The role of Council of Europe law and ECtHR practice in the protection of refugee rights

Yuliya M. HRYSHYNA, Maryna BARSUK, Ivan Y. KAYLO, Volodymyr O. HAVRYLYUK, Dmytro V. TKACHENKO
{"title":"The role of Council of Europe law and ECtHR practice in the protection of refugee rights","authors":"Yuliya M. HRYSHYNA, Maryna BARSUK, Ivan Y. KAYLO, Volodymyr O. HAVRYLYUK, Dmytro V. TKACHENKO","doi":"10.24818/tbj/2023/13/3.10","DOIUrl":null,"url":null,"abstract":"h negotiations and litigation, and the principle of peaceful settlement of disputes is one of the fundamental principles of international law, there are still subjects of international law in the world who prefer the military way of dispute settlement and violate the fundamental principles of peaceful interstate relations. One of the most striking examples is the armed aggression of the Russian Federation against an independent European state - Ukraine. Russia not only violated the fundamental principles of international law, such as peaceful settlement of disputes, respect for the sovereignty of the state, etc. but also caused a huge number of human rights violations. As a result of the armed aggression, many Ukrainian citizens were forced to seek refuge abroad in European countries. Thus, the issue of legal regulation of the rights of refugees in Europe is relevant both for the European countries that accept and protect such refugees, and for the citizens of Ukraine who are forced to obtain such status. The author of the article paid special attention to the protection of refugees' rights within the framework of the Council of Europe law and the ECtHR case law, as these institutions are key to the protection of human rights in the European space. Thus, the study of the role of the Council of Europe and the ECtHR will provide an opportunity to understand the overall picture of refugee protection in the region. In general, the growth of annual migration volumes makes it necessary to pay special attention to this issue, especially in relation to forced migrants who are vulnerable and in need of protection by the host state. The purpose of this article is to explore the role and significance of the law of the Council of Europe, as well as the ECHR in the protection of the rights and freedoms of refugees in the European region, as well as the current issues faced by Ukrainian refugees in European countries. In addition, the article examines the fundamental approaches to the understanding of the concept of refugee in the theoretical and legal plane.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.9000,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Juridical Tribune-Tribuna Juridica","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24818/tbj/2023/13/3.10","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0

Abstract

h negotiations and litigation, and the principle of peaceful settlement of disputes is one of the fundamental principles of international law, there are still subjects of international law in the world who prefer the military way of dispute settlement and violate the fundamental principles of peaceful interstate relations. One of the most striking examples is the armed aggression of the Russian Federation against an independent European state - Ukraine. Russia not only violated the fundamental principles of international law, such as peaceful settlement of disputes, respect for the sovereignty of the state, etc. but also caused a huge number of human rights violations. As a result of the armed aggression, many Ukrainian citizens were forced to seek refuge abroad in European countries. Thus, the issue of legal regulation of the rights of refugees in Europe is relevant both for the European countries that accept and protect such refugees, and for the citizens of Ukraine who are forced to obtain such status. The author of the article paid special attention to the protection of refugees' rights within the framework of the Council of Europe law and the ECtHR case law, as these institutions are key to the protection of human rights in the European space. Thus, the study of the role of the Council of Europe and the ECtHR will provide an opportunity to understand the overall picture of refugee protection in the region. In general, the growth of annual migration volumes makes it necessary to pay special attention to this issue, especially in relation to forced migrants who are vulnerable and in need of protection by the host state. The purpose of this article is to explore the role and significance of the law of the Council of Europe, as well as the ECHR in the protection of the rights and freedoms of refugees in the European region, as well as the current issues faced by Ukrainian refugees in European countries. In addition, the article examines the fundamental approaches to the understanding of the concept of refugee in the theoretical and legal plane.
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
欧洲委员会法律和欧洲人权委员会在保护难民权利方面的作用
和平解决争端的原则是国际法的基本原则之一,但国际上仍有一些国际法主体倾向于以军事方式解决争端,违反了和平国家间关系的基本原则。最突出的例子之一是俄罗斯联邦对一个独立的欧洲国家- -乌克兰的武装侵略。俄罗斯不仅违反了和平解决争端、尊重国家主权等国际法基本原则,而且造成了大量侵犯人权的行为。由于武装侵略,许多乌克兰公民被迫到欧洲国家寻求庇护。因此,对欧洲难民权利进行法律规制的问题,既关系到接受和保护这些难民的欧洲国家,也关系到被迫获得这种地位的乌克兰公民。文章作者特别关注在欧洲委员会法和欧洲人权法院判例法框架内保护难民权利的问题,因为这些机构是在欧洲空间保护人权的关键。因此,研究欧洲委员会和欧洲人权委员会的作用将提供一个机会,了解该区域难民保护的全面情况。总的来说,每年移民数量的增长使得有必要特别关注这一问题,特别是与弱势和需要东道国保护的被迫移民有关的问题。本文的目的是探讨欧洲委员会的法律以及欧洲人权公约在保护欧洲地区难民的权利和自由方面的作用和意义,以及目前在欧洲国家的乌克兰难民面临的问题。此外,本文还从理论和法律层面探讨了理解难民概念的基本途径。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 去求助
来源期刊
CiteScore
1.70
自引率
0.00%
发文量
20
审稿时长
24 weeks
期刊最新文献
Compensation for non-material damage caused to legal entities in the decision-making practice of the CJEU and the ECHR Problems of legal regulation of artificial intelligence in administrative judicial procedure Preventing computer crime by knowing the legal regulations that ensure the protection of computer systems A regulatory analysis of digital financial services and the adoption of central bank digital currencies in Zimbabwe and South Africa Forum shopping in regulatory sandboxes and the perils of experimental law-making
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1