The right to an effective remedy is a fundamental principle of international human rights law, crucial for the protection of individuals, especially for asylum seekers who have faced human rights violations in their countries of origin. Due to the importance of this right, it was included in art. 13 of the European Convention on Human Rights (ECHR), however, this article did not provide a clear definition of what is an effective remedy. The European Court of Human Rights (ECtHR), as the judicial body responsible for the application of the ECHR, discussed the right to an effective remedy in many cases in which the applicants claimed that their right to an effective remedy has been violated. The Court did not provide a specific definition rather it provided requirements for a remedy to be effective which will be discussed in this thesis. As the ECHR is applied to "everyone" as provided in article 1 of the Convention, asylum seekers can claim the violations of their right to an effective remedy before the ECtHR. This can provide a significant guarantee in the protection system for asylum seekers in different ways. Art. 13 of the ECHR stipulated the national authorities are the main responsible for providing the right to an effective remedy. In case the national authorities failed in providing such remedy, hence the role of the ECtHR comes to provide such remedy which is known as the principle of subsidiarity. Also, as asylum seekers are the more vulnerable groups for forcible refoulement, it became important to discuss if the right to an effective remedy can be protect them against such refoulement. This thesis aims to investigate the right to an effective remedy as evolved by the case law of the European Court of Human Rights. It analysis the interpretation of this right by the ECtHR to explain its requirements, type, and scope of application, Also, it focuses on the principle of subsidiarity and how it can be applied in this regard. Finally, it discussed the implementation of the right to an effective remedy in conjunction with the principle of non-refoulement to explain the scope of protection that can be guaranteed for asylum seekers against forcible refoulement.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:uu-525392 |
| Date | January 2024 |
| Creators | Abosief Elsharkawy, Mahmoud |
| Publisher | Uppsala universitet, Teologiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | English |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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