political reasons and, on the other hand, there is the prerogative and sovereignty of each State. Methodology: The research was developed in deductive method, in bibliographic research, through interpretation of scientific articles, studies and jurisprudence, also seeking a historical perspective, as well as the interpretation of Brazilian legislation, comparative law and international bodies such as the Inter-American Court of Human Rights, the Asylum Convention, signed in Havana in 1928, the Cartagena Declaration, the Caracas Convention of 1954 and others. Results: The study reaches the conclusion that the right to asylum still has a very incipient treatment, as it is still considered a right of the State and not the right of the individual, despite its essential purpose of protecting the individual, which is considered a contradiction. This paradox is more evident when the prerogative of the State to grant asylum or not is confronted with the Universal Declaration of Human Rights. Contributions: Undoubtedly, this matter is currently relevant as it deals with international human rights and the expectation of millions of migrants hoping to obtain an asylum. As a contribution, this article reports several difficulties associated with the granting of an asylum in the national perspective as well as international cases and all efforts exercised by international bodies in favor of the refugees. KEYWORDS: Right of asylum; territorial asylum; political asylum; Interamerican Human Rights Court. RESUMO Objetivo: O objetivo desta pesquisa é apresentar e discutir o paradoxo do direito de asilo para refugiados, considerando que, por um lado, há o direito à proteção do ser humano, priorizando os valores fundamentais da liberdade e da proteção à saúde, a ser concedido a refugiados políticos e pessoas perseguidas por razões políticas e, por outro lado, há a prerrogativa e a soberania de cada Estado. Metodologia: A pesquisa foi desenvolvida com método dedutivo, em pesquisa bibliográfica, através da interpretação de artigos científicos, estudos e jurisprudência, buscando também uma perspectiva histórica, bem como a interpretação da legislação brasileira, direito comparado e organismos internacionais como o Interamericano Tribunal Interamericano de Direitos Humanos, a Convenção de Asilo, assinada em Havana em 1928, a Declaração de Cartagena, a Convenção de Caracas de 1954 e outras. Resultados:O estudo conclui que o direito de asilo ainda tem um tratamento muito incipiente, pois ainda é considerado um direito do Estado e não um direito do indivíduo, apesar de seu objetivo essencial de proteger o indivíduo, o que é considerado um contradição. Esse paradoxo é mais evidente quando a prerrogativa do Estado de conceder ou não asilo é confrontada com a Declaração Universal dos Direitos Humanos. Contribuições: Sem dúvida, este assunto é relevante no momento, pois trata dos direitos humanos internacionais e da expectativa de milhões de migrantes que esperam obter um asilo pelos mais variados motivos. Como contribuição, este artigo relata várias dificuldades associadas à concessão de asilo em perspectiva nacional, bem como casos internacionais e todos os esforços exercidos por organismos internacionais a favor dos refugiados. PALAVRAS-CHAVE: Direito de asilo; asilo territorial; Asilo político; Corte Interamericana de Direitos Humanos.
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Goh, Hench, James Leong, Adam Haris Othman, Yee Ching Kho, and Chung Yin Wong. "A Proposal for Malaysia’s Asylum Act." Asian Journal of Law and Policy 1, no. 1 (July 28, 2021): 63–81. http://dx.doi.org/10.33093/ajlp.2021.4.
Повний текст джерелаАнотація:
Asylum is granted to people in search for international protection from persecution or serious harm in their own country. The right to asylum for refugees in Malaysia is far from realization and in dire need of a practical solution. Due to the lack of a proper enactment of Asylum Act, asylum seekers are to deal with denial of basic rights. Asylum seekers are also denied of education and healthcare due to high cost since these are not provided by the government. This article discusses the need for a proper enactment of Asylum Act in Malaysia in relation to the rising numbers of asylum seekers and refugees in the country. In this research, a comparative analysis between Malaysia’s existing laws dealing with asylum and the law of Australia, United Kingdom, Indonesia, and European Union was carried out. It was found that these countries have developed their legal framework for asylum considerably and could legally accommodate the influx of refugees into their respective countries, in contrast to Malaysia’s increasingly poor management of the refugees and asylum-seekers. The study suggests the possibility for the adoption of recommended legal principles from those countries into the proposed Malaysian Asylum Act.
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Kaukko, Mervi. "The crc of Unaccompanied Asylum Seekers in Finland." International Journal of Children’s Rights 25, no. 1 (June 20, 2017): 140–64. http://dx.doi.org/10.1163/15718182-02501006.
