The right of asylum in international law

The right to asylum is an institution to protect fundamental human rights. For this reason, with the adoption of the view that the individual can be the subject of international law and the development of international law understanding, some theories have been put forward in the doctrine about the necessity of granting asylum to individuals. Considering the historical and theoretical roots of asylum, it is seen that the right of asylum recognized by the state authorities and that the individual benefits from the right. However, there are important discussions in the doctrine regarding the legal nature of the right of asylum. Is the right of asylum just another authority arising from the sovereign power of the state or is it an individual right to which states are obliged to recognize under certain conditions? There is no doubt that states have a mandate to grant asylum to individuals. Because authority is a result of the sovereign power of the states. However, it cannot be said that this is the only scope of the right to asylum. The beneficiaries of the right to asylum are individuals, and the right to asylum and the values desired to be protected are related to fundamental human rights. Violation of the right to asylum means violation of human rights. In this context, even though there are contrary opinions and practices, the individual character of the right to asylum must be revealed. Regarding the right of asylum, it is observed that there are disagreements between the practices of states and the scope of the contracts concluded and the national and international judicial decisions. While judicial institutions try to reveal the humanitarian dimension of the right to asylum; states generally try to avoid the obligations stem from the right of asylum. Therefore, it is extremely important in terms of international law to reveal the legal nature of the right of asylum and its connection with human rights, taking into account the relevant conflicted situations.