Access to the Convention Rights of Asylum Seekers: Selected Case Law of the European Court of Human Rights
In this article, the author merely writes about the access to the human rights (guaranteed by the 1950 Convention for the Protection
of Human Rights and Fundamental Freedoms, better known as the European Convention on Human Rights) of asylum seekers, a
specific category of persons who are not refugees but in need of protection. The legal narrative of the characteristics of a person’s legal
status being an asylum seeker is formulated based on the selected case law of the European Court of Human Rights. Therefore, it is
obvious that the essential condition is related to such a person’s fears not to return to the country of origin (citizenship and/or permanent
residence). The spread of COVID-19 during 2020 provoked the suspension of migration flows, including asylum seekers, however,
does not mean that they have lost their fear for their lives.
The scholars who are studying the institution of asylum generally do not pay much attention to the Convention for the Protection
of Human Rights and Fundamental Freedoms of 1950 or the ECtHR. But in reality, the case law of the European Court of Human Rights
makes a significant contribution to the regulation and exercise of the right to asylum. After analyzing the cases considered by the
ECtHR, it is possible to identify several rights guaranteed by the ECHR, which are very closely related to the right of a person to asylum.
The following cases are taken as a basis for research: Sufi and Elmi v. the United Kingdom, Saadi v. Italy, M.S.S. v. Belgium and
Greece, Othman (Abu Qatada) v. the United Kingdom, Tarakhel v. Switzerland, etc.
The institution of asylum and the protection of the rights of asylum seekers is an important area for global and detailed research,
as it is an important component of international law and a socially significant issue.
Asylum seekers are people who need protection because they are forced to leave the country of his or her nationality because of
a threat to life or violation of other rights.
The link between such conventional rights as the right to life, prohibition of slavery and forced labor, right to liberty and security,
right to a fair trial, right to an effective remedy with the right to asylum is analyzed. With the help of examples of Court decisions, it is
demonstrated that recourse to the ECHR to protect one of the convention rights can be an effective means of realizing the right to asylum.
2. Shevchuk, S. V. (2007). Sudovyj zakhyst prav liudyny. Praktyka Yevropejs'koho Sudu z prav liudyny u konteksti zakhidnoi pravovoi tradytsii. 2-he vyd., vypr. i dop. Kyiv: Referat [in Ukrainian].
3. Sofins'ka I.D. (2018) Filosofs'ko-pravova viziia doktryny hromadianstva: monohrafiia. L'viv: Vydavnytstvo «Kameniar» [in Ukrainian].
4. Nersesiantsa. V.S. (za red.). (1988). Istoryia polytycheskykh i pravovykh uchenyj: uchebnik. Moskva: Yurydichiskaia literatura [in Russian].
5. Weil P. (author), Porter C. (translator). (2008). How to Be French: Nationality in the Making since 1789. Duke University Press: Durham and London [in English].
6. Butkevych V.H. (za red.). (2004) Mizhnarodne: osnovni haluzi: pidruchnyk dlia studentiv vyschykh navchal'nykh zakladiv, scho navchaiut'sia za spetsial'nistiu «Mizhnarodne pravo», «Mizhnarodni vidnosyny». Kyiv: Lybid’ [in Ukrainian].