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European Observer on fundamental right's respect

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Other Decisions Judgment (29/11/2007)

Authority: Federal Court of Toronto (Canada)

Date: 11/29/2007

Subject: In the decision concerning a claim lodged by some organizations for the protection of refugee’s rights, the judge criticized, for arbitrariness and violation of the constitutional principle of equality, the Canadian governmental regulation that qualifies the U.S.A. as “reliable third State” for the application of the norms that provide the refusal of the claims for the attribution of the status of refugees to those who come from a State considered reliable. In particular, according to the judge the American norms concerning immigration and the protection of refugees do not respect the requirements established by the Canadian Parliament for the attribution of the qualification of reliable State, since it is not in accordance with the norms provided by the Convention for the protection of refugees and in the Convention against torture.

Original language: English

Classification: Dignity - Art. 4 Torture - Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments

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