Concept of an Asylum

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The word Asylum has been derived from Asylon which means inviolable place. It means giving protection and immunity by a state to an individual from their own country’s persecution.  Article 14 (1) of the UDHR (Universal Declaration of Human Rights) states that each and every person has the right of seeking and enjoying asylum from persecution in other countries.

Asylum means the refuge granted to a person when extradition is requested by a foreign government or who is fleeing persecution in their home state. shelter or protection provided by the State to a refugee from another State by admitting him on request. Asylum can only be granted by the state to a refugee when the state exercises sovereign control over the refugee.

In traditional times, asylum was an indicator of a place of refuge or protection from which a person could not be violently removed without a culpable act. Later on, it came to mean an institution for the protection or relief of a certain category of destitute or otherwise unhappy people.

Types of Asylum

Territorial Asylum

It is an asylum granted within the territorial limits of its own state. It is not given in the commission of crimes against humanity, war crimes, crimes against peace. The granting of territorial asylum is at the discretion of the state. On December 14, 1967, the General Assembly adopted the Declaration of Territorial Asylum by passing a resolution. The declaration consists of a preamble and four articles dealing with the principles concerning the grant or rejection of an asylum. It is normally used for the protection of those accused of political offenses such as desertion, treason or sedation.

Extra Territorial Asylum

It is an asylum granted when the State offers protection outside the territorial limits of its own State. It describes the cases in which a State refuses to surrender a person under formal notice who is not in its own territory but is on one of its public ships in overseas territorial waters or in its political premises in a foreign territory, such as in embassies located in different foreign countries. countries, warships, consulates or international headquarters. It is not normally provided but in cases where there is a serious threat of danger of immunity to the life of a person abroad. It is also known as diplomatic asylum.