Is the processing of asylum claims at embassies and the grant of ‘humanitarian visas’ within the framework of Protected Entry Procedures a mere expression of the political benevolence on behalf of potential host states vis-à-vis protection seekers, or do both reflect legal obligations owed to the individual applicant? If so, does international law provide for a right to entry in such cases? In this article, the existence of a legally binding right to seek asylum encompassing an entry component shall be explored first together with the question whether any such right may have any implications on the practice of Protected Entry Procedures. Second, the relevance of explicit prohibitions of refoulement shall be explored together with implied protection norms of human rights law (to be found in the ICCPR, the ECHR and the CRC). The article concludes that the UDHR, the EU Charter, the CSR51, the CAT and the ICCPR do not offer any right of entry in the framework of Protected Entry Procedures. However, the ECHR and the CRC do contain an implied right to access under certain specified conditions.
|Tidskrift||International Journal of Refugee Law|
|Status||Published - 2005|