Revista Temas de Derecho Constitucional

238 Revista Temas de Derecho Constitucional illegal asylum seeker. Seeking asylum is not against the law. On the contrary, it is a legal entitlement bestowed upon us all. ASYLUM SEEKING IN THE UK It is important to place the developments of the right to asylum in the UK within its wider historical context: At the time of drafting Article 14 of the Universal Declaration of Human Rights (UDHR), which is the founding block of the Convention, the UK representative expressed the country’s reservation to the draft by stressing the “right of a state to prevent foreigners from crossing its borders” 16 . Later on, the Third Session of the Human Rights Commission accepted a draft guaranteeing the right to seek and be granted asylum from persecution. The UK however objected to the formulation proposing the substitution to the terms ‘to seek and to be granted’ asylum,for the terms ‘to seek and to be enjoy’, in what was an early sign of things to come. On the basis of these agreed new terms, the UK was one of the early signatories to the Convention, on 28 July 1951 17 . Signing and ratifying the Convention did not have the effect of turning its provisions into the UK’s domestic law. That is because Britain subscribes to the ‘dualist’ tradition of international law: For an international instrument such as a multilateral convention to be part of the internal legal system of the UK, it has to be incorporated by an Act of Parliament. Otherwise, other than marking a diplomatic or political intention, said instrument lacks enforceability by the courts. Not having been incorporated by an Act of Parliament, the Convention has no direct effect in the UK. The legislative framework which regulates the right to asylum ought to be found elsewhere. THE LEGISLATIVE FRAMEWORK Migration within the European Union (‘The EU’) is regulated under EU law, which facilitates the free movement of goods, services, capital and people between member states, thus creating a single market. There are 28 current members of the EU, including the UK 18 . Members must abide by the terms of the Charter of Fundamental Rights of the European Union (‘the EU Charter’) 19 , which guarantees every European citizen’s fundamental rights without discrimination. The movement of people between the UK and the rest of the single market is regulated in the UK by the Immigration (European Economic Area) Regulations 2016. Membership of the EU is predicated upon the recognition and respect of the rights, freedoms and the principles set out in the Charter. It is presumed that a citizen of a Member State will not be unlawfully persecuted by the 16 Kjœrum, M. (1999). Article 14. In: The Universal Declaration of Human Rights. Alfredsson, G., & Eide, A. The Hague: Martinus Nijhoff Publishers (pp. 282, 283) 17 The Convention was ratified by the UK on 11 March, 1954. 18 The European Communities Act 1972 received Royal Assent on 17 October 1972. It came into force on 1 January 1973. 19 (2000/C 364/01)