The role of Convention for the protection of human rights and fundamental freedoms in the protection of the rights of refugees
Journal Title: Альманах міжнародного права - Year 2016, Vol 11, Issue
Abstract
It should be noted that the text of the Convention for the protection of human rights and fundamental freedoms, basically there is no emphasis on the refugees, but it extends to them the action and guarantees provided in the Convention rights. First of all, there are the rights necessary for the protection of refugees from expulsion (expulsion) and the right necessary to pro- tect the basic rights of refugees in the territory of the Contracting States. Some articles of the Con- vention and its Protocols concerning certain aspects of forced migration, regulating directly or indirectly in the following areas: the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against whom action is being deportation or extradition; the right to liberty of movement and freedom to choose his residence; prohibition of expulsion from the territory of the State of which the applicant and the right to return to the country of nationality; prohibition of collective expulsion of aliens; guarantee the implementation procedures for the expulsion of aliens lawfully in the territory. We can state that in some situations the European Convention complements and even enhances the protection of refugees under the Convention on Refugees of 1951. The European Convention is the most effective mechanism, which ensures additional protection due to the exist- ence within it the most effective control mechanism, consisting of the European Court of Human Rights, which makes binding decisions, and the Committee of Ministers of the Council of Europe, which controls the strict implementation of these decisions. It should be mentioned that in spite of restrictive policies in Europe, faced by refugees on its territory, the European Court of Human Rights often provides greater protection against ex- pulsion than universal monitoring mechanisms. European Court of Human Rights confirms the priority of human rights.
Authors and Affiliations
О. І. КОТЛЯР
Keywords
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