Please use this identifier to cite or link to this item:
Title: مشروعية رفض طلبات اللجوء الإنساني تطبيقاً على قرارات دول الشنجن :دراسة مقارنة
Authors: محمد أبوبكر موسى الشيخ
Keywords: المعاهدات الدولية والإقليمية
Issue Date: 2021
Publisher: جامعة إفريقيا العالمية
Citation: جامعة إفريقيا العالمية- عمادة الدراسات العليا والبحث العلمي والنشر- كلية الشريعة والقانون- قسم القانون العام
Abstract: Conflicts and conflicts in the Middle East, Africa and other places in the world have led to mass asylum in 2015 in Mali Europe, which was called the refugee crisis in Europe, in addition to the decisions issued by the European Schengen area, a region that closed its borders to researchers and prevented them from international protectionThis was a denial of the basic rights granted to them by international agreements for researchers, and the question is what is the legality of refusing a request for humanitarian asylum to a safer area This is the reason that led to the study of the rights of refugees in international systems and Islamic jurisprudence, in a comparative study to clarify the most suitable for solving the refugee crisis and reducing their human tragedy. This study aimed to clarify the rights of refugees in international and regional conventions and Islamic jurisprudence, and shed light on the decisions of the countries of the Schengen area, towards refugees, and the extent of their compatibility with human rights charters in general, and the rights of refugees in particular, according to the principle of legality in international law and Islamic jurisprudence.Especially since all these countries are parties to these international conventions, but rather they are among the most countries in the world that pay for human rights and basic freedoms, so it is necessary to know the basic motives that called them to reject these rights, and to abide by their humanitarian and moral conditions.It should also shed light on the authority of states in making these decisions and the conditions imposed on them in exchange for the rights of the individual, and the impact of all this on refugees and its repercussions on the international community, in an era when the world has become a single block in a way that is difficult to ignore. The most important results of this study are as follows: Refusal of humanitarian asylum requests is an illegal act according to international law and Islamic jurisprudence, which may prohibit it. And that the power of states in this is not absolute in the modern era when it comes to basic human rights. The study recommends the following: Raising the level of the principle of non-refoulement of refugees, to a third protocol that cannot be reserved according to the 1951 Convention on Refugees, or the conclusion of a new binding agreement that penalizes countries that refuse to accept refugees who meet the conditions necessary for the right of humanitarian asylum..
Appears in Collections:أطروحات الماجستير

Files in This Item:
File Description SizeFormat 
Research.pdf2.81 MBAdobe PDFView/Open

Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.