The Right of Asylum Viewed from the Constitutional and International Viewpoints

Nuhi Osmani, Petrit Nimani, Artan Maloku


This paper aims to address the forms of displacement/departure of the population that leaves its country of origin as a result of the violent circumstances created in the place of displacement or the place of escape. As well, this paper aims to deal with the provision of protection for people who flee in search of shelter and to study international obligations of the states based on the international norms including their laws. The purpose of this study is to consider treatment of refugees who leave their country of origin due to violence, war or any humanitarian reason. The main issues addressed in this study are causes of displacement, treatment of refugees according to the international law and their definition, international laws for refugees, and responsibilities of states regarding displacement and migration. During the research, we used several methods without which the research would not have been possible: the method of theoretical analysis, method of comparison, and quantitative method. This study identified the causes or triggers that lead to immigration, including violence and human rights abuses that are increasingly intertwined with ethnic and religious hostilities. Security, effects from international terrorism and the lack of border control can be the main causes. This study is applicable in the field of international relations, particularly to researchers who deal with global crises related to migration issues. Also, this study can be applied to categories that deal with refugees and people who deal with the issue of asylum at different levels. Furthermore, this study can also be used by representatives of civil society, workers of international organizations such as UNHCR, representatives of international organizations that protect the rights of refugees and persons seeking international protection. The novelty in this study is the treatment of the complex nature of migration and identification of the factors that lead to massive displacement, crisis management, states’ care and obligations in providing international protection to refugees, respecting international conventions and agreements, and the internal legislation of states where this movement of refugees can occur.


Keywords: the right of asylum, constitutional and international norms of migration, displaced persons, refugees.



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