Jump to ContentJump to Main Navigation
The Reception of International Law in the European Court of Human Rights$
Users without a subscription are not able to see the full content.

Magdalena Forowicz

Print publication date: 2010

Print ISBN-13: 9780199592678

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199592678.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2019

Refugee Rights

Refugee Rights

Chapter:
(p.232) VI Refugee Rights
Source:
The Reception of International Law in the European Court of Human Rights
Author(s):

Magdalena Forowicz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199592678.003.0007

The Convention on the Status of Refugees and the Protocol relating to the Status of Refugees enjoy a wide approval among the ECHR Contracting States. This chapter provides an overview of the Strasbourg bodies' references to the 1951 Refugee Convention, which mainly appeared in three strands of the Court's case law, namely under Article 3 ECHR (prohibition of torture), under Article 5 ECHR (right to liberty and security), and under Article 8 ECHR (right to respect for private and family life). In this context, it also briefly reviews the relevant provisions of the Convention Against Torture. The Strasbourg bodies' approach to these instruments was rather circumspect and traditional. It was also limited by the fact that it was often more beneficial for the applicant to resort to the ECHR instead of the 1951 Refugee Convention. The Court drew clear boundaries between the 1951 Refugee Convention system and the ECHR. A survey of the case law further suggests that the reasoning of the Court was conditioned by the wide margin of appreciation granted to the Contracting States in the area of immigration.

Keywords:   asylum, non-refoulement, torture, family reunion, detention, margin of appreciation, lex specialis

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .