Advanced

The Right to Seek Revisited: On the UN Human Rights Declaration Article 14 and Access to Asylum Procedures in the EU

Gammeltoft-Hansen, Thomas LU and Gammeltoft-Hansen, Hans (2008) In European Journal of Migration and Law 10(4). p.439-459
Abstract
Th is article compares the “right to seek and enjoy asylum” enshrined in Art. 14 of the Universal Declaration of Human Rights with the current EU policy developments to “externalize” or “extraterritorialise” migration control and refugee protection. Examining the genesis of Art. 14 during the negotiations of the Universal Declaration, it is argued that while Art. 14 clearly falls short of granting a substantive right to be granted asylum, its formulation was intended to maintain a procedural right – the right to an asylum process. While the Universal Declaration is not a legally binding instrument, going back to the fundamental norms expressed herein nonetheless provides an important starting point for evaluating current policies,... (More)
Th is article compares the “right to seek and enjoy asylum” enshrined in Art. 14 of the Universal Declaration of Human Rights with the current EU policy developments to “externalize” or “extraterritorialise” migration control and refugee protection. Examining the genesis of Art. 14 during the negotiations of the Universal Declaration, it is argued that while Art. 14 clearly falls short of granting a substantive right to be granted asylum, its formulation was intended to maintain a procedural right – the right to an asylum process. While the Universal Declaration is not a legally binding instrument, going back to the fundamental norms expressed herein nonetheless provides an important starting point for evaluating current policies, especially in light of recent critiques against overly expansive interpretation of human rights law. As such, the article concludes that the current EU policies to shift migration control and refugee protection away from Europe in important respects contravenes “the right to seek asylum” as it was conceived exactly 60 years ago. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
keywords
Universal Human Rights Declaration, off shore asylum processing, regional protection programmes, outsourcing refugee protection, interdiction, immigration liaison officers, visa, carrier sanctions, extraterritorial migration control, EU asylum and immigration policy, right to an asylum procedure, Art. 14, drafting history
in
European Journal of Migration and Law
volume
10
issue
4
pages
21 pages
publisher
Brill Academic Publishers
external identifiers
  • scopus:68249137012
ISSN
1571-8166
DOI
10.1163/157181608X380219
language
English
LU publication?
yes
id
0342986e-10c2-486d-92bd-1ac08e3c2f5e
date added to LUP
2016-05-18 17:25:48
date last changed
2017-03-09 10:06:40
@article{0342986e-10c2-486d-92bd-1ac08e3c2f5e,
  abstract     = {Th is article compares the “right to seek and enjoy asylum” enshrined in Art. 14 of the Universal Declaration of Human Rights with the current EU policy developments to “externalize” or “extraterritorialise” migration control and refugee protection. Examining the genesis of Art. 14 during the negotiations of the Universal Declaration, it is argued that while Art. 14 clearly falls short of granting a substantive right to be granted asylum, its formulation was intended to maintain a procedural right – the right to an asylum process. While the Universal Declaration is not a legally binding instrument, going back to the fundamental norms expressed herein nonetheless provides an important starting point for evaluating current policies, especially in light of recent critiques against overly expansive interpretation of human rights law. As such, the article concludes that the current EU policies to shift migration control and refugee protection away from Europe in important respects contravenes “the right to seek asylum” as it was conceived exactly 60 years ago. },
  author       = {Gammeltoft-Hansen, Thomas and Gammeltoft-Hansen, Hans},
  issn         = {1571-8166},
  keyword      = {Universal Human Rights Declaration,off shore asylum processing,regional protection programmes, outsourcing refugee protection, interdiction, immigration liaison officers,visa, carrier sanctions, extraterritorial migration control,EU asylum and immigration policy,right to an asylum procedure,Art. 14, drafting history},
  language     = {eng},
  number       = {4},
  pages        = {439--459},
  publisher    = {Brill Academic Publishers},
  series       = {European Journal of Migration and Law},
  title        = {The Right to Seek Revisited: On the UN Human Rights Declaration Article 14 and Access to Asylum Procedures in the EU},
  url          = {http://dx.doi.org/10.1163/157181608X380219},
  volume       = {10},
  year         = {2008},
}