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2 results

  • 2 - Humanitarian Considerations and the Institution of Asylum

  • Liv Feijen
  • Book:
    The Evolution of Humanitarian Protection in European Law and Practice
    Published online:
    16 March 2021
    Print publication:
    01 April 2021, pp 55-88

  • Summary

    This chapter explores how humanitarian values influenced the broadening of the personal scope of asylum and compassionate grounds relate to protection grounds, such as refugee status and subsidiary protection. In the last couple of decades, a number of states have introduced the possibility of granting residence permits to non-nationals with a reference to humanitarian or compassionate reasons. These categories are generally not considered to have received ‘asylum’, but receive leave to remain or temporary residence permits. It is frequently claimed that humanitarian status is significantly different than refugee status and even so-called subsidiary protection and that its legal and conceptual basis is different. The phenomenon of admitting, or refraining from returning, persons crossing an international border because it would be contrary to humanitarian values is, however, not new and what are currently considered as compassionate, or humanitarian, grounds for admission or non-expulsion have throughout times been considered grounds for asylum or protection.

The Evolution of Humanitarian Protection in European Law and Practice
  • Liv Feijen
  • Published online:
    16 March 2021
    Print publication:
    01 April 2021
  • The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.