This chapter interrogates key standards and trends in asylum governance, exploring the compatibility of emerging asylum regimes with international and regional refugee and human rights law. The chapter takes a global view, while drawing on practice from Bangladesh, Brazil, Canada, Jordan, South Africa and Türkiye, where relevant. First, we briefly set out the most relevant international and regional human rights and refugee law instruments, as well as the relationship between human rights and refugee law in this area and the (potential) impact of the UN GCR on global asylum governance. Second, we provide an account of key binding international and regional standards governing access to asylum, asylum procedures, the scope of protection and content of protection. The following section is devoted to the tension between paradigms of deterrence and containment and admission to territory, including the emergence of pushbacks as a systematic global practice; ‘safe third country’ mechanisms; perceived ‘instrumentalisation’ of asylum; externalisation of asylum; and alternative solutions to moderate containment approaches. Finally, the chapter addresses tendencies related to the temporariness of protection, encompassing differential treatment between groups of protection seekers and refugees, issues of exploitation due to limitations on the right to work and ‘vulnerability’ as a protection issue.

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Refugee and Human Rights Law Standards Applicable to Asylum Governance and the Right of Asylum

  • Julia Kienast,
  • Nikolas Feith Tan,
  • Jens Vedsted-Hansen

摘要

This chapter interrogates key standards and trends in asylum governance, exploring the compatibility of emerging asylum regimes with international and regional refugee and human rights law. The chapter takes a global view, while drawing on practice from Bangladesh, Brazil, Canada, Jordan, South Africa and Türkiye, where relevant. First, we briefly set out the most relevant international and regional human rights and refugee law instruments, as well as the relationship between human rights and refugee law in this area and the (potential) impact of the UN GCR on global asylum governance. Second, we provide an account of key binding international and regional standards governing access to asylum, asylum procedures, the scope of protection and content of protection. The following section is devoted to the tension between paradigms of deterrence and containment and admission to territory, including the emergence of pushbacks as a systematic global practice; ‘safe third country’ mechanisms; perceived ‘instrumentalisation’ of asylum; externalisation of asylum; and alternative solutions to moderate containment approaches. Finally, the chapter addresses tendencies related to the temporariness of protection, encompassing differential treatment between groups of protection seekers and refugees, issues of exploitation due to limitations on the right to work and ‘vulnerability’ as a protection issue.