How does human rights law address the issue of political asylum?

Human rights law plays a crucial role in addressing the issue of political asylum by providing legal frameworks and protections for individuals fleeing persecution in their home countries. One of the key instruments that govern political asylum is the 1951 Refugee Convention and its 1967 Protocol, which define who is a refugee, their rights, and the obligations of states towards them.

Non-refoulement Principle

Central to human rights law's approach to political asylum is the principle of non-refoulement, which prohibits states from returning individuals to countries where they may face persecution. This principle is enshrined in various human rights instruments and is considered a customary international law norm.

Procedural Safeguards

Human rights law also ensures that individuals seeking political asylum are provided with fair and efficient asylum procedures, access to legal representation, and the right to appeal negative decisions. These procedural safeguards aim to protect asylum seekers from arbitrary detention or deportation.

Protection of Rights

Furthermore, human rights law mandates that states respect the rights of asylum seekers, including the right to life, liberty, and security of person, non-discrimination, and access to education and healthcare. These rights ensure that individuals fleeing persecution are treated with dignity and granted the protection they are entitled to under international law.