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

IF 0.9 Q2 LAW
Yuliya M. HRYSHYNA, Maryna BARSUK, Ivan Y. KAYLO, Volodymyr O. HAVRYLYUK, Dmytro V. TKACHENKO
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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.
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。
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来源期刊
CiteScore
1.70
自引率
0.00%
发文量
20
审稿时长
24 weeks
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