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Journal articles on the topic 'The right to asylum'

Author: Grafiati

Published: 22 October 2022

Last updated: 31 July 2025

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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.

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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.

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2

Roshi, Artela. "The right to asylum in Albania and policies against illegal migration." Optime 13, no. 2 (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

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3

Nicolosi, Salvatore Fabio. "Re-Conceptualizing the Right to Seek and Obtain Asylum in International Law." International Human Rights Law Review 4, no. 2 (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

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4

Alexander, Atul. "Resurgence of Diplomatic Asylum in International Law: Human Rights the Missing Piece of Puzzle." Asia-Pacific Journal on Human Rights and the Law 26, no. 1 (2025): 23–46. https://doi.org/10.1163/15718158-26010001.

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Abstract This study evinces that current legal practice does not favour the grant of diplomatic asylum. However, the right to diplomatic asylum is not sufficiently addressed from an individual or human rights lens. Instead, it is conceived as an object of the States exercising its right. In recent years, the courts have widened the scope of human rights to endorse its extraterritorial application, thereby influencing the right to diplomatic asylum. However, this contradicts the provisions of the Vienna Convention on Diplomatic Relations and general international law since granting diplomatic a

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5

Semyonova, Olga O. "To the Concept of Asylum. Right or Duty of the State?" Herald of Omsk University. Series: Law 17, no. 4 (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 domest

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6

Pirjola, Jari. "Hostile Instrumentalized Migration and the Right to Seek Asylum." European Journal of Migration and Law 27, no. 1 (2025): 1–19. https://doi.org/10.1163/15718166-12340192.

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Abstract Current world politics is witnessing simultaneously the growth and decline of interconnectedness in the field of human rights. This development can be seen also in the context of instrumentalized migration: on the one hand, states desire to follow universal human rights standards at the borders; on the other hand, states are willing to put their sovereignty and particular security interests before migrants’ and asylum seekers’ rights. This article concerns the right to seek asylum in the context of hostile instrumentalized migration. On the one hand, the right to seek asylum is a huma

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7

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 asyl

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8

Ekram Yawar, Mohammad. "An Overview of Refugee Rights In International Documents." Global Spectrum of Research and Humanities 2, no. 1 (2025): 76–86. https://doi.org/10.69760/gsrh.01012025010.

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From the perspective of international law, the sources of the right to asylum are legal documents in which legal norms and regulations related to the right to asylum can be found. The Universal Declaration of Human Rights, the 1951 Convention, the 1967 Protocol, and other valid international and regional documents stipulate the right to asylum, but the general system of protection of refugee rights is the 1951 Geneva Convention and its Amending Protocol. In relation to the non-refoulement of refugees and illegal immigrants to their homeland, international regulations and human rights considera

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9

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

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10

Oudejans, Nanda. "The Right to Have Rights as the Right to Asylum." Netherlands Journal of Legal Philosophy 43, no. 1 (2014): 7–26. http://dx.doi.org/10.5553/njlp/221307132014043001002.

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11

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

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12

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 (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

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13

BENALI, Djamila. "PROTECTION OF THE RIGHT OF ASYLUM IN INTERNATIONAL LAW." RIMAK International Journal of Humanities and Social Sciences 03, no. 03 (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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14

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.

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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 ri

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15

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.

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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 ri

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16

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 (2022): 112–50. http://dx.doi.org/10.1163/15718166-12340121.

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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 effec

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17

Zhao, Linxiao. "Problems with the Asylum System and Their Solutions: Take Case of Colombia v. Peru on the Right of Asylum as an Example." Lecture Notes in Education Psychology and Public Media 17, no. 1 (2023): 193–200. http://dx.doi.org/10.54254/2753-7048/17/20231248.

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The right of asylum in international law refers to the right of citizens of one country to enjoy asylum in another country, and in the interaction of sovereign states, the right of asylum is usually applied in the context of a citizen of a country requesting to enter another country or having entered another country for political reasons and in an emergency, and is approved by the government of another country. For a long time, there have been debates on the definition, establishment conditions and examination procedures of the right of asylum, and there have been many differences in the deter

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18

Aljihani, Aljihani, and Saif Ahmad AlRawahi. "The Legal Protection for Refugees in Oman." Sultan Qaboos University Legal Studies Journal 3, no. 1 (2024): 247–75. https://doi.org/10.61191/squlsj.v3i1.5342.

