Migration processes span the entire planet; all states in the world community are involved in them. The problems of refugees have been resolved at the international level for many years; in addition, an active policy is being carried out within the framework of each individual state. Note that the concept of "internally displaced person" is valid only on the territory of Russia, this is not the case in international law. Let us examine in more detail the legal status of refugees and internally displaced persons.
What is legal status?
In a general sense, legal status means a complex of rights, freedoms and interests of a person, citizen or representative of any social group. In addition, the second block of status is the duties and requirements that the state puts forward in relation to a person. It is this institution that indicates the place and position of a person in society, his belonging to a certain group. There are many sectoral statuses, but the most important and fundamental is constitutional law.
Fundamentals of the legal status of migrants
The legal framework for refugee and IDP status is divided into international and federal. As the name implies, this division is carried out on the basis of the mechanism of action of acts and regulations.
Among the acts of the first group is the Convention relating to the Status of Refugees, which was concluded as far back as 1951. This suggests that the problem of migrants was relevant at that time, and after almost 70 years, the document remains relevant and in demand. It was he who laid down the basic concepts and principles of the work of states in this area. In 1967, the Protocol to the Convention was drafted, which was amended and supplemented to the main document. From that moment, many more documents were developed that were devoted to local problems relating to certain categories of people.
On the territory of Russia, the legal status of refugees and internally displaced persons is regulated by the laws "On Refugees", "On Internally Displaced Persons" "On Citizenship", as well as government decrees and local documents of the President and many others. It is they who regulate the totality of rights and obligations that are assigned to foreigners of migrants. In addition, we draw attention to the fact that a new group has also been singled out - internally displaced persons.
Characteristics of the Convention and Protocol
The Convention and its Protocol are universal treaties that establish the legal status of those who need protection. These documents have secured the right of persons at risk of not returning to the territory of the state from which this danger is emanating.
In addition, for the states that have signed these documents, the requirements that they must comply with in relation to migrants are defined. Due to the fact that the problem of migrants has always existed and especially worsened in the post-war periods, or in connection with the political struggle for power in any country, various international organizations were created to protect the rights of migrants. So, for example, the International Labor Organization (hereinafter - the ILO), which is based on the promotion of the principles of justice, human rights and labor rights. This organization has prepared ILO Convention No. 143 on abuses in the field of migration and on ensuring equal opportunities and treatment for migrant workers.
Why do people flee from their homes?
A full analysis of the legal status will allow the establishment of the reasons why people flee from their homes and move to other states.
- According to research by analysts, in 8 out of 10 cases, this is war and the use of violence against civilians. People report facts of abuse. Military operations are observed on the territory of states, and civilians simply cannot live in such conditions.
- High unemployment and recession. People simply have nowhere to work and nothing to live for, they are poor and cannot afford to feed their children and themselves.
- Persecution of people based on the principles of racism and nationalism. Often, due to skin color, eye shape, or other external signs, people simply cannot survive in the state, and are forced to leave it.
- The desire to travel and explore the world is also the reason for the appearance of migrants, but this percentage is small, there are not many people with such motives.
Now, having learned the reasons, the legal status of refugees and internally displaced persons will be easier for us to establish. After all, it should include the whole spectrum of those rights that were limited in the homeland. The main goal of the host country is to create all conditions for a comfortable and fulfilling life.
Constitutional legal status
It is the core and foundation for any other migrant status. First of all, its foundation is the Constitution of the Russian Federation, Article 2 of which declares the main value of the state of human rights and freedom. It consists of two parts, these are the rights, duties of a citizen of the Russian Federation, as well as the legal status of an individual, regardless of whether she is a citizen of the Russian Federation.
We are interested in the second group of rights, which includes freedoms that belong to every person from birth, you can’t select them in any case, and you can restrict them only if it is strictly specified in the law or international act. It is not difficult to give examples of such rights. This is the right to life, freedom in all respects - in word, movement, actions. You can not take away the right to choose, inviolability of personal life, freedom of conscience. In addition, the constitutional legal status of refugees and internally displaced persons includes the right to asylum, which our state undertakes to provide.
The right to asylum as an essential right of migrants
The right of asylum is a very important right rooted in antiquity, the implementation of which is now only partially possible. To solve this problem, states are making attempts to overcome the migration crisis, possibly due to a smaller flow of migrants, the process of realizing asylum rights will be faster and more efficient. First of all, each state should listen to the decisions of the ECHR and not ignore foreign states.
The right of asylum is, first of all, the legally fixed opportunity for a person to obtain a residence permit in the state that provides asylum. First of all, the reason for the urgent need for asylum arises from the persecution of a person for political, religious and other reasons. Shelter is a protection emanating from a certain state in relation to a certain person. Article 63 of the Constitution of Russia undertakes to provide asylum to all who need it, because this is an important part of guaranteeing the legal status of refugees and internally displaced persons.
International status as an integral part of constitutional
As noted above, the main document at the international level regulating the situation of migrants is the Convention; it was it that laid the foundation for the active development of policies in this area. First of all, the international legal status of refugees and internally displaced persons includes social security of people and the provision of government assistance from the authorities. The basic rights in this status include the right to property, the creation and promotion of copyright products and achievements. In addition, migrants have the full right to apply to the internal court of the state in which they are located, to engage in business and work.
The only dominant duty that foreigners must strictly observe is to comply with the laws and regulations of the state in which they arrived. As we can see, international standards generally outline the basic principles of state activity and determine the legal status of foreigners, refugees and internally displaced persons. Thanks to this, the guidelines for the formation and development of both international and federal migration policies are outlined.
International migration policy
Migration policy in Europe is changing every day, every European state comes up with its own initiatives to stabilize the situation with migrants. Refugees continue to arrive in large numbers in Europe and, obviously, the migration policies of European countries are in crisis and differences between the EU member states in understanding this process only lead to a worsening of the refugee situation. European states need to solve not only the problem of migrants, but also help to resolve the political and economic problems of those countries where the refugees came from. If the migration flow to Europe is not stopped, then European states are threatened by terrorist acts, increased crime, riots and possible political transformations.
Administrative Legal Status
This type of status includes all human rights, interests, duties and freedoms associated with governance, both at the level of the whole state and at the level of the municipal district. The administrative and legal status of refugees and internally displaced persons, unlike other types, illustrates the administrative area and shows what opportunities a foreigner has in relations with the state hosting him.
The status is the most complex in its structure relative to others, as well as new and modernized. It includes the rights and interests of the individual, which are governed by constitutional status, the rights and obligations of a citizen of the Russian Federation, benefits and additional privileges to those categories that need protection.
Benefits as part of administrative status
As a rule, benefits relate to the category of people who need help and protection. For example, a vivid example is the provision of asylum, which is not only part of the constitutional, but also the administrative and legal status of refugees and internally displaced persons. As privileges for young people, the right to enter the university out of competition on a free basis is granted. Full medical support and the right to use the services of doctors of various specialties are also provided. In addition to all this, the legal status of refugees and internally displaced persons includes comprehensive protection by the state and assistance if it is needed. Benefits and privileges make foreign citizens close to the citizens of the state in which they first arrived.
Conclusion
In conclusion, it should be noted that migrants in any of their categories over the past century are an unprotected recognized category. Thanks to the developed and clear mechanism for regulating this issue, people can easily move from country to country, knowing that they will be protected. That is why the heads of state are leading joint conferences and meetings, thanks to which work directions and policies are developed. We have tried for you to disclose as clearly and briefly as possible the legal status of refugees and internally displaced persons, identifying its various aspects and parties, as well as identifying some industry issues.