Excursus histórico y cuadro normativo actual: derecho de asilo y status de refugiado

Abstract

The migratory issues need to be deepened, not only from the human point of view, but also with regard to legal discipline. Asylum, a term of Greek origin ἄσυλον (ἱερόν), literally means without capture; in the Latin terminology asylum indicates a temple where there is no right of capture and is strictly bound to the Institute of Hospitality, defined by the Romans Hospitium Publicum (one of the first forms of public hospitality). Asylum and refugee status represent, therefore, two institutions that go back to the Greco-Roman age and that will be deepened juridically from the origins and their practical applications. The different interpretations regarding the discipline that have been developed in modern and contemporary history will be analyzed later, and in addition, it will be observed how these have finally been reinterpreted since the First and the Second World Conflicts and moreover since the Universal Declaration of Human Rights of 1948.

Keywords

• migration
• asylum
• refugee
• hospitality
• universal declaration of human rights of 1948
• geneva convention on refugees of 1951