The paper discusses recent case law concerning effective remedies in refugee status procedures in Belgium, focusing on the S.J. case and the decision of the Belgian Constitutional Court in January 2014. It will be shown that effective remedies represent not only a procedural right but also a substantive opportunity, a ’basic capability’ for migrants to obtain basic capabilities such as life, bodily integrity, and physical and mental health.
The paper has been accepted for publication in the journal Human Rights & International Legal Discourse.
