The Right to an Effective Remedy and the Protection of Particularly Vulnerable Persons as Asylum Seekers in Light of the Charter of Fundamental Rights

The right to an effective remedy is a fundamental element of the broader right to effective protection. The right to effective protection has in fact a twofold dimension, in that it serves to guarantee not only the protection of individuals, but also the correct application of the law. This right was included in the very first international human rights instruments and, starting from 1950, the right to effective judicial protection has also found application, at regional level, in the human rights protection system established by the European Convention on Human Rights (ECHR). At regional level, a significant milestone was the recognition of the right to effective judicial protection in the Treaty on European Union (TEU) and the adoption of Article 47 of the Charter of Fundamental Rights of European Union (EUCFR), which enshrined the right to an effective remedy. In the field of asylum, the right to an effective remedy is a corner¬stone of the protection of asylum seekers and the concept of vulnerability takes on a different meaning and dimension. On one hand, it serves to identify asylum seekers as a vul¬nerable category per se and, on the other, identifies certain groups of appli¬cants who, due to their characteristics or individual situations, are subject to disadvantage, prejudice and stereotyping. This twofold dimension of the concept of vulnerability makes it a priority to guarantee a higher level of protection for the human rights of vulnerable asylum seekers. In this respect, the case-law of the Court of Human Rights (ECtHR) and the Court of Justice of European Union (CJEU) play a fundamental the role and by interpreting and implementing the right to effective judicial protection and the concept of vulnerability, both Courts have increased and strengthened the existing protection available to vulnerable asylum seekers.