Asylum Seekers and Human Rights

Asylum seekers, by their very circumstances, test our common assumptions and practice in relation to human rights. The treatment of asylum seekers in many European countries has become harsher, more restrictive and less tolerant in recent years, raising questions about the violation of their rights. The article examines the bases of the rights that asylum seekers do have and whether these are best supported as human rights or more limited rights that attach to the place of their temporary residence and to obligations made by their country of temporary residence. Given the propensity of receiving countries to afford increasingly limited rights, the article identifies a limited set of rights that should take priority in a hierarchy of rights and which might claim widespread acceptance as those which asylum seekers must enjoy. This revised version was published online in August 2006 with corrections to the Cover Date.