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INTERNATIONAL RULES FOR REFUGEES

  • The Universal Declaration of Human Rights;

  • Convention of Geneva 1951 and Protocol of 1967;

  • Treaty on the Functioning of the European Union;

  • Regulation Dublin III;

  • Directive 2011/95/EU of the European Parliament and of the Council

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The Universal Declaration of Human Rights: it was approved in 1948 and it defends the Human Rights. According to the article 14, everyone has the possibility to seek and enjoy asylum from persecution unless it  is wanted for non-political crimes.

Convention of Geneva 1951 and Protocol of 1967: it was signed in 1954 and draft by the UN. It regulated the refugees status post-Second World War. It did not apply for extraeuropean refugees.

The main principles of the Convention are:

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  • No discrimination about race, religion and home country;

  • Duty to provide public education, assistance and work;

  • Suitable accommodation;

  • Freedom of movement and expatriation;

  • Issuing of identity documents valid also for expatriation;

  • No penalities on criminal activities for irregular entrance or stay;

  • Advantages on the requirement of the citizenry;

  • Prohibition of refoulement.

 

The convention imposes the respect of laws and regulations to keep the public order and the signature entails  the respect of the Convention.

The protocol was approved in 1967 and it extends the Convention to all the refugees although they are extraeuropean.

Treaty on the Functioning of the European Union: in the UE constitution did not exist an article for refugees. The European countries have a common policy on asylum and they ensure compliance with the principle of non-refoulement (Art.78). The UE reveals the country that has to deal with the asylum application.

Regulation Dublin III: it is the base of European system of asylum.

The main principles are:

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  • Every asylum or subsidiary protection application is examined by one European country;

  • The examination is made by the first state member in which the refugee enters for the first time;

  • The authority stops after 12 months from the crossing of the frontier;

  • The refugee remains in the country where he received the protection.

 

There are rules because of imbalance between states:

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  • If the entrance state is unknown, the refugee can do the request in the country where he stays  at least for 5 months;

  • To keep together children with their families.

Directive 2011/95/EU of the European Parliament and of the Council: it establishes the requisite to obtain the subsidiary protection.

The states safeguard refugees on:

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  • No-refoulement;

  • Communication in their mother tongue;

  • Residency permits for 3 years and renewable for refugees, 1 year and renewable for the beneficiary of subsidiary protection;

  • Travel into the UE;

  • Work self-employed person or employed;

  • Education for children and adults;

  • Medical care;

  • Accommodation;

  • Society integration.

THE  ITALIAN LAW: ART. 10 COST.

The Italian judicial system is based on the international one and refugees have the right of asylum in Italy, but it is not allowed the extradition for political crimes.

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