Повний текст джерелаАнотація:
According to the un Convention on the Right of a Child (crc), all children in Finland have the right to participate in decision-making concerning them. This article shows how the conceptualisation of childhood affects the implementation of the crc, especially Article 12 on participation, focusing on unaccompanied asylum-seeking children in Finland. Universalist notions of childhood and children’s participatory rights overlook the specific socio-historical realities in which these rights exist. Therefore, this article adopts an intersectional view, in which children are seen not as future adults or citizens but as current rights-holders, and acknowledges the complexity of children’s reality where ethnicity, gender and past experiences are interrelated with the conception of childhood. Based on participatory action research with 12 unaccompanied girls, this article shows that they have justified views on their rights during the asylum process, and that those views should be heard and acted upon.
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van Reenen, Pieter. "Impartiality in the EU Asylum Procedure." European Journal of Migration and Law 20, no. 3 (September 12, 2018): 338–56. http://dx.doi.org/10.1163/15718166-12340032.
Повний текст джерелаАнотація:
Abstract The Asylum Procedures Directive stipulates that asylum applications are examined ‘impartially’ by the national authorities. This paper explores the meaning of the term impartiality in administrative settings in EU asylum law focussing on three levels: the Common European Asylum System, the administrative organisational level and the level of the individual immigration officer. CEAS does not provide for a definition of impartiality. The article connects impartiality to the right to good administration as in the Charter of Fundamental Rights of the EU. It includes jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights as well as the approach of the EU Ombudsman and EASO in its scope. These sources provide more concrete aspects of impartiality. The article is finalized with recommendations for a code of conduct.
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Rizki, Aufar. "Presence of The Right Wing: Threatening the Refugee Crisis?" Jurnal Sentris 1, no. 1 (August 19, 2020): 97–120. http://dx.doi.org/10.26593/sentris.v1i1.4160.97-120.
Повний текст джерелаАнотація:
The presence of the right wing in The Western Europe, such as The Front National in French that is led by Marine Le Pen, Alternative Für Deutschland in Germany by Alexander Gauland, and Partij Voor de Vrijheid by Geert Wilders in Netherlands, are the whimsicality phenomenon in European political scene. The rise of the right wing groups in some countries, could impend the pluralism value in the respective country. Furthermore, this movement will be inducing the humanitarian crisis, specifically the refugee crisis. European Union has asylum policy for the refugees, but precisely the migrants who received the asylum policy are somehow causing the instability and insecurity in the country they are migrated to. That is a dilemma of conducting the asylum policy; first consideration is to receive the refugees with main purpose of decreasing the humanitarian crisis, but on the other hand it could induce instability, or other consideration is to close the asylum policy as the right wing postulate, which will increase refugee crisis but give more stable nation.
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Taylor, Savitri, and Klaus Neumann. "Australia and the Abortive Convention on Territorial Asylum: A Case Study of a Cul de Sac in International Refugee and Human Rights Law." International Journal of Refugee Law 32, no. 1 (March 2020): 86–112. http://dx.doi.org/10.1093/ijrl/eeaa006.
Повний текст джерелаАнотація:
Abstract Focusing on the period from the adoption of the 1967 Declaration on Territorial Asylum to the 1977 Conference of Plenipotentiaries on Territorial Asylum in Geneva, this article examines attempts to arrive at an international treaty on territorial asylum. Charting the trajectory of the drafting process, it shows how the ambition of international lawyers and UNHCR to go beyond article 14 of the Universal Declaration of Human Rights and the 1967 Declaration was eventually thwarted. Australia played a significant role at the 1977 conference and particular attention is paid to the development of its position. The article argues that the discussions over the proposed convention on territorial asylum were symptomatic of States’ unwillingness to countenance a right to asylum, and their concomitant willingness to extend the principle of non-refoulement.
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Maillot, Agnès. "Right to work: Dáil narratives on asylum." Studies in Arts and Humanities 4, no. 2 (January 30, 2019): 19–32. http://dx.doi.org/10.18193/sah.v4i2.139.
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Alexander, Shannon. "Humanitarian Bottom League? Sweden and the Right to Health for Undocumented Migrants." European Journal of Migration and Law 12, no. 2 (2010): 215–40. http://dx.doi.org/10.1163/157181610x496885.
