Jonah Patel
Asylum seekers are protected by international law, which forbids deporting them to any country where their life or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group or political opinion. In addition, some countries have enshrined the right to asylum in their constitutions. For example, France was the first country to establish a constitutional right to asylum in Article 120 of the Constitution of 1793, for foreigners banished from their fatherland for the cause of liberty. The United States also has legal obligations to provide protection to those who qualify as refugees.
| Characteristics | Values |
|---|---|
| Asylum seekers' protection from being returned to their home country | Yes, in the US and France |
| Asylum seekers' right to work | Yes, in the US |
| Asylum seekers' right to social security | Yes, in the US |
| Asylum seekers' right to request permission to travel overseas | Yes, in the US |
| Asylum seekers' right to bring family members to the host country | Yes, in the US |
| Asylum seekers' right to non-discrimination | Yes, internationally |
| Asylum seekers' right to education | Yes, internationally |
| Asylum seekers' right to decent working conditions | Yes, internationally |
| Asylum seekers' right to emergency medical care | Yes, internationally |
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What You'll Learn
Asylum seekers' rights in the US
Asylum seekers in the US have certain rights and protections. The United States has legal obligations to provide protection to those who qualify as refugees. The Refugee Act established two paths to obtain refugee status: either from abroad as a resettled refugee or in the US as an asylum seeker. An asylee, or a person granted asylum, is protected from being returned to their home country, is authorised to work in the US, may apply for a Social Security card, may request permission to travel overseas, and can petition to bring family members to the US.
International treaties protect the basic rights of migrants and refugees, regardless of their immigration status. These include the right to non-discrimination, the right to education, the right to decent working conditions, and the right to emergency medical care. Stronger protections exist for lawfully staying migrants, including the right to engage in employment, the right to social security, and the right to public assistance.
The right of asylum has a long history, with France being the first country to establish a constitutional right to asylum in Article 120 of the Constitution of 1793. This was for "foreigners banished from their fatherland for the cause of liberty". In addition to this, the modern French right to asylum is enshrined in the Code of Entry and Residence of Foreigners and of the Right to Asylum. France also adheres to international agreements that provide for application modalities for the right of asylum, such as the 1951 United Nations (UN) Convention Relating to the Status of Refugees and the additional 1967 Protocol.
When asylum claims are rejected, the non-refoulement principle applies according to the Convention Relating to the Status of Refugees Article 33. This forbids the deportation of asylum seekers to any country where their "life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion". There are exceptions to this due to security and crime. The non-refoulement principle is generally seen as a customary international law.
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Asylum seekers' rights in France
France was the first country to establish a constitutional right to asylum, in Article 120 of the Constitution of 1793, for "foreigners banished from their fatherland for the cause of liberty". The modern French right to asylum (droit d'asile) is enshrined on a legal and regulatory basis in the Code of Entry and Residence of Foreigners and of the Right to Asylum. France also adheres to international agreements which provide for application modalities for the right of asylum, such as the 1951 United Nations (UN) Convention Relating to the Status of Refugees, the additional 1967 protocol, articles K1 and K2 of the 1992 Maastricht Treaty, and the 1985 Schengen Agreement, which defined EU immigration policy. The right of asylum is also defined by article 18 of the Charter of Fundamental Rights of the European Union.
Asylum seekers in France are entitled to benefit from social rights throughout their procedure. These include health insurance, accommodation, a monthly allowance, and a bank account. Asylum seekers may also apply for what is known as 'l’affiliation au régime général', which covers medical care when seeing a physician, going to the hospital, or obtaining prescription medicine. Asylum seekers with fewer than 881 euros per month for a single adult, or 1321.5 € for a couple, also have the right to apply for 'une mutuelle d’Etat', the CMUC (Couverture maladie universelle Complémentaire).
Asylum in France is a legal right that is admitted by the constitution of France. The status of recognised asylum seekers is protected by corresponding laws and the Convention Relating to the Status of Refugees, which France signed on 25 July 1951. Asylum policies in France are regarded as a concerned topic among the public and politicians, and some controversies exist in the current system of French asylum policies, such as issues on the assimilation policy, national security problems, and living conditions of asylum seekers.
