Horvath v Secretary of State for the Home Department
[2001] 1 AC 489
판결 이유
The test for sufficiency of protection in asylum cases is whether the state provides a reasonable level of protection — not a guarantee of safety. A functioning system of criminal law and a willingness to enforce it is sufficient.
사실관계
A Roma from Slovakia claimed asylum arguing inadequate state protection from racially motivated attacks. The Home Secretary refused, finding Slovakia provided sufficient protection.
판결 요약
The House of Lords held that sufficiency of protection means a reasonable level of protection, not elimination of all risk. A state with a functioning legal system making genuine efforts to protect is sufficient.
주요 인용문
"The protection must be sufficient, not absolute. A system of criminal law which makes attacks punishable and which is backed by a reasonable willingness to enforce it is sufficient."
— Lord Hope
후속 처리
Definitive authority on sufficiency of state protection in refugee law.