FACTOID # 2: Puerto Rico has roughly the same gross state product as Montana, Wyoming and North Dakota combined.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Right of asylum

Right of asylum (or political asylum) is an ancient judicial notion, under which a person persecuted for political opinions or religious beliefs in his or her country may be protected by another sovereign authority, a foreign country, or Church sanctuaries (as in medieval times). Political asylum should not be mistaken with modern refugee law, which rather deals with massive influx of population, while the right of asylum concerns individuals and is usually delivered in a case-to-case basis.[verification needed] However, the two may somehow overlap, since each refugee may demand to be accorded on an individual basis political asylum. This right has its roots in a longstanding Western tradition—although it was already recognized by the Egyptians, the Greeks and the Hebrews—Descartes went to the Netherlands, Voltaire to England, Hobbes to France (followed by many English nobles during the English Civil War), etc. Each state offered protection to foreign persecuted persons. However, the development in the 20th century of bilateral extradition treaties has endangered the right of asylum, although international law considers that a state has no obligation to surrender an alleged criminal to a foreign state, as one principle of sovereignty is that every state has legal authority over the people within its borders. The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ... Look up Persecution in Wiktionary, the free dictionary. ... Sovereignty is the exclusive right to exercise supreme political (e. ... St. ... Ajax prepares to violate the sanctuary of Athena by abducting Cassandra by force: red-figure vase, c. ... Refugee Law is the branch of International Law which deals with the rights and protection of refugees. ... A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ... The term Western world or the West (also on rare occasions called the Occident) can have multiple meanings depending on its context (i. ... The word tradition comes from the Latin word traditio which means to hand down or to hand over. ... This article or section does not adequately cite its references or sources. ... René Descartes René Descartes (IPA: , March 31, 1596 – February 11, 1650), also known as Cartesius, worked as a philosopher and mathematician. ... For the sport horse, see Voltaire (horse). ... Motto (French) God and my right Anthem God Save the King (Queen) England() – on the European continent() – in the United Kingdom() Capital (and largest city) London (de facto) Official languages English (de facto) Government Constitutional monarchy  -  Queen Queen Elizabeth II  -  Prime Minister Tony Blair MP Unification  -  by Athelstan 967  Area... This article is about the philosopher Thomas Hobbes. ... The English Civil War consisted of a series of armed conflicts and political machinations that took place between Parliamentarians (known as Roundheads) and Royalists (known as Cavaliers) between 1642 and 1651. ... (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999... Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. ... Single European Act A treaty is a binding agreement under international law entered into by actors in international law, namely states and international organizations. ... This article or section is in need of attention from an expert on the subject. ... A state is a political association with effective dominion over a geographic area. ... for other uses please see Crime (disambiguation) A crime is an act that violates a political or moral law. ... Sovereignty is the exclusive right to exercise supreme political (e. ...

Contents

Medieval right of asylum

Remains of one of four medieval stone boundary markers for the sanctuary of Saint John of Beverley in the East Riding of Yorkshire
Remains of one of four medieval stone boundary markers for the sanctuary of Saint John of Beverley in the East Riding of Yorkshire
See also: Sanctuary

Many ancient peoples, including the Egyptians, the Greeks, and the Hebrews, recognized a religious "right of asylum," protecting criminals (or those accused of crime) from legal action to some extent. This principle was adopted by the early Christian church, and various rules developed for what the person had to do to qualify for protection and just how much protection it was. Image File history File links Photo by Alan Hardy, Walkington News[1], East Yorkshire, UK. Taken on June 1, 2005. ... Image File history File links Photo by Alan Hardy, Walkington News[1], East Yorkshire, UK. Taken on June 1, 2005. ... Ajax prepares to violate the sanctuary of Athena by abducting Cassandra by force: red-figure vase, c. ... Saint John of Beverley (d. ... The East Riding of Yorkshire is a local government district with unitary authority status, and a ceremonial county of England. ... Ajax prepares to violate the sanctuary of Athena by abducting Cassandra by force: red-figure vase, c. ...


Right of asylum was theorized in 511 during the Council of Orleans in presence of Clovis I. It granted asylum to any one who took refuge in a Church, in its dependences or in the house of a bishop. This protection was given to murderer, thieves or people accused of adultery. It also concerned the fugitive slave, who would however be handed back to his owner if this one swore on the Bible not to be cruel. This Christian right of asylum was confirmed by all following councils. The First Council of Orléans was convoked by Clovis I in 511. ... Clovis I (variously spelled Chlodowech or Chlodwig, giving modern French Louis and modern German Ludwig) (c. ... This article is about a title or office in religious bodies. ... Everyday instance of theft: the bike which fits on this wheel has disappeared. ... Adultery is voluntary sexual intercourse between a married person and a partner other than the lawful spouse. ... Slave redirects here. ... In Christianity, an Ecumenical Council or general council is a meeting of the bishops of the whole church convened to discuss and settle matters of Church doctrine and practice. ...