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International treaties protecting asylum seekers' rights
France was the first country to establish a constitutional right to asylum in Article 120 of the Constitution of 1793, for "foreigners banished from their fatherland for the cause of liberty". The modern French right to asylum (droit d'asile) is enshrined on a legal and regulatory basis in the Code of Entry and Residence of Foreigners and of the Right to Asylum. France also adheres to international agreements which provide for application modalities for the right of asylum, such as the 1951 United Nations (UN) Convention Relating to the Status of Refugees (ratified in 1952), the additional 1967 protocol; articles K1 and K2 of the 1992 Maastricht Treaty as well as the 1985 Schengen Agreement, which defined EU immigration policy. The right of asylum is defined by article 18 of the Charter of Fundamental Rights of the European Union.
The United States has legal obligations to provide protection to those who qualify as refugees, as a signatory to the 1967 Protocol, and through U.S. immigration law. The Refugee Act established two paths to obtain refugee status—either from abroad as a resettled refugee or in the United States as an asylum seeker. An asylee is protected from being returned to his or her home country, is authorised to work in the United States, may apply for a Social Security card, may request permission to travel overseas, and can petition to bring family members to the United States.
International treaties protect the basic rights of migrants and refugees regardless of their immigration status, including non-discrimination, the right to education, the right to decent working conditions, and the right to emergency medical care. Stronger protections exist for lawfully staying migrants, including the right to engage in employment, the right to social security, and the right to public assistance.
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Asylum seekers' right to work
Asylum seekers are protected by the constitution in some countries, such as France and the US. In France, the right to asylum is enshrined in the Constitution of 1793, which states that "foreigners banished from their fatherland for the cause of liberty" have a right to asylum. In the US, asylum seekers are protected by the Refugee Act, which establishes two paths to obtain refugee status and grants them certain rights, including the right to work.
While asylum seekers may be protected by the constitution in some countries, their right to work is often limited. In the UK, asylum seekers generally do not have the right to work while they are awaiting a decision on their application. However, there are some exceptions to this rule. Asylum seekers who have been waiting for more than 12 months for an initial decision on their claim can apply for permission to work by writing to the Home Office. Those who had a valid visa and claimed asylum before it expired may also retain their right to work if this was a condition of their original leave.
Even if granted permission to work, asylum seekers in the UK are limited to roles listed on the Immigration Salary List, which includes jobs with a shortage of workers, such as chemical scientists or classical ballet dancers. Asylum seekers always have the right to volunteer, which can provide them with valuable opportunities to integrate into their new communities and gain skills.
International treaties also play a role in protecting the rights of asylum seekers. These treaties ensure that asylum seekers have basic rights, such as non-discrimination, the right to education, and the right to decent working conditions, regardless of their immigration status. Stronger protections may be available for lawfully staying migrants, including the right to engage in employment and access social security benefits.
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Asylum seekers' right to healthcare
Asylum seekers are protected by the constitution in some countries, such as France, which was the first country to establish a constitutional right to asylum in 1793. In the United States, asylum seekers are protected from being returned to their home country and are authorised to work, apply for a Social Security card, and request permission to travel overseas.
International treaties also protect the basic rights of asylum seekers, including the right to emergency medical care. This is further supported by constitutions, which can ensure that asylum seekers can access essential institutions and services, such as healthcare. For example, in Canada, the Supreme Court found that a health system that provided different standards of care to refugees depending on their country of origin violated the constitution.
The right to asylum is also defined by article 18 of the Charter of Fundamental Rights of the European Union, and international agreements such as the 1951 United Nations (UN) Convention Relating to the Status of Refugees, the additional 1967 protocol, and the 1985 Schengen Agreement, which defined EU immigration policy. These agreements provide for application modalities for the right of asylum and ensure that asylum seekers' rights are protected.
Upon cessation of the right of asylum, such as when the conditions in the country of origin have changed and there is no longer a danger of persecution, voluntary expatriation or deportation may follow. However, the non-refoulement principle, which is generally seen as a customary international law, forbids deporting asylum seekers to any country where their "life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion".
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Frequently asked questions
Yes, asylum seekers are protected by the constitution. France was the first country to establish a constitutional right to asylum in 1793.
Asylum seekers are protected from being returned to their home country and can apply for permission to work, request permission to travel overseas, and petition to bring family members to their host country. Asylum seekers are also entitled to emergency medical care, education, and decent working conditions.
If an asylum claim is rejected, the non-refoulement principle applies, which means that asylum seekers cannot be deported to a country where their "life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion".
The non-refoulement principle is a customary international law that forbids the deportation of asylum seekers to a country where they would face danger due to their race, religion, nationality, membership of a particular social group, or political opinion.
