‘The Right to have Rights’: the European Convention on Human Rights and the Procedural Rights of Asylum Seekers

The Council was part of a European movement after the Second World War to secure peace and prevent recurrence of the war&s;s atrocities. More recently, the Council of Europe Parliamentary Assembly resolution 1821 on the interception and rescue at sea of asylum seekers, refugees and irregular migrants called on member states to &s;guarantee access to protection and assistance, including to asylum procedures&s;. Similarly to refugee law, while it is for the applicant to substantiate their claim, the government has an obligation to ensure protection of human rights. Although refugees are not mentioned in the Convention, their situation as people seeking protection from persecution comes within the spirit of both the intention behind Article 1 and its development. The open-textured nature of the rights in the Convention, simply worded and based on principle rather than detail, gives flexibility to meet its role as a &s;living instrument&s;.