In England, King Ethelbert made the first laws regulating sanctuary in about 600 A.D. By the Norman era after 1066, there had evolved two kinds of sanctuary: all churches had the lower-level kind (sanctuary within the church proper), but only churches licensed by the king had a broader version (sanctuary in a zone surrounding the church). There were at least twenty-two churches with charters for a broader kind of sanctuary, including Battle Abbey, Beverley (see image, right), Colchester, Durham, Hexham, Norwich, Ripon, Wells, Winchester Cathedral, Westminster Abbey, and York Minster. Statue of Ethelbert. ... Ajax prepares to violate the sanctuary of Athena by abducting Cassandra by force: red-figure vase, c. ... Novices room at Battle Abbey Battle Abbey, actually named St. ... Arms of Beverley For other uses, see Beverley (disambiguation). ... Winchester Cathedral as seen from the Cathedral Close View along the nave of Winchester Cathedral to the west door A plan published in 1911 View of Winchester Cathedral Winchester Cathedral at Winchester in Hampshire is one of the largest cathedrals in England, said to be the second longest, and with... The Collegiate Church of St Peter, Westminster, which is almost always referred to by its original name of Westminster Abbey, is a mainly Gothic church, on the scale of a cathedral (and indeed often mistaken for one), in Westminster, London, just to the west of the Palace of Westminster. ... York Minster is the largest Gothic cathedral in northern Europe and is situated in the city of York in Northern England. ...


Sometimes the criminal had to get to the church itself to be protected, and might have to ring a certain bell there, or hold a certain ring or door-knocker, or sit on a certain chair ("frith-stool"), and some of these items survive at various churches. In other places, there was an area around the church or abbey, sometimes extending as much as a mile and a half, and there would be stone "sanctuary crosses" marking the boundary of the area; some of those still exist as well. Thus it could become a race between the felon and medieval law officers to the nearest sanctuary boundary, and could make the serving of justice a difficult proposition.


Church sanctuaries were regulated by common law. An asylum seeker was to confess his sins, surrender his weapons, and be placed under the supervision of the head of the church or abbey where he had fled. He then had forty days to make one of two choices: surrender to secular authorities and stand trial for the crimes against him, or confess his guilt and be sent into exile (abjure the realm), by the shortest route and never return without the king's permission. Anyone who did come back could be executed by the law and/or excommunicated by the Church. Abjuration (from Latin abjurare, to forswear), a solemn repudiation or renunciation on oath. ... Excommunication is religious censure which is used to deprive or suspend membership in a religious community. ...


If the suspect chose to confess his guilt and abjure, he would do so in a public ceremony, usually at the gate of the church grounds. He would surrender his worldly goods to the church, and his landed property to the crown. The coroner, a medieval official, would then choose a port city from which the fugitive should leave England (though the fugitive himself sometimes had this privilege). The fugitive would set out barefooted and bareheaded, carrying a wooden cross-staff as a symbol of his protection under the church. Theoretically he would stay to the main highway, reach the port and take the first ship out of England. In practice, however, the fugitive could get a safe distance away, abandon the cross-staff and take off and start a new life. However, one can safely assume the friends and relatives of the victim knew of this ploy and would do everything in their power to make sure this did not happen; or indeed that the fugitive never reached his intended port of call, becoming a victim of vigilante justice under the pretense of a fugitive who wandered too far off the main highway while trying to "escape." This article or section needs copy editing for grammar, style, cohesion, tone and/or spelling. ...


Knowing the grim options, some fugitives rejected both choices and opted for an escape from the asylum before the forty days were up. Others simply made no choice and did nothing. Since it was illegal for the victim's friends to break into an asylum, the church would deprive the fugitive of food and water until a decision was made.


Henry VIII changed the rules of asylum, reducing to a short list the types of crimes which were allowed to claim asylum. The medieval system of asylum was finally abolished entirely by James I in 1623. Henry VIII (28 June 1491 - 28 January 1547) was King of England and Lord of Ireland, later King of Ireland, from 22 April 1509 until his death. ... Year 1623 (MDCXXIII) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 10-day slower Julian calendar). ...


