International Refugee Law - Essay Example

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Since wars and conflicts have ravaged many countries and societies, refugees or displaced individuals have been seeking asylum from various states and from the international organizations…
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International Refugee Law
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Download file to see previous pages Many of these states have been reluctant to offer asylum due to their own political and economic considerations. However, these asylum seekers have often displayed vulnerable qualities in terms of physical, psychological, as well as political support. For which reason, international governing bodies and host states have often ended up granting asylum to these refugees. However, recently, issues on the impact that these refugees have had on host states have been evaluated. Their economic impact has been a major consideration because these refugees have been considered as a significant drain to the resources of host states. The issue of their vulnerability has also been raised. In a decision by the European Court of Human Rights, specifically, in the case of M.S.S v Belgium, the court speaks of the applicant as a member of a ‘vulnerable group’. The case deals with the expulsion of an Afghan asylum-seeker to Greece by Belgium in accordance with the EU Dublin Regulation. The Court issued a standard-setting landmark judgement for the protection of asylum-seekers and it also held that asylum-seekers were a “particularly underprivileged and vulnerable population group in need of special protection”...
He declared that they are not a group ‘historically subject to prejudice with lasting consequences, resulting in their social exclusion”2. This paper aims to critically discuss the judgement delivered in M.S.S v Belgium and Greece. Moreover, it will examine the current position of asylum-seekers who seek ‘international protection’ and the applicability of the legal framework under the 1951 Convention or under the International Human Rights. This paper will also attempt to evaluate the treatment of asylum-seekers in Europe, more specifically, in Greece. It shall also draw some comparisons with the recommended treatment as implemented by the Common European Asylum System. Finally, this paper shall also discuss the concept of vulnerability. This paper is being carried out in order to establish an improved understanding of the refugee laws, including the individuals who may or may not be considered refugees. It is also being carried out in order to assist legal analysts in making better judgments on the status of refugees. Background The ‘right to seek and to enjoy in other countries asylum from persecution’ is indeed a key provision in the Universal Declaration of Human Rights3. However, sometimes this right is not fully observed in parts of Europe today. Instead, asylum-seekers are met with hardship and suspicion and too often are treated inhumanely; some are even placed under detention. Asylum-seekers entering Europe have well founded fears of persecution. Most of their fears stem from their ethnicity, religion, nationality, political opinion, or membership in a particular social group; all of these qualities are very much different or opposed ...Download file to see next pagesRead More
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