The role of Council of Europe law and ECtHR practice in the protection of refugee rights

Yuliya M. Hryshyna (), Maryna Barsuk (), Ivan Y. Kaylo (), Volodymyr O. Havrylyuk () and Dmytro V. Tkachenko ()
Additional contact information
Yuliya M. Hryshyna: People's Deputy of Ukraine of the 9th convocation, Kyiv, Ukraine.
Maryna Barsuk: Northern Commercial Court of Appeal 23, Kyiv, Ukraine.
Ivan Y. Kaylo: Kononenko, Kaylo & Partners JSC., Kyiv, Ukraine.
Volodymyr O. Havrylyuk: Prosecutor of the Zakarpattia region, Ukraine.
Dmytro V. Tkachenko: Boryspil city and district court of the Kyiv region, Ukraine.

Juridical Tribune - Review of Comparative and International Law, 2023, vol. 13, issue 3, 490-508

Abstract: Despite the fact that international law is aimed at the settlement of any disputes through negotiations and litigation, and the principle of peaceful settlement of disputes is one of the fundamental principles of international law, there are still subjects of international law in the world who prefer the military way of dispute settlement and violate the fundamental principles of peaceful interstate relations. One of the most striking examples is the armed aggression of the Russian Federation against an independent European state - Ukraine. Russia not only violated the fundamental principles of international law, such as peaceful settlement of disputes, respect for the sovereignty of the state, etc. but also caused a huge number of human rights violations. As a result of the armed aggression, many Ukrainian citizens were forced to seek refuge abroad in European countries. Thus, the issue of legal regulation of the rights of refugees in Europe is relevant both for the European countries that accept and protect such refugees, and for the citizens of Ukraine who are forced to obtain such status. The author of the article paid special attention to the protection of refugees' rights within the framework of the Council of Europe law and the ECtHR case law, as these institutions are key to the protection of human rights in the European space. Thus, the study of the role of the Council of Europe and the ECtHR will provide an opportunity to understand the overall picture of refugee protection in the region. In general, the growth of annual migration volumes makes it necessary to pay special attention to this issue, especially in relation to forced migrants who are vulnerable and in need of protection by the host state. The purpose of this article is to explore the role and significance of the law of the Council of Europe, as well as the ECHR in the protection of the rights and freedoms of refugees in the European region, as well as the current issues faced by Ukrainian refugees in European countries. In addition the article examines the fundamental approaches to the understanding of the concept of refugee in the theoretical and legal plane.

Keywords: refugees; human rights; war in Ukraine; ECtHR; Council of Europe; protection of refugee rights; European Court of Human Rights startups; digital economy. (search for similar items in EconPapers)
JEL-codes: K33 K38 (search for similar items in EconPapers)
Date: 2023
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