scholarly journals Protection of asylum seekers and illegal migrants human rights: Practice of the European Court of Human Rights

2015 ◽  
pp. 33-60
Author(s):  
Andjela Djukanovic
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Illegal Migrants ◽  
Human Rights Practice ◽  
European Court

scholarly journals Protection of human rights of asylum seekers and illegal migrants: Practice of European court of human rights

2013 ◽  
Vol 65 (4) ◽  
pp. 479-508
Author(s):  
Andjela Djukanovic
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Illegal Migrants ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Common ◽  
Difficult Position ◽  
Interim Measures ◽  
The Eu

The European Court of Human Rights plays an important role in protecting the rights of asylum seekers and illegal migrants through a set of different human rights. Requests for interim measures under Rule 39 of the Rules of Court have also great importance. In cases involving illegal migrants and asylum-seekers, the Court was often in a difficult position, given the contradictions that could arise from the protection of human rights and the legitimate aim of the Contracting States to control the entry, residence and expulsion of aliens. The recent Courts judgments in the case of M. S. S. against Belgium and in the case of Jama Hirsi and others v. Italy are particularly important because of their remarkable influence on the perception of the common asylum system in the EU.

scholarly journals Khlaifia and Others v. Italy

2018 ◽  
Vol 112 (2) ◽  
pp. 274-280
Author(s):  
Jill I. Goldenziel
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
Individual Rights ◽  
Detention Centers ◽  
European Court ◽  
Grand Chamber ◽  
The Individual ◽  
The Arab Spring ◽  
Domestic Law

In Khlaifia and Others v. Italy, the Grand Chamber of the European Court of Human Rights (Grand Chamber or Court) released a landmark opinion with broad implications for how states must respect the individual rights of migrants. In the judgment, issued on December 15, 2016, the Court held that Italy's treatment of migrants after the Arab Spring violated the requirement of the European Convention on Human Rights (ECHR) that migrants receive procedural guarantees that enable them to challenge their detention and expulsion. The Court also held that Italy's treatment of migrants in detention centers did not violate the ECHR's prohibition on cruel and inhuman treatment, in part due to the emergency circumstances involved. The Court further held that Italy's return of migrants to Tunisia did not violate the prohibition on collective expulsion in Article 4 of Protocol 4 of the ECHR. Enforcement of the judgment would require many European states to provide a clear basis in domestic law for the detention of migrants and asylum-seekers. Given the global diffusion of state practices involving migrants, and other states’ desires to restrict migration, this case has broad implications for delineating the obligations of states to migrants and the rights of migrants within receiving countries.

Re-Conceptualizing the Right to Seek and Obtain Asylum in International Law

2015 ◽  
Vol 4 (2) ◽  
pp. 303-332
Author(s):  
Salvatore Fabio Nicolosi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
International Human Rights ◽  
The Past ◽  
European Court ◽  
Triggering Factor ◽  
The Right ◽  
Human Rights Standards

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.

Does Self-isolation Violate the Right to Liberty? An Analysis of the European Court of Human Rights’ Practice in Light of the Ukrainian Experience

2020 ◽  
Vol 27 (4) ◽  
pp. 368-385
Author(s):  
Yana Litins’ka ◽  
Oleksandra Karpenko
Keyword(s):  
Human Rights ◽  
Stress Test ◽  
European Convention ◽  
Legal Systems ◽  
Human Rights Practice ◽  
Rapid Action ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

Abstract COVID-19 became a stress-test for many legal systems because it required that a balance be found between rapid action to prevent the spread of the disease, and continued respect for human rights. Many states in Europe, including Ukraine, chose to enforce an obligation to self-isolate. In this article we review what the obligation to self-isolate entails in the case of Ukraine. We also analyse whether such an obligation should be viewed as a deprivation or a mere restriction of liberty, and if it is permissible under the European Convention for the Protection of Human Rights and Fundamental Freedoms.

scholarly journals Theoretical Tools for Studying the Phenomenon of the Influence of the European Court of Human Rights Practice on Legal Activities in Ukraine

2019 ◽  
Vol 1 (85) ◽  
pp. 20-30
Author(s):  
В. А. Завгородній
Keyword(s):  
Human Rights ◽  
Scientific Intelligence ◽  
Legal Regulation ◽  
Practice Research ◽  
Human Rights Practice ◽  
European Court ◽  
Research Problems ◽  
General Scientific ◽  
The Subject ◽  
Selection Of

In this article, the existing approaches to general theoretical jurisprudence have been studied to understand the concept of «methodology» and its structure, on the basis of which the methodology of the European Court of Human Rights practice research and its influence on legal activity in Ukraine is determined. In the opinion of the owner, the most suitable for solving our research tasks is an approach in which the methodology of legal knowledge includes methodological tools and other designs, logically distributed by the conceptual and instrumental levels.As a result, the study found that the theoretical toolkit for the study of the phenomenon of influencing the practice of the European Court of Human Rights on legal activity in Ukraine are: a) universal epistemological principles (comprehensiveness, completeness, historicism, objectivity), which are the imperative requirements that guided the researcher; b) human-centered and sociological methodological paradigms that are interconnected, do not contradict and complement each other, as well as the provisions of the theories of legal influence, legal regulation, legal practice, law-making, legal interpretation, enforcement, legal relations, which became the basis for the formulation of research problems; c) anthropological, complex, dialectical, synergetic, axiological approaches, by which the strategy of scientific intelligence is determined, its specific perspective, selection of investigated facts and interpretation of research results are carried out; d) general scientific and special methods of cognition that ensure the receipt of true scientifically sound knowledge about the subject of research.

scholarly journals Freedom of expression and reputation protection in the European Court of Human Rights practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 39-44
Author(s):  
Andriy Kuchuk
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Private Life ◽  
Clear Understanding ◽  
Human Rights Practice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

The article is devoted to the issue of understanding freedom of expression and reputation protection by the European Court of Human Rights. New opportunities to exercise the right to freedom of expression arise and opportunities to implement the right to freedom of expression as well as the possibilities for defamation increase within a democratic and information society. It is emphasized that within a law-based state guarantees provided to the press are of particular importance, as the media should disseminate information and ideas of public interest, and the public has the right to receive such information and ideas. A clear understanding of the content of the right to freedom of expression and the right to reputation protection is the basis for resolving the issue of finding a balance between them, which designates the relevance of the study. The paper elucidates the results of the European Court of Human Rights decisions analysis under Articles 8 and 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the right to privacy and the right to freedom of expression). Emphasis is placed on the various features of these rights and the peculiarities of their implementation in different circumstances. It is pointed out that the domestic judicial system actively uses the European Court of Human Rights practice in resolving cases related to reputation protection. Attention is placed on the fact that freedom of expression does not extend to hate speech. The spread of the right to reputation protection as for defamation of family members and relatives is analyzed. Emphasis is placed on the dynamic approach of the European Court of Human Rights towards the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms. Even before the beginning of 2000, the European Court of Human Rights noted that the protection of reputation does not fall under the protection of the Convention for the Protection of Human Rights and Fundamental Freedoms. The study describes the genesis of the positions of the European Court of Human Rights on a person’s reputation protection. It is stated that a person’s right to protection of his or her reputation is covered by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms as part of the right to respect for private life (provided that causing considerable damage to reputation if it affects a person’s private life).

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