Re-Conceptualizing the Right to Seek and Obtain Asylum in International Law
The Role of Regional Human Rights Systems
In: International Human Rights Law ReviewSearch for other papers by Salvatore Fabio Nicolosi in
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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 courts. After setting the background on the interrelation of asylum with human rights, this article conceptualises the right to asylum as derived from the principle of non-refoulement and to this extent it delves into the role of the two regional human rights courts, notably the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR), in order to explore whether an emerging judicial cross-fertilisation may contribute to re-conceptualisation of the right to asylum from a human rights perspective.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 466 | 96 | 32 |
| Full Text Views | 263 | 10 | 3 |
| PDF Views & Downloads | 138 | 27 | 13 |
Re-Conceptualizing the Right to Seek and Obtain Asylum in International Law
The Role of Regional Human Rights Systems
In: International Human Rights Law ReviewSearch for other papers by Salvatore Fabio Nicolosi in
Current site
Google Scholar
PubMed
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 courts. After setting the background on the interrelation of asylum with human rights, this article conceptualises the right to asylum as derived from the principle of non-refoulement and to this extent it delves into the role of the two regional human rights courts, notably the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR), in order to explore whether an emerging judicial cross-fertilisation may contribute to re-conceptualisation of the right to asylum from a human rights perspective.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 466 | 96 | 32 |
| Full Text Views | 263 | 10 | 3 |
| PDF Views & Downloads | 138 | 27 | 13 |
