Judicial Protection of Cultural Identity in Matters Related to Asylum and Migration
DOI:
https://doi.org/10.65263/6bczf621Keywords:
Keywords: cultural identity, rights of refugees and migrants, cultural justice, judicial justice .Abstract
This research addresses the issue of protecting cultural identity in asylum and migration cases as a fundamental human right linked to individual dignity and privacy. It seeks to clarify the role that both national and international judiciaries can play in ensuring respect for this right during disputes involving refugees and migrants. The study also explores the ongoing challenge between security requirements on the one hand and the need to respect cultural diversity on the other, emphasizing the importance of adopting a human-centered judicial approach that balances these two dimensions and reinforces the principle of cultural justice. Moreover, the research discusses several issues related to legislative shortcomings, difficulties in proving claims, and challenges in enforcing judicial decisions concerning the protection of refugees’ and migrants’ rights, while proposing legislative and judicial measures that contribute to preserving cultural identity.
References
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Supreme Judicial Council – Iraq
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1. Convention Relating to the Status of Refugees, 1951, United Nations, Geneva, 1951.
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3. Universal Declaration of Human Rights, United Nations, Paris, 1948.
Fifth – Foreign Sources
1. European Court of Human Rights, Chapman v. the United Kingdom [GC], Application No. 27238/95, Judgment, 18 January 2001.
2. Lambert, Hélène (Ed.), International Refugee Law, 1st ed., Routledge, London and New York, 2010.
3. Julie Krämer & Heide Ullrich-Kramer, “Global and Regional Courts for Migrants and Refugees: Mapping the Landscape of Judicial Protection,” in Non-State Actors in International Refugee Law, edited by Thomas J. Gammeltoft-Hansen & Niels Hvass, Brill, 2023, pp. 76–103.
4. Riley, Chelsea Lorraine, The Culture Gap: The Role of Culture in Successful Refugee Settlement, 2020, pp. 6–7.
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