Legal definition of Granting Asylum
The term “Grant of Asylum” refers to the protection provided by a state to a foreign citizen who has fled their home country due to a well-founded fear of persecution. In this specific case, the individual has suffered physical or moral harm because of their race, religion, nationality, membership in a particular social group, or political opinions. They cannot return to their country, as extradition would put them in danger.
The granting of asylum falls under international law, primarily established by the 1951 Geneva Convention. It obliges states to protect the fundamental rights of individuals fleeing persecution. This includes the right to safety, dignified treatment, and access to essential services such as education and healthcare. If the risk of persecution is well-founded, states must ensure that asylum seekers are not returned to places where their lives would be threatened.
If asylum is granted, the recipient obtains a legal status that allows them to reside legally in the host country. This status includes the right to work, enabling the refugee to support themselves and contribute to the local economy. The beneficiary also has access to essential rights and services, such as education for their children, free or subsidized healthcare, and social assistance. Additionally, this status guarantees protection against forced return to their country of origin, providing a stable and secure environment to rebuild their life, integrate into the community, and actively participate in the host society.
Etymology of “Granting Asylum”
The expression “Grant of Asylum” has its etymological roots in the Latin “asylum,” derived from the Ancient Greek “asylon” meaning an inviolable refuge. The term “grant” on the other hand, comes from the Anglo-Norman “graunter” which means to give or bestow.
Historically, “asylum” referred to religious sanctuaries that provided protection against persecution. With the development of international law, “Grant of Asylum” has become the legal concept designating the act of providing legal protection to those fleeing dangers in their country of origin.