The Application of Human Rights Standards by German Courts to Asylum-Seekers, Refugees and other Migrants

The Application of Human Rights Standards by German Courts to Asylum-Seekers, Refugees and other... European Journal of Migration and Law 3: 171–184, 2001. © 2001 Kluwer Law International. Printed in the Netherlands. 171 The Application of Human Rights Standards by German Courts to Asylum-Seekers, Refugees and other Migrants BERTOLD HUBER ∗ 1. Introduction The Federal Republic of Germany – like the other Member States of the European Union (EU) – has ratified and transformed into its national law the Human Rights Pacts of the United Nations, the Geneva Convention relating to the Status of Refugees, the UN Convention relating to the Status of State- less Persons, the UN Convention on the Rights of the Child and, in the context of the Council of Europe, the European Convention on Human Rights and Fundamental Freedoms (hereafter ECHR) and its additional protocols – with the exception of the seventh protocol. These international treaties have over the last few years become an increasingly important source of German immigration law, impacting deeply on the legal status of refugees and other migrants. Not least, this is because section 53(4) of the German Aliens Act ( Ausländergesetz ) forbids the expulsion of a foreigner from Germany if that is contrary to the ECHR. Before such matters of detail are http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

The Application of Human Rights Standards by German Courts to Asylum-Seekers, Refugees and other Migrants

European Journal of Migration and Law, Volume 3 (2): 171 – Jan 1, 2001

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Publisher
Brill
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-364X
eISSN
1571-8166
D.O.I.
10.1163/15718160120959159
Publisher site
See Article on Publisher Site

Abstract

European Journal of Migration and Law 3: 171–184, 2001. © 2001 Kluwer Law International. Printed in the Netherlands. 171 The Application of Human Rights Standards by German Courts to Asylum-Seekers, Refugees and other Migrants BERTOLD HUBER ∗ 1. Introduction The Federal Republic of Germany – like the other Member States of the European Union (EU) – has ratified and transformed into its national law the Human Rights Pacts of the United Nations, the Geneva Convention relating to the Status of Refugees, the UN Convention relating to the Status of State- less Persons, the UN Convention on the Rights of the Child and, in the context of the Council of Europe, the European Convention on Human Rights and Fundamental Freedoms (hereafter ECHR) and its additional protocols – with the exception of the seventh protocol. These international treaties have over the last few years become an increasingly important source of German immigration law, impacting deeply on the legal status of refugees and other migrants. Not least, this is because section 53(4) of the German Aliens Act ( Ausländergesetz ) forbids the expulsion of a foreigner from Germany if that is contrary to the ECHR. Before such matters of detail are

Journal

European Journal of Migration and LawBrill

Published: Jan 1, 2001

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