Asylum for refugees
The right of asylum is a protection mechanism through which a State guarantees the protection and assistance of those who have fled their country of origin for various reasons, generally related to the violation of fundamental rights such as persecution in their countryfor reasons of race, religion, nationality, belonging to a certain social group or political opinion.
In the beginning it is understood as a protection that a State offers to people who are not nationals whose life or freedom are in danger of acts, threats and persecutions of the authorities of another state or even by people or crowds who have escaped the control ofThese authorities
Not always the requesting persons of this right access it for not complying with any of the requirements, even so the Geneva Convention opened the door towards a subsidiary protection system that allows the asylum applicant not to be returned to their country of origin calledsubsidiary or humanitarian protection, in these cases it is recognized that this person can run a danger in their country of origin.
Thus, the procedure can conclude in two different ways: either the highest level of protection is recognized and therefore it is recognized as a refugee when complying with the requirements or a lower protection derived from a risk situation is recognized inthe country of origin.
This protection figure as we know is currently born after World War II to respond to the European problem, since many people were displaced from their place of origin, so countries decide to make the Convention on the Statute of Refugeeswhose resolution was adopted by a United Nations Plenipotentiaries conference on July 28, 1951 with entry into force on April 21, 1954, currently being ratified by 145 states.
After this successful convention, the foundations of current law were established although with nuances since this convention collected two limits to this right: on the one hand a temporary limit limiting the application to the persons who were in that situation with a date prior to January 1951, and on the other a spatial limit when addressing people from the European continent leaving the free arbitration of the countries if they extended this right to people who did not meet these two requirements.
As time advanced, new situations appeared in which the application of the agreement was necessary and there1951 since both the temporal and spatial limit are suppressed.
After these conventions, it is established that the refugee status is applicable to the people who, having proceeded to request the asylum petition, has been accepted by the third state applying from that time the guarantee of the non-refoulement, that is, the State isIt commits not to return the individual to the country of origin. This guarantee is offered by the signatory countries of the Geneva Convention recognizing its refugee status.
It should be noted that such recognition does not necessarily entail a territorial asylum, so it will be at the expense of the internal regulations of each country, the “graceable” character that according to Manuel Díez de Velasco Vallejo has this right has this right. Ortega Terol, on the other hand, states that although a person is persecuted, he has the right to exercise a right of asylum but there will be no duty to recognize it by the State.
This aspect has been changing, currently the EU acknowledges that it is a personal right by configuring as a subjective public law no longer as a “graceable” right if not as a series of rights that people have regardless of whether it producesthe request or not. It is therefore a right inherent to the person as established by Duhu in its article 14
In the first conventions there was a definition of refugee that is currently used within the EU, concluding the hitomy until then existing refuge and asylum definitions by equating them and defining them as “a person who due to the founded fears of being persecuted byReasons of race, religion, nationality, belonging to a certain social group or political opinions, is outside the country of its nationality and finding, as a result of such events, outside the country where it used to have its habitual residence, it cannot or, because ofOf these fears, do not want to return to him "
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