Search Results

Restricted Access

Foreigners: Wanted Dead or Alive?

Medical Cases before European Courts and the Need for an Integrated Approach to Non-Refoulement

Céline Bauloz

While non-refoulement is an absolute principle of international human rights law, its application to seriously ill individuals exposed to premature death and physical and mental suffering because of the substandard medical system in their country of origin seems to have followed a double standard in Europe. On the one hand, medical cases are increasingly treated at the margin of the non-refoulement principle by the European Court of Human Rights, being only covered in highly exceptional cases. On the other hand, seriously ill individuals have been excluded from the scope of subsidiary protection in the European Union as confirmed by the Court of Justice of the European Union. Against such restrictive interpretations, the present article calls for an integrated approach where all non-refoulement claims, including those on medical grounds, are to be assessed along the same criteria so as to ensure seriously ill individuals a genuine right to live in dignity.

Restricted Access

Series:

Céline Bauloz, Meltem Ineli-Ciger, Sarah Singer and Vladislava Stoyanova

Restricted Access

Series:

Céline Bauloz, Meltem Ineli-Ciger, Sarah Singer and Vladislava Stoyanova

Restricted Access

Series:

Céline Bauloz, Meltem Ineli-Ciger, Sarah Singer and Vladislava Stoyanova

Restricted Access

Seeking Asylum in the European Union

Selected Protection Issues Raised by the Second Phase of the Common European Asylum System

Series:

Edited by Céline Bauloz, Meltem Ineli-Ciger, Sarah Singer and Vladislava Stoyanova

Seeking asylum in the European Union (EU) today is as complex as the EU asylum system itself: the different forms of protection that exist do not remain easily accessible and are sometimes not tailored to the specific protection needs of asylum-seekers. The aim of this volume is to provide critical analyses of selected problems that scholars and policy-makers will have to address in the ‘second phase’ of the Common European Asylum System. A broad range of issues are examined relating to access to and qualification for international protection and the further problems raised by this amended set of asylum instruments which continue to impede asylum-seekers from benefiting from effective protection in EU Member States.

With a foreword by Professor Hélène Lambert.