European Refugee Law and Human Rights

The assignment delves into the complex relationship between European refugee law and human rights. It analyzes academic articles and case law from the European Court of Human Rights (ECtHR) to illustrate how these principles are applied in practice. Specific examples include the cases of F.G. v. Sweden, Mozer c/Moldova & Russia, and Bulgarian Helsinki Committee v. Bulgaria, highlighting the challenges and complexities faced by asylum seekers and refugees within the European legal framework.

Human Rights Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Explaining legal status of European Convention on Human Rights in National Law...........1
Assessing to what extent this will be relevant to contemporary life in UK...........................3
CONCLUSION................................................................................................................................4
REFERENCES................................................................................................................................6

INTRODUCTION
During the year 2016 which was marked as most important period for European Union
including various events like that of UK voting to leave EU, refugee crisis which was worse than
that of World War 2nd, terror attacks in continent is also marking in Germany and the Turkey by
declaring state of emergency. All these were shaping politics of Europe with including the legal
systems of various countries. The current report will be evaluating legal status of European
Convention on Human Rights in UK and also till what extent do this will be effecting life within
country.
MAIN BODY
Explaining legal status of European Convention on Human Rights in National Law.
European Convention on Human Rights is the right which will b protecting and procuring
the legal rights of human or people who are living within European Union1. In total there are 47
countries of EU which are been included within this and will also be including articles which
will be stating about rights of humans. EU was formed after the 2nd World War that is having
total 47 members of European continent in protecting rights of human and then promoting
democracy among EU.
There are various rights which are to be included within this treaty or convention like that
of right to life, freedom from torture, freedom from slavery, right to education, and so on. All the
rights and guarantees which are been laid down in European Convention on Human Rights are to
be included within European court of Human Rights as well. There are provisions stating that if
any citizen is feeling that his rights are been profaned then he is obliged to execution of their
rights. For this particular Committee of Ministers of Council of Europe was formed whose aim
is to execute all judgements that are related to violation of human rights2.
So there were many judgements related to this right which were delivered by the Grand
Chamber about 27 of them. It is having many articles that would be stating and involving various
parts like that of Article 1 stating jurisdiction under Convention, Article 2 would be containing
1 . Annual Report Of European Courts Of Human Rights 2016. 2018. [Online]. Available through:
<https://www.echr.coe.int/Documents/Annual_report_2016_ENG.pdf>.
2 . Sigona, N., 2018. The contested politics of naming in Europe’s “refugee crisis”. Ethnic and Racial
Studies. 41(3). pp.456-460.
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extent to which obligation in the investigation of force by state. There were some cases which
was dealing with the immigration cases in Article 2 and 3 of taking into asylum request F.G v .
Sweden [2014]3. There was legal right of migration and that of humanitarian crisis laid down in
Article 3, 5 and 13.
In this case court for her first time examined that there is some obligation for those
prisoners who would be performing work in prison after the age of retirement as well. Another
case under which applicant was to sentenced for about 7 years of jail after he fraud with 2
companies and 5 of them who was included in this crime were suspended in year 2010 in case of
Mozer v. the Republic of Moldova and Russia [2008]4. In respect to Russia who was exercising
very higher level of dependency on the Russian support and they were controlling and
influencing over the authorities of Moldavian Republic of Transdniestria (MRT)
Then under Article 34 and 35 of the Convention which stated about the case of Bulgarian
Helsinki Committee v. Bulgaria5 which was application in regard to representing a deceased
minor. One of the applicant who was having power of attorney of 2 youngsters who then died
within their treatment in the mentally disabled children. It was found that reason behind death of
these two children was the conditions and circumstanced under which they were living. Then in
the other case which was related to the international prostitution under which one of the
Bulgarian nationality was charged in the case of Kiril Zlatkov Nikolov v. France [2016]6. This
case of examined by the no significant disadvantage criteria applicant who was charged of
discriminating with respect to fair trail rights.
