What is the Right of Asylum?
The Right of Asylum is the right of any person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. Persecution for reasons of gender, including that motivated by an individual´s sexual preference or gender identity, are also considered to be a violation of human rights recognised by this Right.
The Right of Asylum is a fundamental human right which is recognised in article 14 of the Universal Declaration on Human Rights and developed in the Geneva Convention of 1951 and the New York Protocol in 1967.
How is the right to asylum governed in Spain?
In Spain, the Regulatory Act 12/2009 of 30th October on the Right to Asylum and Subsidiary Protection, currently in force, sets out the terms which individuals from outside the European Union can avail of in Spain, namely the right to international protection which is the right of asylum and subsidiary protection.