Asylum rights are regularly seen as rights of high priority. - How are these rights to balance with other basic rights like inner and social security, health and wealth of the inhabitants of the respective nation? - In Germany a hot discussion is going on: On the one hand, partisants of an unlimited asylum right claim obligations till the complete exhaustion of national ressources is reached - and on the other hand, partisans of hard national interests and egotisms hold against. Both parties claim to be backed by law.
The refugee problem is relevant for many European countries , including Ukraine. In Ukraine, the issue of refugees is governed by the Constitution and special legislation. Article 26 of the Ukrainian Constitution enshrines the principle of equality of citizens and foreigners (including refugees), except as otherwise provided by the Constitution and laws of Ukraine. Such exceptions relating mainly of political rights (the right to vote, the right to hold public office, the right to be members of political parties ...) and some social and economic rights (land ownership, some social benefits ...). At the same time, refugees have the right to work, business, leisure, health protection, medical care, education, freedom of belief and religion. Law of Ukraine on refugees and persons in need of additional or temporary protection determines the procedure for acquisition and termination of refugee status. According to this law, refugees are divided into three categories: the actual refugees; the person who needs extra protection; the persons who need of temporary protection.The legal status of each group is different.
In addition, for Ukraine is an actual problem of internally displaced people (from Crimea, Donetsk and Lugansk regions). These people in Ukraine over three million. Their legal status is determined by special legislation.
Sincerely, Igor Babin
Under domestic law:
Every legislation has it owns body of rights, but in general, for México.
1.- Right to free transit and to be protected by the state (those are the aims of the interamerican corpus iuris).
2.- Right to have an official identification in order to seek assistance and to be protected.
3.- Right to have shelter in the municipalities where they are. (In most cases they are provided of food and healtcare).
4.- (Right to stay until their migration status be recognized by the national authorities or another State.
The European University, a top research university in Florence, Italy, has put together a database of laws on citizen, non-citizen and refugees law and rights. The link to this database is: http://eudo-citizenship.eu/
Since Malaysia doesn’t ratify the Refugee convention, your question will have to be addressed by making reference to domestic legal framework. Asylum seekers are categorized by immigration law as illegal immigrants and shall be processed and treated in the same category as illegal economic migrants. However, there is a section in Part II of the Federal Constitution entitled “Fundamental Liberties” which consists of nine articles, representing some of important civil and political rights as stipulated in the UDHR. They are: liberty of the person (Art.5), rights against slavery and forced labour (Art. 6), protection against retrospective criminal laws and repeated trials (Art. 7), equality (Art. 8), the prohibition of banishment and freedom of movement (Art. 9), freedom of speech, assembly and association (Art. 10), freedom of religion (Art. 11), rights in respect of education (Art. 12) and rights to property (Art. 13). Arts. 6, 7, 8, 11 and 13 apply to “all persons” while Arts. 9, 10 and 12 apply to “citizens” only. Therefore, asylum seekers in Malaysia entitled to those civil and political rights guaranteed for “all person”. However, asylum seekers have no economic and social rights in Malaysia. By practice, any assistance provided by the government in terms of food and shelters are not done on “rights” basis but humanitarian platform. NGOs / civil societies are also contributing much to this effort. In terms of public perception towards government spending State money for asylum seekers, there is no empirical study conducted to measure this as yet, based on my knowledge. Thank you.
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