During the Wars of the Roses, when the Yorkists or Lancastrians would suddenly get the upper hand by winning a battle, some adherents of the losing side might find themselves surrounded by adherents of the other side and not able to get back to their own side. Upon realizing this situation they would rush to sanctuary at the nearest church until it was safe to come out. A prime example is Queen Elizabeth Woodville, consort of Edward IV of England: Lancaster York For other uses see Wars of the Roses (disambiguation) The Wars of the Roses (1455 - 1485) were a series of civil wars fought over the throne of England between adherents of the House of Lancaster and the House of York. ... Elizabeth Woodville or Wydville (c. ... Edward IV (April 28, 1442 – April 9, 1483) was King of England from March 4, 1461 to April 9, 1483, with a break of a few months in the period 1470–1471. ...


In 1470, when the Lancastrians briefly restored Henry VI to the throne, Edward's queen was living in London with several young daughters. She moved with them into Westminster for sanctuary, living there in royal comfort until Edward was restored to the throne in 1471 and giving birth to their first son Edward during that time. When King Edward died in 1483, Elizabeth (who was highly unpopular with even the Yorkists and probably did need protection) took her five daughters and youngest son (Richard, Duke of York) and again moved into sanctuary at Westminster. To be sure she had all the comforts of home, she brought so much furniture and so many chests that the workmen had to knock holes in some of the walls to get everything in fast enough to suit her.[verification needed] Henry VI (December 6, 1421 – May 21, 1471) was King of England from 1422 to 1461 (though with a Regent until 1437) and then from 1470 to 1471, and King of France from 1422 to 1453. ... The Collegiate Church of St Peter, Westminster, which is almost always referred to by its original name of Westminster Abbey, is a mainly Gothic church, on the scale of a cathedral (and indeed often mistaken for one), in Westminster, London, just to the west of the Palace of Westminster. ... Edward V (4 November 1470 – 1483?) was the King of England from 9 April 1483 until his deposition two months later. ...


Modern political asylum

The United Nations 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees guides national legislation concerning political asylum. Under these agreements, a refugee (or for cases where repressing base means has been applied directly or environmentally to the defoule' refugee) is a person(s) who is outside his or her country of nationality's environment (or place of habitual residence if stateless) who, owing to a fear of persecution against his or her account of a protected grounds based by the persecuting state fundamental terms and conditions as a member of that state and is unable or unwilling to avail or grant himself or herself to or of the protection of his or her state. The criterions of the protected grounds of ones' own state's accounts include race, nationality, religion, political opinions and memberships and/or participations of any particular social group or social activities. The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... 1951 (MCMLI) was a common year starting on Monday; see its calendar. ... The United Nations Convention on the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. ... In English usage, nationality is the legal relationship between a person and a country. ... A stateless person is someone with no citizenship or nationality. ... Look up Persecution in Wiktionary, the free dictionary. ... This article concerns the term race as used in reference to human beings. ... In English usage, nationality is the legal relationship between a person and a country. ... In sociology, a group is usually defined as a collection consisting of a number of people who share certain aspects, interact with one another, accept rights and obligations as members of the group and share a common identity. ...


The signatories to these agreements not compromises are obligated to other than the returning of any person(s) claiming or person(s)' qualified as a refoule refugees or repressed person{s}) resembling the conditions described in the previous termed discriptions to the place where the original afflictions, farce abusive persecutory methods and any other open or closed terms of applied depersonalizational means to be use for approaching and intervene with the commitments made by the claiming or qualifying refugees or person(s) place under reveiw. These are the accepted terms and criteria as principles and a fundamental part in the The U.N. 1951 Convention Relating to the Status of Refugees' Non-refoulement order. This article is about the United Nations, for other uses of UN see UN (disambiguation) Official languages English, French, Spanish, Russian, Chinese, Arabic Secretary-General Kofi Annan (since 1997) Established October 24, 1945 Member states 191 Headquarters New York City, NY, USA Official site http://www. ... 1951 (MCMLI) was a common year starting on Monday; see its calendar. ... The United Nations Convention on the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. ... Non-refoulement The principle of non-refoulement concerns the protection of refugees from being returned to places where their lives or freedoms could be threatened. ...


Since the 1990s, sexual persecution has come to be accepted in some countries as a legitimate category for asylum claims, where the claimant can prove that the state is unable or unwilling to provide protection. This article or section does not cite any references or sources. ...


