State obligations towards asylum seekers in terms of article 3 of the European Convention on Human Rights

Abstract

The number of migrants arriving within the European Union has never been as high as today, and 2015 was the apex year of migrant arrival. Moreover, of the arriving migrants, irregular migrants have the highest number, giving rise to an exploding rate of asylum applications and asylum-seekers. For this reason, this paper aim to explore what treatment in dealing with asylum-seekers engages State obligations under Article 3 of the European Convention. As the European Convention is a living instrument which has evolved and adapted through time, the paper aims to investigate the European Court of Human Rights' stand on the character, principles and evolutive doctrine of prohibition of torture and degrading and inhumane treatment (Article 3). State obligations were identified, i.e., procedural guarantee, protection against arbitrary detention and most importantly, obligations protecting against degrading treatments. Then implications regarding the identified obligations were conferred. Conclusively, recommendations on legislation to safeguard asylum-seekers rights and policies for societal integration were suggested.