Right of Asylum

Right Of Asylum

Rights of asylum (sometimes called political asylum, from the Greek: ἄσυλον) is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries (as in medieval times). This right has its roots in a longstanding Western tradition—although it was already recognized by the Egyptians, the Greeks and the Hebrews—Descartes went to the Netherlands, Voltaire to England, Hobbes to France (followed by many English nobles during the English Civil War, etc.) each state offered protection to foreign persecuted persons.

Some people say that political asylum is similar, but not identical, to modern refugee law, which deals with massive influx of population, while the right of asylum concerns individuals and is usually delivered on a case-to-case basis. There is overlap between the two because each refugee may demand political asylum on an individual basis.

The Egyptians, Greeks, and Hebrews recognized a religious "right of asylum," protecting criminals (or those accused of crime) from legal action to some extent. This principle was later adopted by the established Christian church, and various rules developed to qualify for protection and just how much protection it was.

According to the Council of Orleans in 511, in the presence of Clovis I, asylum was granted to anyone who took refuge in a church, in its dependences or in the house of a bishop. This protection was given to murderers, thieves or people accused of adultery. It also concerned the fugitive slave, who would however be handed back to his owner when his owner swore on the Bible not to be cruel. This Christian right of asylum was confirmed by all following councils.