Definition
The legal process of allocating entitlement to international protection for migrants.
Legal Processes, International Protection, and Immigration Control
While asylum is by definition a migration-related concept, the notion of human rights is applicable to a variety of contexts. In relation to migrants and migration, human rights issues can be raised both in connection to the physical and legal act of migration and also to the conditions in which migrants find themselves once having arrived in their host nation. In relation to this latter point, a number of studies have shown that migrants find themselves particularly vulnerable to human rights infractions as a result of state policies and their precarious position in host societies (see, e.g., Dembour and Kelly 2011; Benhabib 2005; Nash 2009). With regard to the former, the concepts of asylum and human rights can be considered together as essentially legal frameworks followed by states for formally recognizing and...
References
Benhabib S (2005) The rights of others: aliens, residents and citizens. CUP, Cambridge
Chetail V (2012) Are refugee rights human rights?: an unorthodox questioning of the relations between refugee law and human rights law. Social Science Research Network. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2147763. Accessed 20 Dec 2012
Dembour M-B, Kelly T (2011) Are human rights for migrants?: critical reflections on the status of irregular migrants in Europe and the United States. Routledge, London
MSS v Greece & Belgium. Grand Chamber Judgement No. 30696/09. The European Court of Human Rights. 21 Jan 2011
Nash K (2009) The cultural politics of human rights: comparing the US and UK. CUP, Cambridge
Plender R, Mole N (1999) Beyond the Geneva Convention: constructing a de facto right of asylum from international human rights instruments. In: Nicholson F, Twomey P (eds) Refugee rights and realities: evolving international concepts and regimes. CUP, Cambridge
Vine J (2012) An inspection of the UK Border Agency’s handling of legacy asylum and migration cases. Statutory Inspection Report. Independent Chief Inspector of the UK Border Agency. Available at http://icinspector.independent.gov.uk/wp-content/uploads/2012/11/UK-Border-Agencys-handling-of-legacy-asylum-and-migration-cases-22.11.2012.pdf. Accessed 20 Dec 2012
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2015 Springer Science+Business Media Dordrecht
About this entry
Cite this entry
Southerden, T. (2015). Asylum and Human Rights. In: Bean, F., Brown, S. (eds) Encyclopedia of Migration. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-6179-7_33-4
Download citation
DOI: https://doi.org/10.1007/978-94-007-6179-7_33-4
Received:
Accepted:
Published:
Publisher Name: Springer, Dordrecht
Online ISBN: 978-94-007-6179-7
eBook Packages: Springer Reference Social SciencesReference Module Humanities and Social SciencesReference Module Business, Economics and Social Sciences