Securing a durable right to asylum: comparing access to protection under the european and inter-american systems
Author | Jason Zubata |
Position | Recent graduate of The George Washington University Law School, where he received a J.D. with honors and a concentration in international and comparative law |
Pages | 169-181 |
SECURING A DURABLE RIGHT TO ASYLUM:
COMPARING ACCESS TO PROTECTION UNDER
THE EUROPEAN AND INTER-AMERICAN
SYSTEMS
JASON ZUBATA*
TABLE OF CONTENTS
I. INTRODUCTION ..................................... 169
II. BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
A. The European Regional System . . . . . . . . . . . . . . . . . . . . 172
B. The Inter-American System....................... 176
III. ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
IV. RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
I. INTRODUCTION
Countless crises and conflicts worldwide have forced more individuals to
flee their home countries than in the last 25 years.
1
See António Guterres, EU Stakeholders Conference: “An open and safe Europe - what next?”;
Statement by António Guterres, United Nations High Commissioner for Refugees, U.N. HIGH COMM’R
FOR REFUGEES (Jan. 29, 2014), https://perma.cc/X3JB-A8BV; see also Displacement in Central America,
U.N. HIGH COMM’R FOR REFUGEES, https://perma.cc/B4XC-NT3V (last visited Mar. 4, 2022) (“Growing
numbers of people in Central America are being forced to leave their homes.”).
In particular, the Syrian
conflict and the Russian invasion of Ukraine have triggered devastating hu-
manitarian crises, leading to millions of refugees being displaced and leaving
even more in need of humanitarian assistance.
2
See Marianna Fotaki, A Crisis of Humanitarianism: Refugees at the Gates of Europe, 8 INT’L J. OF
HEALTH POL’Y & MGMT. 321, 321–23 (2019); Helen Regan, Paul P. Murphy & Tim Lister, One Million
Refugees Flee Ukraine as Russia Escalates Bombardment of Key Cities, CNN, https://perma.cc/GAJ2-
R3JD (last updated Mar. 4, 2022); see also ADEMOLA ABASS & FRANCESCA IPPOLITO, REGIONAL
Similarly, the military and
* Mr. Zubata is a recent graduate of The George Washington University Law School, where he
received a J.D. with honors and a concentration in international and comparative law. He had previously
received his B.A., summa cum laude, in Justice & Law and Psychology, with a concentration in criminol-
ogy. He is currently an Attorney General Honors Attorney at the Department of Justice, Ofce of
Immigration Litigation. © Jason Zubata.
1.
2.
169
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