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The Sultanate of Oman is not a State party to the 1951 Convention relating to the Status of Refugees (the 1951 Refugee Convention) and its 1967 Protocol, which establish refugee rights and obligations. In addition, there are no specific national laws or administrative regulations governing the right to asylum. However, the Basic Statute of the Sultanate of Oman and the Foreign Residency Law in Oman explicitly grant the right to asylum to a specific category of individuals, who are political refugees. The Basic Statute of Oman refers to political asylum briefly, while the Foreign Residency Law

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19

Freedman, Jane. "Women’s Right to Asylum: Protecting the Rights of Female Asylum Seekers in Europe?" Human Rights Review 9, no. 4 (2008): 413–33. http://dx.doi.org/10.1007/s12142-008-0059-1.

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20

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 (2017): 108. http://dx.doi.org/10.19044/esj.2017.v13n28p108.

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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

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21

Francis, Grun, and Mason William. "A game of change: The value of abuse of rights in the European asylum sector." Yearbook of European Union and Comparative Law (YEUCL) 3 (November 10, 2024): 558–690. https://doi.org/10.5281/zenodo.14062857.

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<strong>Abstract</strong>: This research aims to control and verify the concept of abuse of rights within the Common European Asylum System (CEAS) as a legal foundation that represents the provisions for the limits and access to the right of asylum. The notion of the right to asylum through the jurisprudence of the Court of Justice of the European Union (CJEU) has manifested the abuse of law as a concept of law of the Union through the perspective of international law that deepens from a subjective point of view and identifies its legal position. From an objective point of view, the definition

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22

Marija, Veljovska Kondovska, and Kitanovski Aleksandar. "European Migration Policies and the Right of Asylum." AICEI Proceedings 11, no. 1 (2016): 51–60. https://doi.org/10.5281/zenodo.4553600.

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The European Union is confronted with a deep migration crisis, at a time when the EU has changed from being a source of stability and security into becoming a generator of political instability and economic chaos. This chapter outlines the main parameters of Europe’s immigration issue and the right of asylum. It presents the European migration policies of the last decade and traces the reasons behind its complete or near failure. The European Union takes into account how to rid itself of migrants through certain measures of tightening the law on asylum, and closing the borders. The resul

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23

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 (2015): 80. http://dx.doi.org/10.21827/5a86a8eda4ed2.

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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 le

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24

Moraru, Madalina. "Generalised push-back practices in Europe." Quaderns IEE 1, no. 1 (2022): 154–64. http://dx.doi.org/10.5565/rev/quadernsiee.23.

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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 whi

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25

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 (2022): 423–35. http://dx.doi.org/10.33182/ml.v19i4.1589.

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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 c

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26

Vannelli, Marina. "The Unaccompanied Child’s Right to Legal Assistance and Representation in Asylum Procedures under EU Law." Laws 11, no. 1 (2022): 11. http://dx.doi.org/10.3390/laws11010011.

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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 an

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27

Iradukunda, Marie. "Using a Sledgehammer to Crack a Nut? Kenya’s Approach to the Detention of Asylum Seekers and Refugees in Prisons and Police Stations." Strathmore Law Review 9, no. 1 (2024): 63–96. https://doi.org/10.52907/slr.v9i1.496.

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Article 19 of the International Covenant on Civil and Political Rights (ICCPR) provides that every person has the right to liberty and security of person. This right extends to asylum seekers and refugees and requires that they are not subjected to arbitrary detention such as detention that is disproportionate. In Kenya, the detention of asylum seekers and refugees is guided by Section 2 of the Refugees Act and Sections 4 and 12(3)(g) of the Persons Deprived of Liberty Act. These provisions provide for the administrative detention of asylum seekers and refugees in carceral institutions such as

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28

Rawashdeh, Mohammad, and HAZEM MOJAHED AMMAR. "The role of international humanitarian law and international organizations in protecting refugees from international conflicts." Journal of Political Trends 30, no. 09 (2025): 166–88. https://doi.org/10.5281/zenodo.15137279.

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This study is based on shedding a direct view on the main importance and significance of the role of international humanitarian law in protecting refugees from international armed conflicts, as well as providing protection to refugees, as the phenomenon of asylum has taken a wide place in many international forums recently. The asylum crisis is considered to be a great burden on the international community due to its increasing size, aggravation, and spread in many countries and its negative effects, especially on host countries or asylum countries in terms of political, economic, security, an

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29

Edwards, A. "Human Rights, Refugees, and The Right 'To Enjoy' Asylum." International Journal of Refugee Law 17, no. 2 (2005): 293–330. http://dx.doi.org/10.1093/ijrl/eei011.

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30

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 (2019): 216–49. http://dx.doi.org/10.1163/15718107-08802006.

