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Subsidiary Protection
Subsidiary protection is international protection for persons seeking asylum who do not qualify as refugees. In European law, Directive 2004/83/EC defines the minimum standards for qualifying for subsidiary protection status. The Directive was later added to with Directive 2011/95/EU, which states that uniform, European states for persons eligible for subsidiary protection and the content of the protection granted. In the European Union, a person eligible for subsidiary protection status means a third country national or stateless who would face a real risk of suffering serious harm if s/he returned to the country of origin. Serious harm is defined, according to the Code of Entry and Residence of Foreigners and of the Right to Asylum, as the risk of: "''(a) death penalty or execution; or (b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or (c) serious and individual threat to a civilian's life or person by reasons of indiscrimina ...
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Asylum Seeker
An asylum seeker is a person who leaves their country of residence, enters another country, and makes in that other country a formal application for the right of asylum according to the Universal Declaration of Human Rights Article 14. A person keeps the status of asylum seeker until the right of asylum application has concluded. The relevant immigration authorities of the country of asylum determine whether the asylum seeker will be granted the right of asylum protection or whether asylum will be refused and the asylum seeker becomes an illegal immigrant who may be asked to leave the country and may even be deported in line with non-refoulement. Signatories to the Universal Declaration of Human Rights create their own policies for assessing the protection status of asylum seekers, and the proportion of asylum applicants who are accepted or rejected varies each year from country to country. The asylum seeker may be simultaneously recognized as a refugee and given refugee ...
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Refugee
A refugee, according to the United Nations High Commissioner for Refugees (UNHCR), is a person "forced to flee their own country and seek safety in another country. They are unable to return to their own country because of feared persecution as a result of who they are, what they believe in or say, or because of armed conflict, violence or serious public disorder." Such a person may be called an asylum seeker until granted #Refugee status, refugee status by a contracting state or by the UNHCR if they formally make a claim for right of asylum, asylum. Internally Displaced People (IDPs) are often called refugees, but they are distinguished from refugees because they have not crossed an international border, although their reasons for leaving their home may be the same as those of refugees. Etymology and usage In English, the term ''refugee'' derives from the root word ''refuge'', from Old French ''refuge'', meaning "hiding place". It refers to "shelter or protection from danger ...
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European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The union has a total area of and an estimated population of over 449million as of 2024. The EU is often described as a ''sui generis'' political entity combining characteristics of both a federation and a confederation. Containing 5.5% of the world population in 2023, EU member states generated a nominal gross domestic product (GDP) of around €17.935 trillion in 2024, accounting for approximately one sixth of global economic output. Its cornerstone, the European Union Customs Union, Customs Union, paved the way to establishing European Single Market, an internal single market based on standardised European Union law, legal framework and legislation that applies in all member states in those matters, and only those matters, where the states ...
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Code Of Entry And Residence Of Foreigners And Of The Right To Asylum
The Code of Entry and Residence of Foreigners and of the Right to Asylum (, CESEDA), often simply referred to as the Code of Foreigners (''Code des étrangers''), is the legal code compiling French laws and regulations related to the rights of foreigners on French soil. It was created on 24 November 2004 by order of Dominique de Villepin, then Minister of the Interior in the government of Prime Minister Jean-Pierre Raffarin. History After World War II, French foreigners law was constantly modified. On 2 November 1945 an order set the rules concerning the entry and residence of foreigners on French territory. Between 1993 and 2003, the law was modified every year. This made the law complex and hard to grasp. The codification aimed to resolve legal inconsistencies and to improve coherence. The code was created by a 24 November 2004 order proposed by Interior Minister Dominique de Villepin. It follows the prescriptions passed on 2 November 1945 concerning the conditions of entry a ...
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Death Penalty
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is called a death sentence, and the act of carrying out the sentence is an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Etymologically, the term ''capital'' (, derived via the Latin ' from ', "head") refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing. Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against a person, such as murder, assassination, mass murder, child ...
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Torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of torture, Some definitions restrict torture to acts carried out by the state (polity), state, while others include non-state organizations. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners, or during armed conflict, has received disproportionate attention. Judicial corporal punishment and capital punishment are sometimes seen as forms of torture, but this label is internationally controversial. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Beginning in the twentieth century, many torturers have preferred non-scarring or psychological torture, psychological meth ...
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Inhuman Or Degrading Treatment
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention on Human Rights, the United Nations Convention against Torture and the International Covenant on Civil and Political Rights. Although a distinction between torture and CIDT is maintained from a legal point of view, medical and psychological studies have found that this distinction is virtually nonexistent from a psychological point of view, and that people subjected to CIDT experience the same consequences as survivors of torture. Based on this research, some practitioners have recommended abolishing the distinction. Inhuman treatment The Equality and Human Rights Commission defines inhuman treatment as: * serious physical assault * psychological interrogation * cruel detention conditions or restraints * physical or psychological abuse ...
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Universal Declaration Of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal Declaration of Human Rights, committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as United Nations General Assembly Resolution 217, Resolution 217 during Third session of the United Nations General Assembly, its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstentions, abstained, and two did not vote. A foundational text in the History of human rights, history of human and civil rights, the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings ...
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Crimes Against Humanity
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals.Margaret M. DeGuzma"Crimes Against Humanity"''Research Handbook on International Criminal Law'', Bartram S. Brown, ed., Edgar Elgar Publishing, 2011. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law and, like other crimes against international law, have no temporal or jurisdictional limitations on prosecution (where universal jurisdiction is recognized). The first prosecution for crimes against humanity took place during the Nuremberg trials against defeated leaders of Nazi Germany. Crimes against humanity have been prosecuted by other international courts (such as the International Criminal Tribunal for the former Yugosl ...
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Geneva Conventions
upright=1.15, The original document in single pages, 1864 The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Convention'' colloquially denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel; establish protections for the wounded and sick; and provide protections for the civilians in and around a war-zone. The Geneva Conventions define the rights and protections afforded to those non-combatants who fulfill the criteria of being '' protected persons''. The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries. The Geneva Conventio ...
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Right Of Asylum In The European Union
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are an important concept in law and ethics, especially theories of justice and deontology. The history of social conflicts has often involved attempts to define and redefine rights. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Types of rights Natural versus legal * Natural rights are rights which are "natural" in the sense of "not artificial, not man-made", as in rights deriving from human nature or from the edicts of a god. They are universal; that is, they apply to all people, and do not derive from the laws of any specific society. They exist necessarily, inhere in every individual, and ca ...
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