Human rights and refugees pdf
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- The International Law of Refugee Protection
- ISIL Year Book of International Humanitarian and Refugee Law
- Asylum & the Rights of Refugees
This chapter examines the international law of refugee protection, focusing on the legal tools, treaties, and national laws which prescribe or implement the obligations of states to refugees, as well as the core protection functions and responsibilities of the Office of the United Nations High Commissioner for Refugees UNHCR. It first considers the definition of refugee, persecution, and the reasons for persecution as spelled out in the Convention relating to the Status of Refugees. Finally, it looks at the refugee problem in the context of human rights.
The International Law of Refugee Protection
This paper is reproduced with the permission of K. Mahoney and P. Mahoney eds. This paper proceeds from the view that refugee law is fundamentally a means of reconciling the national self-interest of powerful states to the inevitability of involuntary migration. As industrialized states have become increasingly dissatisfied with the attentiveness of the Convention-based refugee law system to their exclusionary objectives, the reform of refugee law has been placed on the international agenda in a variety of fora. The paper suggests that it may be possible to re-orient the reform movement towards an alignment of refugee law with international human rights law. This requires that the current regime be re-focused on the restoration of the refugee's right to community membership, and that a binding system of inter-state obligation be enacted to ensure temporary asylum.
States have been granting protection to individuals and groups fleeing persecution for centuries; however, the modern refugee regime is largely the product of the second half of the twentieth century. Like international human rights law, modern refugee law has its origins in the aftermath of World War II as well as the refugee crises of the interwar years that preceded it. Article 14 1 of the Universal Declaration of Human Rights UDHR , which was adopted in , guarantees the right to seek and enjoy asylum in other countries. The controlling international convention on refugee law is the Convention relating to the Status of Refugees Convention and its Optional Protocol relating to the Status of Refugees Optional Protocol. The Convention establishes the definition of a refugee as well as the principle of non-refoulement and the rights afforded to those granted refugee status.
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ISIL Year Book of International Humanitarian and Refugee Law
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Human Rights are universal, and civil, political, economic, social and cultural rights belong to all human beings, including refugees and internally displaced people. Refugees also enjoy certain human rights specifically linked to their particularly vulnerable status, including the right to seek asylum, to freedom from forcible return, to freedom of movement, to a nationality, and to receive protection and assistance in securing their basic economic, social and cultural rights. The Human Rights at Issue The Human Rights of Refugees include the following indivisible, interdependent and interrelated human rights: The human right to seek and enjoy asylum from persecution. The human right not to be forcibly returned to the country he or she is fleeing if such a return would pose a threat to the life, security, or freedom of the refugee. The human right to freedom of movement, freedom to choose his or her residence, freedom to leave any country, including his or her own, and to return to his or her country. The human right to freedom from discrimination based on race, colour, gender, language, religion, nationality, ethnicity, or any other status.
Colin Harvey, Time for Reform? The aim of this article is to explore the protection that international human rights law offers to refugees, asylum-seekers, and the forcibly displaced. The ambition of the global rights framework is to guarantee a defined range of rights to all human beings, and thus move the basis for normative entitlement from exclusive reliance on national membership to a common humanity. This comprehensive and international perspective remains formally tied to States — acting individually or collectively — in terms of creation and implementation. The norms must find an entry point into the empirical world, and there must be clarity on responsibilities for practical delivery. It should remain unsurprising that the expectations raised by the normative reach of the law are frequently dashed in the complex and difficult human world of instrumental politics, power, and conflict.
PDF | Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human | Find.
Asylum & the Rights of Refugees
Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law. The discussion forms part of a larger debate on the fragmentation of international law. The proponents of the latter conception view this holistic regime as including norms only applicable to certain situations such as armed conflict and military occupation IHL or to certain groups of people including refugees refugee law , children the Convention on the Rights of the Child , and prisoners of war the Geneva Convention III.
Safeguarding human rights in countries of origin is therefore critical both for the prevention and for the solution of refugee problems. As many as 50 million refugees have been resettled or repatriated since the end of World War II, but nearly an equal number of uprooted people are struggling hard to regain their basic human rights. There is thus greater need for according international protection and assistance to these persons than in the case of people living in their home states. Refugees by definition are victims of human rights violations. The Annexe to the Statute of the Office of the United Nations High Commissioner for Refugees ,  extends the competence of the High Commissioner for the protection of refugees defined in Article 6 a 1 in terms similar to Article 1 a 2 of the Refugee Convention.