Access to Courts for Asylum Seekers and Refugees
State Obligations under the 1951 Refugee Convention
Series: Oxford Monographs in International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 8 February 2024
- ISBN 9780198885597
- Binding Hardback
- No. of pages320 pages
- Size 240x160x24 mm
- Weight 644 g
- Language English 485
Categories
Short description:
In the first dedicated monograph on article 16 of the 1951 Refugee Convention, Emma Dunlop positions the article within the broader context of public international law, presenting a comprehensive account of asylum seekers' and refugees' right of access to courts.
MoreLong description:
In Access to Courts for Asylum Seekers and Refugees, Emma Dunlop focuses on the scope and content of article 16 of the 1951 Refugee Convention. Under this article, States are obligated to provide asylum seekers and refugees with access to courts. This obligation entails a requirement to ensure 'effective' access, which may call for accommodations to be made to address individual vulnerabilities -where, for example, a person does not speak the language of the court or lacks easy access to a lawyer. It also guarantees additional rights to those who have attained 'habitual residence' in the host country.
Access to courts is a critical gateway right, the denial of which can prevent a person from defending other rights under domestic law. Yet, until now, article 16 has not received extensive scrutiny.
In the first dedicated monograph on article 16 of the 1951 Convention, Dunlop positions the article within the broader context of international human rights law, customary international law, and general principles of law, presenting a comprehensive account of asylum seekers' and refugees' right of access to courts. Taking an evolutionary approach to treaty interpretation, the book interrogates the scope and content of the article, evaluating the extent of its obligations. Despite developments in international human rights law since the article's adoption, Access to Courts for Asylum Seekers and Refugees argues that it remains a relevant and robust source of protection. Offering rigorous and reasoned analysis of this critical provision, Dunlop advances a principled approach to interpreting article 16.
Table of Contents:
Introduction
Mapping the Field: New Interest in an Overlooked Provision
Applying the Rule of Treaty Interpretation to the 1951 Convention
The Development of Article 16 of the 1951 Convention
Access to Courts and Related Rights Under International Law
Interpreting Article 16
Conclusion