Right of Asylum in France

Political asylum is recognized in France (droit d'asile) by the 1958 Constitution. It has been restricted due to immigration policies with the December 30, 1993 law; the Debré law of April 24, 1997, the May 11, 1998 law and the December 10, 2003 law. Henceforth, critics, including the Human Rights League (Ligue des droits de l'homme - LDH) have opposed themselves to what they see as a practical abandon of a longstanding European judicial tradition. Jean-Louis Debré, President of Constitutional Council of France Jean-Louis Debré (born September 30, 1944 in Toulouse) is a conservative French politician. ... The Ligue des droits de lhomme (Human Rights League) is a French NGO founded on June 4, 1898, by the republican Ludovic Trarieux to defend captain Alfred Dreyfus, a Jew wrongly accused of treason - this would be known as the Dreyfus Affair. ... The word tradition comes from the Latin word traditio which means to hand down or to hand over. ...


Political asylum is also defined in France by the 1951 United Nations (UN) Convention Relating to the Status of Refugees (ratified in 1952), the additional 1967 protocol; articles K1 and K2 of the 1992 Maastricht Treaty as well as the 1985 Schengen Agreement which defined the European policy on immigration. Finally, right of asylum is defined by article 18 of the Charter of Fundamental Rights of the European Union. The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... The United Nations Convention on the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. ... The Maastricht Treaty (formally, the Treaty of European Union, TEU) was signed on February 7, 1992 in Maastricht, Netherlands after final negotiations in December 1991 between the members of the European Community and entered into force on November 1, 1993 during the Delors Commission. ...  Implementing countries  Members (not yet implemented)  Expressed interest in joining A monument to the Agreement in Schengen A typical Schengen border crossing without any border control post, just the common EU-state sign welcoming the visitor, as here between Germany and Austria The 1985 Schengen Agreement is an agreement among... This article or section does not cite its references or sources. ... The Charter of Fundamental Rights of the European Union is a document containing human rights provisions, solemnly proclaimed by the European Parliament, the Council of the European Union, and the European Commission in December 2000. ...


On a purely judicial level, only four conditions may be opposed to the accordance of political asylum to someone who has proven being subject to persecution in his or her country: the presence of the alien represent a serious threat to public order; the request should be addressed by another sovereign state; the request has already been accepted in another state; the request is an abuse on the system of political asylum. In urban planning, the notion of public order refers a city containing relatively empty (and orderly) spaces; which allow for flexibility in redesiging the citys layout; such perceptions played an important role in the establishments of suburbs. ...


The December 10, 2003 law has limited political asylum, giving two main restrictions:

  • it invented the notion of "internal asylum": the request may be rejected if the foreigner may benefit from political asylum on a portion of the territory of the state
  • the OFPRA (Office français pour la protection des réfugiés et apatrides - French Office for the Protection of Refugees and Stateless Persons [1]) now makes a list of allegedly "safe countries" which respect political rights and principles of liberty. If the demander comes from such a country, the request is treated in 15 days, and receives no welfare protection. He may contest the decision, but this does not suspend any deportation order. The first list, enacted in July 2005, included as "safe countries" Benin, Cap-Vert, Ghana, Mali, Mauritius Island, India, Senegal, Mongolia, Georgia, Ukraine, Bosnia and Croatia. It had as effect to reduce in six months from 80% the proportion of appliants from these countries. The second list, passed in July 2006, included Tanzania, Madagascar, Niger, Albania and Macedonia [1].

Thus, although the right of political asylum has been conserved in France in despite of the various anti-immigration laws, it has been severely restricted. Apart of the purely judicial level, the bureaucratic process is also used to slow down and ultimately reject what might be considered as valid requests. According to Le Figaro, France granted 7,000 status of political refugee in 2006, for a total of 35,000 requests; in 2005, the OFPRA in charge of examining the legitimacy of such requests granted less than 10,000 on a total of 50,000 requests [2]. A stateless person is someone with no state or nationality, usually because the state that gave their previous nationality has ceased to exist and there is no successor state. ... ... Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has immunity from the arbitrary exercise of authority. ... Welfare has four primary meanings: Welfare, the good fortune, health, happiness, prosperity, etc. ... Deportation is the expelling of someone from a country. ... The peninsula of Cap-Vert (Cape Verde, meaning green point) is the westernmost part of the continent of Africa. ... This article does not adequately cite its references or sources. ... Motto none Anthem Intermeco Bosnia and Herzegovina() on the European continent()  —  [] Capital (and largest city) Sarajevo Official languages Bosnian Croatian Serbian Government Parliamentary democracy  -  Presidency members NebojÅ¡a Radmanović1 Haris Silajdžić2 Željko KomÅ¡ić3  -  Chairman of the Council of Ministers Nikola Å pirić  -  High Representative 4 Independence... The Politics series Politics Portal This box:      Bureaucracy is a concept in sociology and political science referring to the way that the administrative execution and enforcement of legal rules are socially organized. ... Le Figaro (English: ) is one of the leading French morning daily newspapers. ...


