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The Reception of International Law in the European Court of Human Rights$
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Magdalena Forowicz

Print publication date: 2010

Print ISBN-13: 9780199592678

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199592678.001.0001

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Refugee Rights

Refugee Rights

(p.232) VI Refugee Rights
The Reception of International Law in the European Court of Human Rights

Magdalena Forowicz

Oxford University Press

The Convention on the Status of Refugees and the Protocol relating to the Status of Refugees enjoy a wide approval among the ECHR Contracting States. This chapter provides an overview of the Strasbourg bodies' references to the 1951 Refugee Convention, which mainly appeared in three strands of the Court's case law, namely under Article 3 ECHR (prohibition of torture), under Article 5 ECHR (right to liberty and security), and under Article 8 ECHR (right to respect for private and family life). In this context, it also briefly reviews the relevant provisions of the Convention Against Torture. The Strasbourg bodies' approach to these instruments was rather circumspect and traditional. It was also limited by the fact that it was often more beneficial for the applicant to resort to the ECHR instead of the 1951 Refugee Convention. The Court drew clear boundaries between the 1951 Refugee Convention system and the ECHR. A survey of the case law further suggests that the reasoning of the Court was conditioned by the wide margin of appreciation granted to the Contracting States in the area of immigration.

Keywords:   asylum, non-refoulement, torture, family reunion, detention, margin of appreciation, lex specialis

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