Law, Dignity & Socio-Economic Rights: The Case of Asylum Seekers in Europe

Abstract

This paper explores the interplay of dignity, law and rights as regards the socio-economic rights of asylum seekers. It does so by posing some questions as regards the extent to which this concept of ‘reception’ is preferable to the issue of socio-economic rights. This paper is not going to discuss the (rather depressing) situation in different EU member states; rather, this paper considers whether systems and processes of international and European human rights law offer heighted protection for the socio-economic rights of asylum seekers. Part B clarifies some of the terminology that is utilised in this paper, in particular as regards what I mean by the phrase ‘asylum seeker’ and why I utilise the language of ‘socio-economic rights’ in preference to ‘reception conditions’. Part C, the core of this paper, considers the extent to which the socio-economic rights of asylum seekers are protected at the supranational level under international and European law (both EU and Council of Europe). Part D reflects on the extent that asylum seekers truly enjoy equal protection of socio-economic rights vis-à-vis citizens or legal residents of a state.

Keywords: asylum seekers, socio-economic rights, dignity, European Union law, ECHR Law, universalism, relativism, human rights, social and economic rights, ICESCR, CRC