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Part VI Refugee Rights and Realities, Ch.48 The Right to Asylum

María‐Teresa Gil‐Bazo, Elspeth Guild

From: The Oxford Handbook of International Refugee Law

Edited By: Cathryn Costello, Michelle Foster, Jane McAdam

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 February 2024

Asylum — Non-refoulement

This chapter explores the right to asylum in international law of universal and regional scope, including the right to seek asylum and the right to be granted asylum,. It does so by examining the evolution of asylum in international law and practice, as well as the jurisprudence of a number of courts, most notably the Court of Justice of the European Union and the Inter-American Court of Human Rights. Asylum, understood as ‘the protection that a State grants on its territory or in some other place under the control of certain of its organs to a person who comes to seek it’, is a well-known institution in international law and its historical roots in State practice are well established. Asylum is different from refugee status, as the former constitutes an institution for protection, while the latter refers to the content of the protection offered to those who meet the refugee definitions under the relevant international instruments. The chapter then offers a critique of the current state of play regarding asylum, refugee status, and international protection, including in the context of the Global Compact on Refugees. It looks at trends arising in regional contexts and analyses their contribution to a holistic interpretation of States’ obligations towards refugees and others in need of protection.

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