The European Convention on Human Rights and the Protection of Refugees: Limits and Opportunities

Abstract

This article analyses the scope of the human rights of refugees in the ECHR looking at the latest trends in the jurisprudence developed by the Court and which are relevant to the protection of refugees. In doing so, it concentrates on the determination of those rights by the Court, leaving aside issues of access to those rights by refugees. Its focus is primarily on the latest interpretation by the Court of Article 3 (prohibition against ill-treatment), Article 6 (right to a fair and public hearing), Article 8 (protection of family and private life), Article 13 (effective remedy), Article 14 (prohibition of discrimination), and Article 1 of Protocol 7 (procedural safeguards against expulsion). This analysis forms the core of the article with a first section on the protection of refugees against expulsion and a second section on the protection of the basic rights of refugees who are present in the territory of a Contracting State. Finally, a brief conclusion summarizes the limits and opportunities of the ECHR for the protection of refugees in Europe.

Keywords: ECHR, refugees, Article 3, Article 6, Article 8, Article 13, Article 14, Article 1 Protocol 1

JEL Classification: K33