The migrants have come from Syria, where there have been a civil war and the persecution effected by the Islamic State of Iraq and Syria (ISIS), and from Iraq, where ISIS has thrown out the citizens, since that group imposing rules that disrespect the individual rights. Unfortunately, there have been other areas in Africa and Asia where there have been issues related to violence, disrespect to the individual and fundamental rights and persecutions of citizens.

Because of that people have crossed into Europe for thousands kilometres journey overland or in flimsy rubber dinghies or small wooden boats by the sea. Indeed those journeys have caused more suffer, death and disrespect of human rights.

On the other hand, European countries, which have been the point of arrival, such as Greece, Hungary and Italy have not had conditions to maintain thousands of people in their territories.

Anyway, refugees have applied for asylum and they have waited for being received in an European State, especially in Germany.

For those reasons, tensions in the Europe have rose, since no country has been able to resettle so many people in the same time. While rich countries have discussed the issue, refugees have had all kind of deprivation.

About the vision of Law, we can indicate that Public International Law, which is the body of rules and principles about rights and duties between States, International Organization and nowadays the individual person, in order to solve issues of sovereign, human rights and the obligations of the States faced them.

The International Human Rights Law and the Refugees Rights are parts of International Public Law. Indeed, this area of the law offers protection and assistance to people who across international borders, in order to maintain their dignity.

The internationalization of the Human Rights is a recent phenomenon, which rose after the Second World War and the creation of United Nations.

Since 1951, there is an International Convention on the Status of Refugee, approved by United Nations.

There is also an United Nations Agency, called the United Nations Refugee Agency, which its purposes are:

-protection to refugees

-promotion of the solutions to that issue

In this law area, there is a special concept called “non-refoulement” or no devolution, based on the refugees’ rights. It means, simply, that a persecuted person can not be sent back. Therefore, that person must receive protection, shelter and a new life.

Resettling refugees is not a solidarity act, but it is a humane concept. That is why there is a legal system of human rights protection to respond to the necessities of the unfair persecutions and the intolerance victims

Much less, granting the refuge is not a discretionary act of the State because of the fact that the recognition of that status is conditioned by legal hypotheses. As we have known, status is a position of a person faced to law.

The refugee status is granted to anybody who suffers from persecution in his original State or habitual resident State because of his:

-race

-nationality

-religion

-political opinion

-belonging to a defined social group

Therefore, there are five reasons to grant the refugee status. However, the war is the main practice reason to apply the status.

By the way, there are, also, essential elements to define the refugee “persecution, fear and the extraterritoriality”.

The problem is that the protection is carried out inside of each State has been involved and some States have forgotten that there are rights of people as well duties of States.
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*Rita Lopes is lawyer and partner of Carvalho Lopes Advogados.