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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 asy

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Duić, Dunja, and Martina Drventić Barišin. "ZAŠTITA DJECE MIGRANATA I AZILANATA U EU-U." Dijete i obitelj u suvremenom društvu 1, no. 2 (2024): 91–118. https://doi.org/10.25234/dosd/34313.

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The protection of the rights of migrant children and children asylum seekers in the European Union represents one of the most sensitive and complex issues of contemporary migration policy. Children, especially those who travel alone or are separated from their families, are among the most vulnerable groups of migrants and thus face many challenges. The legal framework should, therefore, offer adequate and complete protection in accordance with the principle of the best interests of the child, which most importantly implies the protection of the child’s dignity, primarily during detention, the

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32

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 (2022): 106–20. http://dx.doi.org/10.14710/dilrev.7.1.2022.106-120.

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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 th

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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 (2001): 33–56. http://dx.doi.org/10.1177/079160350101000203.

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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 crea

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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 (2014): 467–504. http://dx.doi.org/10.1163/15718166-12342066.

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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

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35

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.

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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 a

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36

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.

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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

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37

Lazaridis, Gabriella, and Mariangela Veikou. "RETRACTED: The Right to Asylum and EU Asylum Procedure in Greece." Sociological Research Online 20, no. 2 (2015): 91–102. http://dx.doi.org/10.5153/sro.3654.

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38

Slingenberg, Lieneke. "Asylum – A Right Denied: A Critical Analysis of European Asylum Policy." International Journal of Refugee Law 27, no. 3 (2015): 522–25. http://dx.doi.org/10.1093/ijrl/eev041.

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39

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.

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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

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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 (2021): 63–81. http://dx.doi.org/10.33093/ajlp.2021.4.

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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 a

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Jack Geiger, H. "US doctors defend right to asylum." Lancet 347, no. 9018 (1996): 1816. http://dx.doi.org/10.1016/s0140-6736(96)91624-4.

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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 (2019): 1. http://dx.doi.org/10.21902/revistajur.2316-753x.v4i57.3754.

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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

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van Reenen, Pieter. "Impartiality in the EU Asylum Procedure." European Journal of Migration and Law 20, no. 3 (2018): 338–56. http://dx.doi.org/10.1163/15718166-12340032.

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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 C

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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 (2020): 86–112. http://dx.doi.org/10.1093/ijrl/eeaa006.

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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 developm

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Holovach, А. "The relationship between the institute of asylum and the institute of refugees in international and national rights." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 473–78. http://dx.doi.org/10.24144/2788-6018.2022.05.87.

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The article is devoted to the analysis of the interaction of the asylum institute and the refugee institute in international and national law. It is pointed out that at the present stage the problem of ensuring the realization and protection of the rights and freedoms of persons who were forced to leave the territory of their state of citizenship or previous place of residence and seek asylum in other countries becomes especially important. Meanwhile, the institution of asylum and the institution of refugees arose precisely to resolve such issues, as they serve as a mechanism for the protectio

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Heuser, Stefan. "Is There a Right to Have Rights? The Case of the Right of Asylum." Ethical Theory and Moral Practice 11, no. 1 (2007): 3–13. http://dx.doi.org/10.1007/s10677-007-9079-1.

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Rizki, Aufar. "Presence of The Right Wing: Threatening the Refugee Crisis?" Jurnal Sentris 1, no. 1 (2020): 97–120. http://dx.doi.org/10.26593/sentris.v1i1.4160.97-120.

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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

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Kaukko, Mervi. "The crc of Unaccompanied Asylum Seekers in Finland." International Journal of Children’s Rights 25, no. 1 (2017): 140–64. http://dx.doi.org/10.1163/15718182-02501006.

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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 adult

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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 (2020): 1–23. http://dx.doi.org/10.46381/reic.v18i2.347.

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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 theore

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Lagnado, Jacob. "Beyond Neutrality: the Translator-Interpreter and the Right to Asylum in Britain." Íkala, Revista de Lenguaje y Cultura 7, no. 1 (2002): 63–71. http://dx.doi.org/10.17533/udea.ikala.3210.

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Political asylum is one of the main burocratic mechanisms used by Western states to control migration in this post cold war period. The translator- interpreter is occupying now a vital place within the communicative relation between the asylum seeker and the State they want to be received for. The discussion centers on how the new controversial laws of migration push the translator-interpreter, who represent the asylum seeker, to distance him/herself even more from the mythical "neutrality" and analizes the consequences the situation brings about for them. Received: 06-02-02 / Accepted:

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