Discrimination Based Upon Race, Religion, and Ethnicity When Filing for Asylum in the European Union (Policy Paper)

Advocates Abroad, 2017

34 Pages Posted: 15 Feb 2017 Last revised: 19 Dec 2017

See all articles by Catherine Moore

Catherine Moore

MONUSCO

Ariel Ricker

Senate Majority Office; Hawaii State Judiciary

J. Michal Forbes

University of Baltimore - School of Law

Alexander Ayer

University of Baltimore - School of Law

Date Written: January 15, 2017

Abstract

Individuals within the European Union, regardless of immigration status, should be afforded the protections of both EU law and the European Convention on Human Rights. There is a large body of law in Europe that exists to protect individuals from racial and religious discrimination. However, the law has been applied unevenly, which has, subsequently, caused gaps in many crucial areas. As a result, migrants who are now seeking asylum face discrimination when they should be protected.

Most applicants applying for asylum within the European Union are non-Caucasian and non-Christian. This paper will examine the current state of the law in Europe to evaluate the degree of protection from racial and religious discrimination asylum seekers can expect. First, this paper will examine the legal framework within the European Union. Next, this paper will examine the implementation of refugee law in three EU counties, recent developments in the region, and recent EU case law. Then, this paper will examine Council of Europe law, including treaty law and case law, since EU countries are also state parties to the European Convention on Human Rights. Finally, this paper will make policy recommendations to ensure that the EU is not discriminating against asylum seekers and that every state participates in aiding refugees.

Keywords: discrimination, ECHR, European Union, EU, migration, asylum, refugee crisis, Greece, Germany, Hungary

Suggested Citation

Moore, Catherine and Ricker, Ariel and Forbes, J. Michal and Ayer, Alexander, Discrimination Based Upon Race, Religion, and Ethnicity When Filing for Asylum in the European Union (Policy Paper) (January 15, 2017). Advocates Abroad, 2017. Available at SSRN: https://ssrn.com/abstract=2917290

Catherine Moore (Contact Author)

MONUSCO ( email )

New York, NY 10017
United States

Ariel Ricker

Senate Majority Office ( email )

Honolulu, HI 96817
United States

Hawaii State Judiciary ( email )

Honolulu, HI 96813-2943

J. Michal Forbes

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

Alexander Ayer

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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