General Population Law.

Sarahí Monserrat Hernández Segura - 00423885

International Public Law

The right of asylum is a fundamental concept in the realm of international human rights law.
It is closely linked to the protection of individual human rights and the need to provide refuge
for those at risk of persecution. The Universal Declaration of Human Rights and the
European Convention on Human Rights both emphasize the importance of safeguarding
human rights for all individuals within a country's jurisdiction. However, a significant
challenge arises concerning those who may not have access to the protection of such regional
instruments.

This challenge is particularly pertinent for individuals seeking asylum, as they often face
imminent threats to their human rights. The provision of asylum becomes essential for their
well-being, much like the right to life is the foundation for enjoying other human rights. The
European Convention underscores the significance of protecting the right to life, and
similarly, a refugee's first requirement is the grant of asylum.

Traditionally, the right of asylum was rooted in a state's sovereignty to decide whom to admit
to its territory. This approach was reflected in Article 14 of the Universal Declaration, which
stated that everyone has the right "to seek and enjoy in other countries asylum from
persecution." This wording allowed states to have discretion in granting asylum. However,
more recent developments in the law on asylum shift the focus towards the necessity of
protecting individual human rights and equate the right of asylum with the right of an
individual to have their human rights safeguarded.

In municipal law, the right of asylum can be incorporated in several ways. The most secure
method is through constitutional provisions, as an increasing number of countries are
including such provisions in their constitutions. These constitutional safeguards often
emphasize the right of the individual to seek asylum as an integral aspect of protecting human
rights.

Legislation or statutory provisions, especially related to extradition and aliens' laws, can also
incorporate the right of asylum. Extradition laws typically restrict the surrender of individuals
sought for political offenses, and aliens' laws limit the expulsion of those who may face
persecution if expelled.

International treaties, when incorporated into municipal law, can further secure the right of
asylum. For example, the 1951 Refugee Convention, which many European states are parties
to, provides significant protection for refugees already admitted within a country's borders.

In conclusion, the right of asylum is a crucial aspect of protecting individual human rights in
the context of international, regional, and municipal law. The evolving legal landscape
increasingly focuses on the need to ensure the protection of human rights for those seeking
asylum, emphasizing the universality and non-discrimination of this right. European states
have shown a commitment to granting asylum both within their territories and to those
seeking refuge from outside, making their practices align with the spirit of international
human rights law.

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