Principles and Guarantees in the Protection of Refugees

Author:Scripnic Victoria
Pages:125-134
SUMMARY

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, through their authorities. We will thoroughly present the fundamental principles, applicable to the claimants of a form of international protection that governs the entire asylum procedure

 
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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.

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