Asylum Rights in International Law Essay Example | Topics and Well Written Essays - 1250 words

Asylum Rights in International Law - Essay Example The right of asylum, otherwise known as political asylum, relates to an individual rejected by their own country being protected by another sovereign authority. The institution of asylum dates from the same time with the start of civilization. It is an international concept that still has not received apt considerations in terms of the inalienable rights in the international human rights charter. There exist setbacks in terms of interpretation where many states argue that they cannot put their sovereignty to test due to the international human rights stipulations. Asylum develops from persecution and many different forms of persecution can lead to application of asylum. There are specific persecutions that lead to an individual gaining the refugee status. Persecution on the basis of gender practices has been common in the recent years. This has advanced the claims for asylum among many people across the world. Persecution ranges on different factors which can include gender, religion and social status. An additional note is that the meaning of persecution may also comprise discrimination of persons opposing colonialism. Many states have incorporated their immigrant requirements and asylum allowance into the same legal structure. The decision of a granting a persecuted individual or a refugee asylum depends on the state. This paper seeks to analyze the status of asylum within international human rights law. ... The rights to asylum therefore, are well spelt out and cannot be enjoyed at the expense of a country’s security and derogation of the international law. It is apt to discuss the description and status of refugees who are different form asylum seekers. On the contrary, human rights work brings about challenges for asylum supporters. This field of international human rights has witness intense reforms since the mid twentieth century. This was the time when the principle normative frame for refugees was recognized. The gender based approach on understanding the fundamental rights has changed what counts as rights violation. This is on a scope that the violations are not only viewed as private or stately induced but political violations. Clearly this informs the description of asylum as political based (Gibney, 2005 p74). International human rights subject has thus transformed to incorporate issues linked to gender-based public issues, sexuality and sexual orientation. Internation al human rights are viewed on grounds of development, globalization and health. Home displacement has emerges as a key area of concern, shifting the dominance of a country’s sovereignty as a rationalization for non-involvement. These progress challenges asylum advocates to modernize the initial notions in refugee protection. This should be done while keeping grip of the old internationalist system in a situation where exilic defense of asylum seekers is in challenges. In international law, all contracting states to the United Nations should give sympathetic consideration to individuals who are unable to get travel documents from their countries. Under article 31, all these