Asylum and refugee law

„Nobody flees voluntarily!“ (amnesty international)

The right to protection against political persecution, though guaranteed by constitution, is not only getting more difficult to claim for the person concerned because of the increasing European border control. Also enforcing the right on a case-by-case basis is getting harder due to political guidelines and legal constructs such as the so-called „flight alternative within the country of origin“.

Nevertheless, two things should be undeniable. On the one hand, there is repression of people with different opinions, ideas and believes and respective atrocities against those in many countries, such as torture, wrongful imprisonment without indictment, enforced disappearances of persons, draconian punishments due to mainly political „reasons“ and female genital mutilation – to name just some of them. On the other hand, there is absolutely no doubt that these people have to be protected and that they must not be rejected or even pushed back at the borders of Germany (or those of Europe, mainly in the Mediterranean Sea) without any examination of their reasons for fleeing their countries. Furthermore, they also must not be subjected to a distribution system (Dublin II and III) that deems the one European state responsible for the asylum claim in which a person was registrated first, regardless of any personal matters of the person concerned.