3.1 Concept and Rights of Asylum

The concept: asylum = the state's protection granted to the fleeing foreigner — the refuge's reception (the territory's shelter, the legal status's grant). The legal character (the classic debate): the right to grant (the state's sovereignty — the asylum as the territorial competence's exercise) vs the right to receive (the individual's claim — the weaker face: no general right-to- asylum in international law; the UDHR Article 14's "right to seek and enjoy" — the seek's right, not the state's duty to grant). The rights of asylum (the asylee's package): the non-refoulement's protection (Unit 3.4); the residence's permission; the 1951 rights' ladder (the treatment standards — Unit 4's world); the documentation (the identity papers); the work-and-welfare faces (the progressive attachment); the family's unity.