Principles and Guarantees in the Protection of Refugees

• Author: Scripnic Victoria
• Pages: 125-134

The Immigrant’s Legal Status in International Law

125

Principles and Guarantees in the Protection of Refugees

Victoria Scripnic 1

Abstract: This paper analyzes the key elements of asylum and protection of refugees, the pillars that should

support firstly the one in need and , secondly, the states which carry out their activity in this field, th rough

their authorities. We will thoroughly present the fundamental princip les, applicable to the claimants of a form

of international protection that governs the entire asylum procedure.

Keywords: refugee; principles; asylum; rights

1. Introduction

There is a tight link between a state and its citizen, the citizen fulfilling his obligation towards the state

that, in return, guarantees the protection of his rights and of his physical and psychological integrity.

Everything coexists in harmony, each party receiving what is due to them, including the reciprocity in

respecting the rights and obligations. This peaceful coexistence creates favorable conditions for the

development of each individual and accomplishes a balance in the national and international society.

But what happens when the element holding the power in this equation cannot or will not respect the

obligation to protect? What can an individual, a loyal and idealistic citizen, when the future, or worse,

the right to live, is uncertain? Can that individual seek protection from other states? What are the

guarantees when seeking refuge?

The approach to this subject is not random, the interest for the regulation of the protection of a refugee

– natural person – being generated by some international political events in which our country was

also involved, as member of the European Union. The armed conflicts in Asian countries which forced

the civil population to seek protection, giving rise to a big wave of refugees on the territory of member

countries, produced discord within the European Union in the context of the necessity of establishing

an equilibrium between the state members’ efforts for the reception of these people.

There is a tight link between a state and its citizen, the citizen fulfilling his obligation towards the state

that, in return, guarantees the protection of his rights and of his physical and psychological integrity.

Everything coexists in harmony, each party receiving what is due to them, including the reciprocity in

respecting the rights and obligations. This peaceful coexistence creates favorable conditions for the

development of each individual and accomplishes a balance in the national and international society.

But what happens when the element holding the power in this equation cannot or will not respect the

obligation to protect? What can an individual, a loyal and idealistic citizen, when the future, or worse,

1 Master Student, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati 8 00654, Romania, Tel.:

+40372361102, Corresponding author: victoriascripnic@univ-danubius.ro.