TY - JOUR
AU - EINARSEN, TERJE
AB - AbstractIt is common ground that no provision on asylum is included in the European Convention on Human Rights. However, discretion with respect to negative decisions in asylum or deportation cases may still be restricted by, among others, articles 3,8 and 13 of the Convention; and in certain cases, asylum-seekers may not be removed from the territory of Contracting States. This raises the question, whether an implied right to dt facto asylum is inherent in the European Bill of Rights. This article puts its main emphasis on article 3 (the right to freedom from torture and other ill-treatment), and article 13 (the right to an effective remedy), and their connection in asylum cases. With respect to article 3, particular attention is paid to the 1989 judgment of the European Court of Human Rights in Sotring v. Unittd Kingdom. The facts in this case concerned a request for the extradition of a Cerman citizen charged with murder in the United States of America, but some of the principles laid down by the Court seem bound to have an important bearing on more typical asylum cases. Evaluating the European system, the author concludes that the rights in question, taken together, give meaning and content to the notion of an implied right to dt facto asylum under the Convention. The practical effect of such an implied right may be questioned, although its potential is much greater than the numbers of successful applications before the Commission of Human Rights might suggest. The article concludes with some implications for international law in general. At present, the most interesting perspective nevertheless remains linked to the European system of human rights, and the role and leadership of the European Court of Human Rights in future asylum cases
TI - The European Convention on Human Rights and the Notion of an Implied Right to de facto Asylum
JO - International Journal of Refugee Law
DO - 10.1093/ijrl/2.3.361
DA - 1990-07-01
UR - https://www.deepdyve.com/lp/oxford-university-press/the-european-convention-on-human-rights-and-the-notion-of-an-implied-gVnhG7m3Vf
SP - 361
EP - 389
VL - 2
IS - 3
DP - DeepDyve
ER -