Asylum and the European Convention on Human Rights (Human Rights Files No. 9)

Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers. This revised edition considers the substantial body of case law of the European Court of Human Rights which has examined the compatibility of the Convention with measures taken by states in relation to all aspects of the asylum process. It also observes the role of subsidiary protection offered by the Strasbourg organs in protecting those at risk of prohibited treatment. In addition, the study considers the increasingly relevant provisions of EU law developments in the field, as well as measures taken in the context of terrorist threats – both of which have had a significant impact on the practical circumstances and law on refugees and asylum seekers.

Introduction Overview Background considerations: movement of refugees in Europe from the aftermath of the Second World War to the present Recent trends in Europe Part One – The role of the European Convention on Human Rights in protection from expulsion to face human rights abuses The applicability of the Convention to asylum cases The risk of torture, inhuman or degrading treatment The significance of the jurisprudence of the UNCAT Committee The extraterritorial application of other articles of the ECHR Procedural guarantees and the right to an effective remedy where expulsion is threatened Forced expulsion of reluctant deportees Part Two – The role of the European Convention on Human Rights in situations not involving protection from expulsion Detention under Article 5 and restrictions on freedom of movement under Article 2 of Protocol No.4 Family life and private life Children and asylum Article 12 – The right to marry and found a family Status of those whose claim is being examined or has been rejected Non-discrimination – Article 14 and Protocol No.12 Racism, xenophobia and the media Terrorism Part Three – The subsidiary protection of the European Court of Human Rights The right of individual petition Interim measures – Rule 39 Expediting cases Conditions to be fulfilled Execution of judgments – The Committee of Ministers Asylum and the European Union Conclusion Appendix I – Selected Council of Europe instruments relating to asylum Appendix II – Key European Union texts relating to asylum Appendix III – Guidelines on human rights and the fight against terrorism (extract) Appendix IV – Countries which have accepted the right of individual petition under the United Nations Convention against Torture