Omar Bennett
The right of asylum, or right of political asylum, is a juridical concept that protects people who are persecuted by their own rulers. This right is protected by the Universal Declaration of Human Rights, as well as by the constitutions of several countries, including France and China.
| Characteristics | Values |
|---|---|
| Country | France, China |
| Constitution | 1946, 1793, 1992, 1985 |
| Clause | Article 120, Article 32, Article 18 |
| Right of asylum | Right of political asylum, Right to asylum (droit d'asile)> |
| Basis | Legal and regulatory, Juridical |
| Protection | War refugees, Foreigners persecuted by their own rulers |
Explore related products
What You'll Learn
- The right of asylum is a juridical concept
- The right of asylum is enshrined in the French constitution
- The right of asylum is defined by article 18 of the Charter of Fundamental Rights of the European Union
- War refugees are protected under the subsidiary protection clause and the Temporary Protection Directive
- The right of asylum is recognised by the Ancient Egyptians, Greeks and Hebrews
The right of asylum is a juridical concept
The right of asylum is sometimes called the right of political asylum, with asylum deriving from the Ancient Greek word 'ásulon' meaning 'sanctuary'. The contemporary right of asylum is founded on the non-binding Universal Declaration of Human Rights. The right of asylum is also defined by article 18 of the Charter of Fundamental Rights of the European Union.
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.
Paragraph 2 of Article 32 of the Constitution of the People's Republic of China stipulates that China may grant asylum to foreigners who request it for political reasons. In 1979, Hoàng Văn Hoan, the Vice Chairman of the National Assembly of Vietnam, was the last foreigner to be granted political asylum by China. From 1980 to the present, no foreigner has been granted political asylum by China. All foreigners who have been granted political asylum in China are foreign pro-communist political leaders.
The Fetus and the Constitution: A Protected Relationship?
You may want to see also
The right of asylum is enshrined in the French constitution
The right of asylum is a juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, such as a second country or another entity which in medieval times could offer sanctuary. This right was recognised by the Ancient Egyptians, the Greeks, and the Hebrews, from whom it was adopted into Western tradition. René Descartes fled to the Netherlands, Voltaire to England, and Thomas Hobbes to France, because each state offered protection to persecuted foreigners.
In addition to the constitutional 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. Finally, the right of asylum is defined by article 18 of the Charter of Fundamental Rights of the European Union.
Copyright Protection: Is It in the Constitution?
You may want to see also
The right of asylum is defined by article 18 of the Charter of Fundamental Rights of the European Union
The right of asylum is protected by the constitution in some countries, such as France and China. In France, the right of asylum is enshrined in the Code of Entry and Residence of Foreigners and of the Right to Asylum, as well as in international agreements such as the 1951 United Nations (UN) Convention Relating to the Status of Refugees and the 1985 Schengen Agreement. China's constitution states that it may grant asylum to foreigners who request it for political reasons, although it has not done so since 1980.
The right of asylum is also defined by article 18 of the Charter of Fundamental Rights of the European Union. This article recognises the right to asylum and the right to subsidiary protection. It is legally binding and its provisions have treaty rank within the Union's legal order. The roots of article 18 can be traced back to article 14 of the 1948 Universal Declaration of Human Rights, which states that everyone has the right to seek and enjoy asylum from persecution. The right to asylum has become a subjective and enforceable right of individuals under the Union's legal order.
General Mark Milley: Defender of the Constitution
You may want to see also
Explore related products
$47.73 $68.99
$109.72 $138
War refugees are protected under the subsidiary protection clause and the Temporary Protection Directive
The modern French right of asylum 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.
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 Preamble of the Constitution of 1946 similarly guaranteed the right of asylum to "anyone persecuted because of his activities in the cause of freedom".
Paragraph 2 of Article 32 of the Constitution of the People's Republic of China stipulates that China may grant asylum to foreigners who request it for political reasons. In 1979, Hoàng Văn Hoan, the Vice Chairman of the National Assembly of Vietnam, was the last foreigner to be granted political asylum by China. From 1980 to the present, no foreigner has been granted political asylum by China. All foreigners who have been granted political asylum in China are foreign pro-communist political leaders.
Constitution Safeguards: Battling Xenophobia, Upholding Inclusion
You may want to see also
The right of asylum is recognised by the Ancient Egyptians, Greeks and Hebrews
The right of asylum is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, such as a second country or another entity which in medieval times could offer sanctuary. This right was recognised by the Ancient Egyptians, Greeks and Hebrews, from whom it was adopted into Western tradition.
René Descartes fled to the Netherlands, Voltaire to England, and Thomas Hobbes to France, because each state offered protection to persecuted foreigners. The right of asylum is also enshrined in the modern French constitution, which guarantees the right to "anyone persecuted because of his activities in the cause of freedom". 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 also recognised in the Constitution of the People's Republic of China, which stipulates that China may grant asylum to foreigners who request it for political reasons. However, since 1980, no foreigner has been granted political asylum by China.
The right of asylum is founded on the non-binding Universal Declaration of Human Rights, which states that "everyone has the right to seek and to enjoy in other countries asylum from persecution".
Constitution's Safeguards for Minorities: Rights and Representation
You may want to see also
Frequently asked questions
Yes, asylum is protected by the constitution in some countries, such as France, which was the first country to establish a constitutional right to asylum in Article 120 of the Constitution of 1793.
The right of asylum, also known as the right of political asylum, is a juridical concept that allows people who are persecuted by their own rulers to seek protection from another sovereign authority, such as a second country.
France, the Netherlands, England, and China are some of the countries that have granted asylum to individuals in the past.
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 are some of the international agreements that provide for the right of asylum.
