Sığınmacı Mülteci Hakları nelerdir

Sığınmacı Mülteci Hakları nelerdir
Mevcut uluslararası koruma kavramı adım adım genişleyerek bugün bir dizi kurumsal ve yasal karşılıkları içermektedir. Mültecileri korumak ve onların sorunlarına kalıcı çözümler çözüm aramak, Mülteciler Yüksek Komiserliği’nin iki ana işlevidir. (Sığınmacı Mülteci Hakları nelerdir )
Uluslararası korumanın temel olarak görevi, kişilere sığınma hakkı arama süresince yardımda bulunmayı, yasal danışma ve yardım sağlamayı, mültecilerin fiziksel güvenliği için düzenlemeler yapmayı, gönüllü olarak kendi ülkelerine geri dönmeyi teşvik etme ve desteklemeyi ve yeniden yerleştirme konusunda mültecilere yardımcı olmayı kapsar (BMMYK Tüzüğü’nün 8. maddesi).
Bu nedenle, uluslararası koruma işlevi yasal bir zemine sahiptir ve uygulaması Yüksek Komiserlik için zorunludur. Bu anlamda ayrı bir hak olarak tanımlanmasa da koruma hakkı, özellikle geri göndermeme ilkesi, 1951 yılı Sözleşmesi’nde ve sözleşmenin temel hükümlerinde kesin olarak belirtilmektedir. (Sığınmacı Mülteci Hakları el kitapçığı )
Buna ek olarak, her yerde tanınmakta olan çok sayıdaki insan hakkı, doğrudan doğruya mültecilere uygulanabilir. Bunlar, yaşama hakkı, işkence ve kötü muameleden korunma, vatandaşlık hakkı, hareket özgürlüğü hakkı, ülkeyi terk etme ve ülkeye geri dönme hakkı ve zorla geri gönderilmeme hakkını içerir.
Bu haklar, vatandaş ve vatandaş olmayan herkesi kapsayacak şekilde, Uluslararası İnsan Hakları Yasası’nı oluşturan Evrensel İnsan Hakları Beyannamesi’nde, Uluslararası Siyasi ve Medeni Haklar Sözleşmesi, Uluslararası Ekonomik, Sosyal ve Kültürel Haklar Sözleşmeleri’nde onaylanmıştır.
• Hiç kimse keyfi olarak yakalanamaz, tutuklanamaz ve sürgün edilemez (Evrensel İnsan Hakları Beyannamesi, madde 9)
• Herkesin zulüm altında başka ülkelere sığınma ve sığınma olanaklarından yararlanma hakkı vardır. (Evrensel İnsan Hakları Beyannamesi, madde 14)
• Herkesin bir ülkenin yurttaşı olmaya hakkı vardır. (Evrensel İnsan Hakları Beyannamesi, madde 15)
• Herkesin bir devletin toprakları üzerinde serbestçe dolaşma ve oturma hakkı vardır. (Evrensel İnsan Hakları Beyannamesi, madde 13; Uluslararası Siyasi ve Medeni Haklar Sözleşmesi, madde 12)

Geri Göndermeme İlkesi
Mültecilerin önemli haklarının tümü, Uluslararası İnsan Hakları Yasası’nda belirli bir biçimde belirtilmez. Uluslararası korumanın temel bir unsuru, zorla geri göndermeme ya da birinin hayatı veya özgürlüğünü tehdit edecek bir durumda olacağı yere gönderilmemesi hakkıdır. Bu, 1951 Sözleşmesinin 33. maddesinde somutlaştırılan geri göndermeme ilkesidir.
Geri göndermeme ilkesi, İşkence ve Diğer Zalimane, Gayri İnsani veya Küçültücü Muamele ve Cezaya karşı Birleşmiş Milletler Sözleşmesi’nin 3. maddesinde daha detaylı olarak açıklanmıştır. Buna göre “ hiçbir Taraf Devlet, bir şahsı, işkenceye tabi tutulacağı tehlikesinde olduğuna dair esaslı sebeplerin bulunduğu kanaatini uyandıran başka devlete geri göndermeyecek, sınırdışı etmeyecek veya iade etmeyecektir”. Ek olarak, “bu gibi esaslı sebeplerin bulunup bulunmadığını tayin maksadıyla, yetkili merciler, sözkonusu devlette mümkün olduğu kadar sistemli biçimde yaygın, açık seçik ve kütlevi insan hakları ihlalleri bulunup bulunmadığı dahil tüm ilgili hususları göz önünde tutacaktır”.

Sığınmacı Mülteci Hakları nelerdir, Sığınmacı Mülteci Hakları, Sığınmacı hakları, Mülteci hakları, Türkiyede sığınmacı hakkı, sığınmacı nasıl oturum alabilir, Sığınmacı Mülteci Hakları el kitapçığı, Sığınmacı Mülteci Hakları nelerdir,


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