THE PLACE OF REFUGEE RIGHTS IN THE EUROPEAN LEGAL SYSTEM: INTEGRATION OF HUMAN RIGHTS PRINCIPLES

This article explores the position of refugee rights within the European legal system, analyzing how core human rights principles are integrated into laws and policies governing asylum and migration. It examines international legal obligations, particularly the 1951 Refugee Convention and the European Convention on Human Rights (ECHR), and their influence on European Union (EU) legislation and the jurisprudence of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The article also considers the impact of recent refugee crises on the evolution of legal norms and assesses whether the European legal framework sufficiently protects the rights of refugees, especially in the context of border controls, detention, non-refoulement, and socio-economic rights. Through doctrinal and comparative legal analysis, the paper argues for a more cohesive and rights-based approach to refugee protection in Europe.

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-05-20
DOI
https://doi.org/10.5281/zenodo.15472214
Primary Topic
Gender and Women's Rights
Type
article
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article

THE PLACE OF REFUGEE RIGHTS IN THE EUROPEAN LEGAL SYSTEM: INTEGRATION OF HUMAN RIGHTS PRINCIPLES

Zenodo (CERN European Organization for Nuclear Research)
Gender and Women's Rights
article

THE PLACE OF REFUGEE RIGHTS IN THE EUROPEAN LEGAL SYSTEM: INTEGRATION OF HUMAN RIGHTS PRINCIPLES

article en

Abstract

This article explores the position of refugee rights within the European legal system, analyzing how core human rights principles are integrated into laws and policies governing asylum and migration. It examines international legal obligations, particularly the 1951 Refugee Convention and the European Convention on Human Rights (ECHR), and their influence on European Union (EU) legislation and the jurisprudence of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The article also considers the impact of recent refugee crises on the evolution of legal norms and assesses whether the European legal framework sufficiently protects the rights of refugees, especially in the context of border controls, detention, non-refoulement, and socio-economic rights. Through doctrinal and comparative legal analysis, the paper argues for a more cohesive and rights-based approach to refugee protection in Europe.

Zenodo (CERN European Organization for Nuclear Research)
Reduced inequalities
Openalex Percentile: Top 48%
Gender and Women's Rights
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