Повний текст джерелаАнотація:
AbstractICESCR article 12 generously grants “everyone” the right to the highest attainable standard of mental and physical health. Ironically, “everyone” is reduced to “most” when held up to scrutiny, but certainly includes migrants. Migrants are entitled to the full realization of the right to health regardless of their legal or immigration status. This realization is threatened as States restrict health care, via legal and financial means, in order to punish undocumented migrants and deter migration. One such State is Sweden where the recent “Law Concerning Health Care for Asylum Seekers and Others” caused one progressive Parliamentarian to lament that its restrictive policies regarding health care and undocumented migrants would put Sweden in the “humanitarian bottom league”. Indeed, Swedish legislation, practice and policy are generally inconsistent with its international human rights obligations towards undocumented migrants, asylum seekers and refugees and their right to health. Undocumented migrants are entitled to unsubsidized health care only in immediate and emergency situations. Care is difficult to access and prohibitively expensive in many cases. Asylum seekers and failed asylum seekers who are not in hiding are only entitled to subsidized maternity care, care that cannot wait or emergency care. Moreover, a lack of cultural competence amongst caretakers may have a detrimental impact on the quality of care given to these migrants. Consequently, Swedish practice and policy are often at odds with its international human rights law obligations. This threatens to relegate a State that has always been considered a member of the “humanitarian major league” to a one that wallows in the “humanitarian bottom league”.
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Jobe, Alison. "Telling the Right Story at the Right Time: Women Seeking Asylum with Stories of Trafficking into the Sex Industry." Sociology 54, no. 5 (July 20, 2020): 936–52. http://dx.doi.org/10.1177/0038038520932019.
Повний текст джерелаАнотація:
Exploring the (re)emergence of human trafficking as a global social problem, this article presents an analysis of asylum determinations where claims for Asylum and/or Humanitarian Protection included accounts of trafficking to the UK. The article traces the emergence of trafficking as a credible claim for refugee status and argues that this recognition was time-specific and story-specific. Trafficking victims were identified by the UK Home Office where a claimant’s narrative mirrored the narrowly defined female ‘sex trafficking victim’ presented in campaigns and fictional depictions of human trafficking in the early 21st century. Through an exploration of the work that trafficking stories did in establishing an ‘ideal’ trafficking victim in asylum determinations, this article illustrates how social problems and legal judgments can be profoundly shaped by situated and strategic storytelling. These findings develop an understanding of the social construction of, and relationships between, social conditions and micro-meso-macro narratives of identity.
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Lee, Luke T. "The Right to Compensation: Refugees and Countries of Asylum." American Journal of International Law 80, no. 3 (July 1986): 532–67. http://dx.doi.org/10.2307/2201773.
Повний текст джерелаАнотація:
The entire burden of caring for millions of refugees has until now been assumed by the uprooted refugees themselves, their countries of asylum, their countries of resettlement and donors, whether directly or through international organizations. Overlooked are the responsibilities of the countries of origin both toward their own citizens now turned refugees and toward the countries of asylum saddled with the burden of caring for those refugees. This paper focuses on the responsibilities of the source countries under international law to compensate refugees and countries of asylum. It is hoped that clarification and fulfillment of these responsibilities will contribute not only to the well-being of refugees and the alleviation of the burdens on their hosts, but also to the reduction or eradication of the very phenomenon of “refugees.”
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Papadopoulos, Ioannis, and Marijke Van Buggenhout. "Giving voice to migrant children during reception and asylum procedures. Illustrations on the implementation of Art. 12 CRC in Greece and Belgium." Revista Española de Investigación Criminológica 18, no. 2 (November 22, 2020): 1–23. http://dx.doi.org/10.46381/reic.v18i2.347.
Повний текст джерелаАнотація:
According to a children’s rights’ approach, asylum-seeking children are entitled to special protection. However, reality dictates that as soon as they enter a host country irregularly, they are often criminalised, thus becoming part of the crimmigration debate and as a result they are further deprived of basic human rights including the right to be heard, as enshrined in the UN Convention on the Rights of the Child. This paper starts from a discussion on the fact that children on the migratory pathway need to be granted a central and active role in research, especially in times when new theoretical concepts in the field of juvenile justice and migration policing are introduced. We continue by delving into both an illustration from Greece and Belgium on how the right of the child to participate and to be heard is applied during reception and asylum procedures. We draw attention to the existing peculiarities of rights-based research methods in immigration studies, whilst arguing for holistic approaches that aim to move beyond the decorative concept of voicing children and towards a positive change concerning asylum processes for migrant minors.
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Borland, Emma Jane. "Fairness and the right to legal aid in asylum and asylum related cases." International Journal of Migration and Border Studies 2, no. 3 (2016): 245. http://dx.doi.org/10.1504/ijmbs.2016.077643.
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Stevens, Dallal. "The Asylum and Immigration Act 1996: Erosion of the Right to Seek Asylum." Modern Law Review 61, no. 2 (May 20, 2003): 207–22. http://dx.doi.org/10.1111/1468-2230.00138.
