The Legal Foundations and Principles Governing the Right to Humanitarian Asylum: A Critical Legal Study

Abstract

This study aims to examine the most prominent legal principles established by the 1951 Convention Relating to the Status of Refugees, which constitutes the cornerstone of the international protection system. The focus is placed on two fundamental principles that serve as central guarantees for safeguarding the rights of refugees and protecting them from persecution and inhumane treatment. The first section addresses the principle of non-refoulement, by reviewing its conceptual and legal framework and outlining its legal nature along with the exceptions that may apply. The second section is devoted to the principle of non-penalization of asylum seekers, as a protective mechanism that ensures their access to the host country without fear of punishment for unlawful entry or residence, while also discussing the conditions and exceptions applicable to this principle. The study concludes by presenting the main findings, accompanied by a set of recommendations aimed at enhancing international refugee protection and ensuring its effectiveness.