3 . F.G. v. Sweden (no. 43611/11) [Articles 2 & 3 ECHR], 23 March 2016, Grand Chamber. 2018. [Online].
Available through: <http://www.asylumlawdatabase.eu/en/content/ecthr-fg-v-sweden-no-4361111-articles-2-3-echr-
23-march-2016-grand-chamber>.
4 . ECtHR Mozer c/Moldova & Russia : a final round. 2018. [Online]. Available through:
<https://ilsquare.org/2016/03/04/ecthr-mozer-cmoldova-russia-a-final-round/>.
5 . Bulgarian Helsinki Committee v. Bulgaria. 2018. [Online]. Available through:
<https://strasbourgobservers.com/category/cases/bulgarian-helsinki-committee-v-bulgaria/>.
6 . Kiril Zlatkov Nikolov v. France. 2018. [Online]. Available through: <http://swarb.co.uk/kiril-zlatkov-
nikolov-v-france-echr-10-nov-2016/>.
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Human rights also include that of right to life which is underlined in article 2 of
Convention this was also governing case of Armani Da Silva v. the UK [2012]7. This was a case
concerning with they conviction of police force in one of the fatal shooting incident of cousin of
applicant not the individual police officers.
So all these case that was under violation of human right in the UK and hiring or criminal
procedures that are been made by Grand Chamber. They found that violation of articles which
are laid down will the European Convention on Human Rights8.
Assessing to what extent this will be relevant to contemporary life in UK.
In addition to this, it can be said that policies and laws employed by the EU has great
impact on the contemporary life in the UK. If UK leave the EU then diverse changes are need to
be implemented within policies. It might affect the overall standards which will also influence
the lifestyle of citizens. It has been witnessed that EU and the UK convention will bring the
limited benefit in terms of human rights development. The argument is that if a national regime
operates beyond acceptable levels then the more general political community will intervene9.
Moreover, the short term improvements to the UK citizens can be bring but the other benefits
can be lost. It will be a great challenge for the government to regulate new legislations and cope
up with the diverse international bodies. A review of the experience of anti-terrorism legislation
over the past 15 years in the UK demonstrates when matters of security can override human
rights in insidious ways.
Along with this, it has been noticed that EU legislations provides a great standards to UK
legislations and allows to have better law enforcement. It helps in effective promotion of human
rights that need to be referred by government officials as well as local. By having a consideration
of EU legislations the appropriate balance can be taken into account. Moreover, the UK
businesses and other people need to consider EU legislations in appropriate manner while
7 . Armani Da Silva v. the United Kingdom. 2018. [Online]. Available through: <http://swarb.co.uk/patricia-
armani-da-silva-v-the-united-kingdom-echr-12-jul-2012/>.
8 . Turkmendag, I., 2018. It Is Just a “Battery” “Right” to Know in Mitochondrial Replacement. Science,
Technology, & Human Values. 43(1). pp.56-85.
9 . Daly, P., Hughes, K. and Armstrong, K., 2017. Brexit and EU Nationals: Options for Implementation in
UK Law.
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dealing in other European countries10. If UK leaves the EU then the relevancy of contemporary
life in UK will be decreased but it cannot be removed. It is because the political relations with
European nations is necessary to be well maintained. In addition to this, it can be said that day to
day life events will be affected if UK left the EU. For example, EU is currently providing funds
to various human rights developments and cultural development in the UK. The Brexit will force
EU to not have funding which will create funding barrier for such events. It will also force
government of UK to have increase in tax rates. It means daily income level and taxes in
contemporary life will be influenced. Along with this, it has been noticed that European
legislation is highly accountable to have trading of consumer goods.
Brexit will also affect the policies of trading which might affect the consumer experience
in respect to purchase of such products. It has been noticed that by having a Brexit will also lead
various changes in EU policies which might create an issue in terms of Visa and other factors in
respect to European nations. It might affect the perception of UK citizens towards travelling in
EU nations11. It clearly indicates that legislations will have a high relevancy with the
contemporary life in the UK. Therefore, the ECHR regime has failed human rights conceptually.