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Johnston, Vanessa. "Australian asylum policies: have they violated the right to health of asylum seekers?" Australian and New Zealand Journal of Public Health 33, no. 1 (February 2009): 40–46. http://dx.doi.org/10.1111/j.1753-6405.2009.00336.x.
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Rap, S. E. "The Right to Information of (Un)Accompanied Refugee Children." International Journal of Children’s Rights 28, no. 2 (June 17, 2020): 322–51. http://dx.doi.org/10.1163/15718182-02802003.
Повний текст джерелаАнотація:
Refugee children often find themselves in a vulnerable position; they have experienced trauma and mental health problems and in the host country they are involved in a complex and adult-oriented asylum application procedure. International and European legal standards urge states to adapt migration procedures to the age and maturity of children and to make these more child-friendly. In this article, the core concept of analysis is the child’s right to information. It will be shown that this right is closely connected to other children’s rights and concepts, such as access to justice, child-friendly justice and the right to participation. The implementation in practice of the right to information in the asylum procedure in the Netherlands will serve as a case study, to show the precarious information position of both unaccompanied as well as accompanied refugee children. The results of this study show that the information position of these children can be improved, which will benefit their legal position, emotional well-being and possibilities to exercise their rights.
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Croucher, Gwilym, and Sophie Dutertre. "The Right to Work for All Asylum-Seekers: Why Depriving Asylum-Seekers of Work Rights is Australia’s Loss." International Journal of Diversity in Organizations, Communities, and Nations: Annual Review 7, no. 4 (2007): 241–48. http://dx.doi.org/10.18848/1447-9532/cgp/v07i04/39396.
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Auffarth, Christoph. "Protecting Strangers: Establishing a Fundamental Value in the Religions of the Ancient Near East and Ancient Greece." Numen 39, no. 2 (1992): 193–216. http://dx.doi.org/10.1163/156852792x00032.
Повний текст джерелаАнотація:
Abstract(1) In the current discussions about the rights of asylum on one hand there is urgency for decisions and actions of the politicians, on the other hand these actions must not erode the human right of asylum. It is not a question of the quantity of applicants but of the quality of their rights. Religionists are asked for the foundation of the rights of strangers, because the roots of these rights reach into the archaic past, when there was not yet a state with institutionalized laws ("Rechtsstaat"). The treatment of the stranger was both in (2) Ancient Israel and (3) Ancient Greece the test of the righteousness of the people. Not the exact and continuing performance of the cult of the Gods demonstrates the piety of the people, but the treatment of the poor and weak. In pre-state societies the right of the strongest does not rule. However, the pride of the citizens and the token of the richness of a city is the granting of protection to outcasts. The sacrality of the holy place ("sanctuary") does not automatically grant protection. The talk of divine protection enables the protectors to gain the advantage of wide acceptance which compensates for a deficit of actual power. (4) Human rights have to be defended against attempts of political administrations to cut them short, that is, in consequence: to take away an individual's right to enjoy asylum.
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Dura Tohus, Jaume. "Refugiats i apàtrides. L’asil polític i la protecció internacional a l’Estat espanyol: evolució i impediments." Mètode Revista de difusió de la investigació, no. 5 (April 16, 2015): 59. http://dx.doi.org/10.7203/metode.0.3306.
Повний текст джерелаАнотація:
Border control policies have been strengthened, making Spain – and indeed Europe as a whole – a kind of fortress where it is increasingly hard to enter and, consequently, to request asylum. The Spanish government prioritises what they call the «fight against illegal immigration» over compliance with the State’s obligations on Human Rights, thus violating the right to asylum and International Protection established under the Geneva Convention on the status of refugees, and elsewhere.
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Guild, Elspeth. "Between Persecution and Protection: Refugees and the New European Asylum Policy." Cambridge Yearbook of European Legal Studies 3 (2000): 169–97. http://dx.doi.org/10.5235/152888712802859141.
Повний текст джерелаАнотація:
The admission, reception and treatment of asylum seekers in the European Union has been an issue of continuing political and legal concern throughout the 1990’s. The rising numbers of persons seeking protection at the beginning of the period coupled with a rapidly developing regional jurisprudence on the right to protection from the European Court of Human Rights in particular, changed the nature of the debate. The Member States began to search for common policies and practices as regards asylum through intergovernmental measures. With the Amsterdam Treaty, the most important aspects of asylum have been transferred to the EC Treaty: criteria and mechanisms for determining which Member State is responsible for considering an application for asylum; minimum standards on reception of asylum seekers; minimum standards with respect to the qualification of nationals of third countries as refugees; minimum standards on procedures for granting and withdrawing refugee status amongst others.