Numerous exilees from South American dictatorships, in particular from Augusto Pinochet's Chile and Argentina, were received in the 1970s-80s. As a current example, since the 2001 invasion of Afghanistan, tens of homeless Afghan refugees waiting to be accorded political asylum have been sleeping in a park in Paris near the Gare de l'Est train station. Although their demands haven't been yet accepted, their presence has been tolerated a while. However, since the end of 2005, NGOs notes that the police separates Afghans from other migrants during raids, and expel in charters those who have just arrived in Gare de l'Est by train and haven't had time to make the demand for asylum (a May 30, 2005 decree impose them to pay themselves a translator for helping them in official formalities) [2]. Augusto José Ramón Pinochet Ugarte[1] (November 25, 1915–December 10, 2006) was a general who was military dictator and President of Chile from 1973 to 1990. ... This article or section does not cite its references or sources. ... A homeless man pushes a cart down the street. ... City flag City coat of arms Motto: Fluctuat nec mergitur (Latin: Tossed by the waves, she does not sink) Paris Eiffel tower as seen from the esplanade du Trocadéro. ... An RER train at Gare de lEst. ... NGO is an abbreviation or code for: Non-governmental organization Nagoya Airport (IATA code) This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... A charter airline is one that operates charter flights, that is flights that take place outside normal schedules, by a hiring arrangement with a particular customer. ... May 30 is the 150th day of the year in the Gregorian calendar (151st in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...


Right of Asylum in the United Kingdom

Further information: Asylum and Immigration Tribunal

In the 19th century, the United Kingdom accorded political asylum to various persecuted people, among whom were many members of the socialist movement (including Karl Marx). With the 1894 attempted bombing of the Greenwich Royal Observatory and the 1911 Siege of Sidney Street in the context of the propaganda of the deed anarchist actions, political asylum legislation was restricted. The Asylum and Immigration Tribunal(AIT) is a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration decisions. ... Socialism is a social and economic system (or the political philosophy advocating such a system) in which the economic means of production are owned and controlled collectively by the people. ... Karl Heinrich Marx (May 5, 1818, Trier, Germany – March 14, 1883, London) was a German philosopher, political economist, and revolutionary. ... This article is about explosive devices. ... Royal Observatory, Greenwich Royal Observatory, Greenwich Former Royal Greenwich Observatory, Herstmonceux East Sussex one of the hyper-accurate chronometers at the observatory. ... Soldiers from the Scots Guards open fire in Sidney Street The Siege of Sidney Street, popularly known as the Battle of Stepney, was a notorious gunfight in Londons East End in 1911. ... Propaganda of the deed (or propaganda by the deed, from the French propagande par le fait) is a concept of anarchist origin, which appeared towards the end of the 19th century, that promoted terrorism against political enemies as a way of inspiring the masses and catalyzing revolution. ... Anarchism is a form of social criticism, a political movement as well as a political philosophy. ...


Right of Asylum in the United States

The United States honors the right of asylum of individuals as specified by international and federal law. A specified number of legally defined refugees, who apply for refugee status overseas and then asylum after arriving in the U.S., are admitted annually. The United States honors the right of asylum of individuals as specified by international and federal law. ... Refugee Law is the branch of International Law which deals with the rights and protection of refugees. ...


See also


  Results from FactBites:
 
Right of Asylum (3798 words)
Asylum within the meaning of the Geneva Convention was supplemented in 1998 by the Réséda Act and new forms of protection: constitutional asylum, granted to anyone persecuted for actions to promote liberty; and territorial asylum, offered to foreigners under threat in their own country or subject to inhuman or degrading treatment.
Guarantees to asylum seekers will be extended, notably as concerns consideration of the merits of their application, the presence of counsel at hearings, and judicial appeal with suspensory effect for both types of asylum.
Breathing new life into the right of asylum means affirming before the world that France continues to live by her values and her traditions, that she remains committed to the principle of justice which should be our guide as we build the new world.
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m