It has not done justice to key human rights conceptions that have gained common purchase,
particularly within the EU, despite the ‘living instrument’ quality ascribed to the ECHR. The
regime fails when assessed in terms of the EU’s avowed normative position. It is important to
considered the society for the various development in the nation by taking consideration of the
right. Not matter what the situation have been
CONCLUSION
From the report Human right law it can be easily concluded that European Convention
on Human Rights is the right which will b protecting and procuring the legal rights of human or
people who are living within European Union12. In total there are 47 countries of EU which are
been included within this and will also be including articles which will be stating about rights of
10 .Singer, S., 2017. Exclusion Clauses of the Refugee Convention in Relation to National Immigration
Legislations, European Policy and Human Rights Instruments: Article 1F versus the Non-Refoulement
Principle. International Journal of Refugee Law. 29(1). pp.198-200.
11 . Douglas-Scott, S., 2017. Human rights as a basis for justice in the European Union. Transnational Legal
Theory. 8(1). pp.59-78.
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humans and Human rights also include that of right to life which is underlined in article 2 of
Convention this was also governing. Hence, It has been witnessed that EU and the UK
convention will bring the limited benefit in terms of human rights development. The argument is
that if a national regime operates beyond acceptable levels then the more general political
community will intervene. Moreover, the short term improvements to the UK citizens can be
bring but the other benefits can be lost. It will be a great challenge for the government to regulate
new legislations and cope up with the diverse international bodies.
12 . Annual Report Of European Courts Of Human Rights 2016. 2018. [Online]. Available through:
<https://www.echr.coe.int/Documents/Annual_report_2016_ENG.pdf>.
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REFERENCES
Books and Journals:
Daly, P., Hughes, K. and Armstrong, K., 2017. Brexit and EU Nationals: Options for
Implementation in UK Law.
Douglas-Scott, S., 2017. Human rights as a basis for justice in the European
Union. Transnational Legal Theory. 8(1). pp.59-78.
Sigona, N., 2018. The contested politics of naming in Europe’s “refugee crisis”. Ethnic and
Racial Studies. 41(3). pp.456-460.
Singer, S., 2017. Exclusion Clauses of the Refugee Convention in Relation to National
Immigration Legislations, European Policy and Human Rights Instruments: Article 1F
versus the Non-Refoulement Principle. International Journal of Refugee Law. 29(1).
pp.198-200.
Turkmendag, I., 2018. It Is Just a “Battery” “Right” to Know in Mitochondrial
Replacement. Science, Technology, & Human Values. 43(1). pp.56-85.
Online:
Annual Report Of European Courts Of Human Rights 2016. 2018. [Online]. Available
through: <https://www.echr.coe.int/Documents/Annual_report_2016_ENG.pdf>.
Armani Da Silva v. the United Kingdom. 2018. [Online]. Available through:
<http://swarb.co.uk/patricia-armani-da-silva-v-the-united-kingdom-echr-12-jul-2012/>.
Bulgarian Helsinki Committee v. Bulgaria. 2018. [Online]. Available through:
<https://strasbourgobservers.com/category/cases/bulgarian-helsinki-committee-v-
bulgaria/>.
ECtHR Mozer c/Moldova & Russia : a final round. 2018. [Online]. Available through:
<https://ilsquare.org/2016/03/04/ecthr-mozer-cmoldova-russia-a-final-round/>.
F.G. v. Sweden (no. 43611/11) [Articles 2 & 3 ECHR], 23 March 2016, Grand Chamber.
2018. [Online]. Available through: <http://www.asylumlawdatabase.eu/en/content/ecthr-
fg-v-sweden-no-4361111-articles-2-3-echr-23-march-2016-grand-chamber>.
Kiril Zlatkov Nikolov v. France. 2018. [Online]. Available through: <http://swarb.co.uk/kiril-
zlatkov-nikolov-v-france-echr-10-nov-2016/>.
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