Right to Asylum: Short overview of the case-law of the European Court of Human Rights

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Abstract

The main aim of the article is to describe the right of people seeking asylum in Europe, which are protected under several international and regional legal documents. These legal instruments may be divided into two main groups: those dedicated to human rights and where mention of right to asylum is incidental; and those directly regulating the right to asylum and all connecting issues. Though the European Convention on Human Rights, on the other hand, was intended to provide a legal regional recognition of most of the rights set out in the Universal Declaration of Human Rights and to provide international mechanisms to police their implementation, it did not, however, contain any express provision, which guarantees the right to seek and enjoy asylum from persecution. Therefore the main question could be under what provisions asylum seekers may protect their rights in the European Court of Human Rights. Therefore the object of the research is the provisions of the European Convention on Human Rights, under which persons seeking asylum may protect their rights. The main objective of the research is to analyze the case-law of the European Court of Human Rights reflecting the implementation of provisions to protect the right to asylum. The analysis will be based on representative cases under article 3 of the Convention such as e.g. Jabari v. Turkey, H.L.R. v. France, D. v. the United Kingdom, Ahmed v. Austria, Salah Sheekh v. the Netherlands.
Original languageEnglish
Pages (from-to)47-60
JournalInternal security
Volume4
Issue number2
Publication statusPublished - 2012

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Keywords

  • International law
  • Human rights
  • Right to asylum

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