The interpretation of the European Court of Human Rights on the right to freedom and its role in Determining the concept of the Best Interests of the Child in the Asylum Procedures

Document Type : Research Paper

Authors

1 Law Faculty, Shahid Beheshti University, Tehran, Iran

2 law faculty, Shahid beheshti university

10.22099/jls.2024.48667.5036

Abstract

Considering the large influx of asylum seekers to the European Union in recent years and bearing in mind that the best interests of the child should be considered as a primary consideration in all actions regarding the rights to freedom, especially concerning asylum procedures, the jurisprudence of the European Court of Human Rights is considered very important in explaining the concept of the best interests of the child in these procedures. However, the question raised here is how the court has interpreted and explained the concept of the best interests of the child regarding the rights to freedom in asylum procedures? It seems that the Court has interpreted Article 5 of the European Convention on Human Rights with regard to the exceptions mentioned in these articles. In this regard, in the interpretation of Article 5 of the Convention, which is related to the right to freedom, the Court has considered the exception of government security as another consideration; however, from the court's point of view, if deprivation of the right to freedom as a last resort can be under the principle of the best interests of the child, then this detention must be legal and the conditions of detention should be suitable for the child.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 13 February 2024

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