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Naghi Mahmoudi

Forced migration and immigration to foreign lands has a long history in human civilization. Seeking refuge, even among different cultures and religions, has existed in distant pasts and sometimes these cultural, religious, and racial differences have played a significant role in the process. In many ancient civilizations, there are numerous examples of creating safe places and temples for refugees.

Some historians believe that the earliest written examples of asylum date back to 3500 years ago. In the Middle Eastern civilization, the formation of countries with defined borders led to the creation of contracts for the protection of refugees and displaced persons among the ruling authorities. Most of the documents from ancient times are about the asylum of kings and famous figures. However, in the religious books of Jews and Christians, asylum is also extended to other groups of people. In recent centuries, in the modern era in Europe, asylum begins in the late seventeenth century. The escape of more than 250,000 Protestant followers from France to other European countries and North America expands the dimensions of asylum.

The victory of the French Revolution in 1789 increases the scope of asylum in Europe and adds the “political component” as a reason for seeking asylum, in addition to other factors such as national, racial, religious, and economic affiliations.

The issue of asylum is one of the most controversial topics, especially from the perspective of host countries. This issue has not gone unnoticed by human rights organizations, and for example, Amnesty International has addressed it in various reports and has mentioned asylum as one of the major challenges of the current era. By citing numerous examples, it has called on the international community to address this problem and fight against its root causes.

The difference between asylum and migration.

Although there are common elements between seeking refuge and migration, such as leaving one’s homeland and choosing to reside in a foreign land, the main difference between these two social and legal concepts is that seeking refuge is forced while migration is a choice. Therefore, those who leave their country in search of better job opportunities or living conditions cannot be considered refugees.

Asylum, as a fundamental right and human right.

The Universal Declaration of Human Rights, as a foundational document in the primary and fundamental rights of humans, emphasizes the inherent dignity and non-discrimination of individuals based on race, language, religion, color, gender, beliefs, economic status, and so on. It recognizes individuals, regardless of these inherent and acquired differences, as entitled to all the freedoms mentioned in the aforementioned declaration. One of the fundamental and human rights stated in Article 13 of this declaration is the right to freedom and the choice to leave one’s own country and return to it. The right to asylum, which mainly refers to political asylum, is provided for in Article 14 of the declaration: 1- In the event of torture, persecution, and harassment, every person has the right to seek asylum and benefit from it in other countries. According to this article, even in cases of persecution, torture, and harassment, the use of the right to asylum is not denied, and the second paragraph of the same article refers to

The Convention relating to the Status of Refugees, in paragraph C of Article 2, considers more specific conditions for refugees and asylum in comparison to the Universal Declaration of Human Rights: C- This Convention shall not apply to persons referred to in section A of this Article in the following cases:

1. A person who voluntarily puts themselves back under the protection of their own country’s rule, or

2. اگر

   If one loses their citizenship, they can reapply for it or if

3. “Obtain new citizenship and receive support from the new country of affiliation – or”

4. Voluntarily return to a country where they had previously left due to fear of torture or were living outside of it.

5. Due to the deteriorating situation that had caused him to be recognized as a refugee, he could no longer refuse to accept the support of his host government.

It is obvious that the regulations of this clause include a refugee who is subject to the regulations of clause 1, section A of this article and may present compelling reasons for refusing to accept the protection of their affiliated government, will not be subjected to previous persecution.

6. If the circumstances that caused a person to be recognized as a refugee disappear, that person can return to the country where they had permanent residence.

The concept of misuse of rights is one of the legal principles that has always been of interest to legal experts and lawmakers, even in domestic law. The late Dr. Nasser Katouzian writes about the linguistic meaning of abolishing rights: In order to regulate human relationships and maintain order in society, rights grant privileges to individuals and give them certain abilities. This privilege and ability is called “right,” and the sum of these rights is known as “individual rights.” These include the right to life, the right to property, the right to freedom of occupation, and the right to marriage, which are sometimes protected under the term “human rights.” Therefore, legal and lawful protection of a right is conditional upon the privilege that an individual has against others, and in our discussion, this includes “pursuit or harassment” due to a political belief or the commission of a political crime. Of course, in special circumstances such as the outbreak of war in a country, the endangerment of the