Authors
1 Assistant Professor, Public Law Department, Faculty of Law and Political Sciences, Tehran University, Tehran, Iran
2 Ph.D. student in international law, Faculty of Law and Political Science, Tehran University, Tehran, Iran
Abstract
Today, the forced migration of individuals has significantly affected European countries. In principle, individuals should not face persecution or violence in their homeland due to reasons such as race, religion, nationality, membership in a particular social group, or political beliefs. In this context, the European Court of Human Rights has facilitated the protection of refugees by interpreting Article 3 of the European Convention on Human Rights. In this paper, through a descriptive-analytical method, we have examined and analyzed the legal dimensions of the principle of "non-refoulement" and the judicial practices of the European Court of Human Rights in supporting refugees by studying relevant international and European treaties. By comparing the laws of the European Union and the protective standards for refugees in the European Convention on Human Rights, differences can be observed that have been addressed in this research. It is believed that this contradiction has led to the dual approach of member states of the Union in this regard and has resulted in differing rulings in similar refugee cases.
Keywords
English
- A) Books
- Mole, N., & Meredith, C. (2010). Asylum and the European Convention on Human Rights. Council of Europe Publishing, available at: http://www.refworld.org/pdfid/4ee9b0972.pdf
- B) Articles
- Chapman, A.R. (1999). A Human Rights Perspective on Intellectual Property, Scientific Progress and Access to the Benefits of Science. WIPO Publication, (762)
- C) Documents
- Council of Europe. (1950). Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos.11 and 14, supplemented by Protocols 1, 4, 6, 7, 12 and 13, European Treaty Series, No.5
- European Council. (2004). Directive 2004/83/EC of the Council on Minimum Standards for the Qualification and Status of Third Country Nationals of Stateless Persons as Refugees or as Person Who Otherwise Need International Protection and the Content of the Protection Granted, Official Journal of the European Union. L 304/12
- European Parliament and European Council. (2011). Directive 2011/95/EU of the European Parliament and of the Council on Standards for the Qualifications of the Third-Country Nationals or Stateless Persons as Beneficiaries of International Protection, for a Uniform Status of Refugees or for Persons Eligible for Subsidiary Protection, and for the Content of the Protection Granted, Official Journal of the European Union, L 337/9
- European Parliament and European Council. Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection
- European Parliament and European Council. Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection
- Handbook on European Law Relating to Asylum, Borders and Immigration. (2014) Luxemburg: Publication Office of the European Union
- United Nation. (1951). Convention relating to the Status of Refugees, United Nations, Treaty Series, Vol. 189
- D) Cases
- Application No.15576/89, (Varas/Sweden), ECtHR, 1991.
- Application No.38821/97, (Lilia and others/Sweden), ECtHR,
- Application No.37201/06, (Saadi/Italy), ECtHR,
- Application No.1948/04, (Salah/Netherlands),ECtHR,
- Application No.14038/88, (Soering/United Kingdom), ECtHR,
- Application Nos.13163/87, 13164/87, 13165/87, 13447/87 and 13448/87, (Vilvarajah and others/United Kingdom), ECtHR,
- E) Internet Resources
- https://www.hrw.org/sites/default/files/reports/health0609web.pdf
- https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp0001/01RP05
- https://www.refworld.org/cases,ECHR,3ae6b6f3c.html
- F) Thesis
- Bacaian, L.E. (2011). The Protection of Refugees and Their Right to Seek Asylum in the European Union., Master’s thesis in European Studies, European Institute of the University of Geneva, Vol.70-201, available at: https://www.unige.ch/gsi/files/6614/0351/6348/Bacaian.pdf
- Declerck, Eva. (2015), The Non-Refoulement Principle and the Possible Development of a Human Right to Asylum for LGTI, (2015), Master’s dissertation to qualify as Master of laws, Ghent University, Faculty of Law, available at: https://lib.ugent.be/fulltxt/RUG01/002/213/613/RUG01 002213613_2015_0001_AC.pdf
- Maas, S. (2009). Dual Protection in European Asylum Law: Good or Bad for those Seeking Subsidiary Protection. Thesis L.L.M European Law 2008-2009
References In Persian:
- Kihanlou, F. (2012). Barresiye emkane e'male asle mamnooeeyate e'adeh dar movajehe ba harakate gostarde-ye avaregane janggi (Investigating the possibility of applying the principle of prohibition of refoulement in the face of large-scale movements of war refugees). Legal Researches, (4), 133-153 (In Persian).
- Zamani, S.G. et al. (2016). Nahadha va sazo karhaye mantaghee-ye hemayat az hoghooghe bashar (Regional Institutions and Mechanisms for the Protection of Human Rights). 2nd edition, Tehran: Shahr Danesh Legal Studies and Research Institute publications (In Persian).
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