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Protecting asylum seekers - Article Example

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The provisions of European Conventions on Human Rights, 1950 vis-'-vis those in UN Convention on Status of Refugees, 1951 have been found to be more effective in providing protection for the asylum seekers within European countries. In most countries, an individual appeal to an international tribunal can only be done under provisions of European convention on Human Rights, 1950…
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Protecting asylum seekers
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Protecting asylum seekers

Download file to see previous pages... Some provisions where there is specific advantage to individuals due to European Convention are discussed in sufficient details in following paragraphs.
Geneva Convention provides protection to an individual under Article 1 only if he is outside the country of his nationality residence. European Convention provides a wider implication whereby even situations of denied asylum seeker's close family members hold nationality of such state are covered. Exile of such individuals would breach Article 3 (along with Article 8) if they were likely to face the risk of ill-treatment in the event of them accompanying such a denied asylum seeker. Similar clause shall also be applicable even in case of a country's citizens.
Geneva Convention becomes applicable in the event of an individual likely to face persecution due to reasons mentioned in Article 1 which include "race, religion, nationality, membership of a particular social group or political opinion." However, no such limitation applies under Article 3 of European Convention. The Convention applies equally to the process of extradition, removal of asylum seekers, those granted humanitarian status but not recognised as Convention refugees and those Convention refugees who have lost protection of Geneva Convention. ...
State Responsibility
An important inherent feature of Geneva Convention's Article 1 is the State responsibility whereby it provides protection only to those individuals who have evidently lost the protection of the state for any known or unknown reason. Geneva Convention expects a refugee to fear persecution which is direct fallout of failure of state protection. However, court rulings have stated that absence of state authority is not related to risk likely to be faced by an individual (as in Ahmed Vs Austria) and thus protection is applicable to an individual. This argument has again been stated in various rulings that Geneva clause of lost state protection cannot be applied universally against individuals appealing under European Convention.

Exclusion Clauses
Exclusion clauses of Geneva Convention in Article 1(f) talk about non-applicability of protection provisions to individuals who have committed serious crimes against peace, a war crime, crime against humanity, serious non-political crime outside the country of his refuge prior to admission to that country as a refugee or those guilty of acts contrary to the purposes and principles of the United nations. Critics of this Article say that there is no reason for a person to be forever barred a refugee status if he has already been convicted of a serious crime and served his sentence. There seems no logical reasoning either to hold such prejudice against an individual for life. While Geneva Convention provides protection to only a privileged set of individuals and one can easily loose such protection under provisions of Geneva Convention, European Convention remedies this serious lapse.

Danger to Security
Geneva Convention Article 33(2) states that protection can be lost if there are ...Download file to see next pagesRead More
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