What Is International Refugee Law

Human rights are the rights guaranteed to a person by birth. Here are the universal human rights that are most relevant to refugees:[37] The movement of persons between States, whether refugees or „migrants“, takes place in a context where sovereignty remains important, particularly in the aspect of sovereign jurisdiction, which allows the State to exercise and decide prima facie exclusive jurisdiction over its territory, who of non-citizens is allowed to enter and stay. and those who are refused admission and who are asked or forced to leave the country. Like any sovereign power, this power must be exercised within the framework and in accordance with the law, and the right of the State to control the reception of non-citizens is subject to certain clearly defined exceptions, including in favour of those seeking refuge. In addition, a State wishing to exercise migration controls outside its territory, for example through physical interception, „prohibition“ and return of asylum seekers and forced migrants, may also be held responsible for acts that violate those of its international obligations that apply extraterritorially (Goodwin-Gill 2011; Moreno Lax 2011, 2012).1 Which countries of asylum currently host the most refugees? „Human rights law offers a promising starting point for understanding refugee law. Refugee law could be seen as a subsidiary system of human rights protection. The theory is that although international law in the International Bill of Rights provides for the protection of an individual, the international human rights system is notoriously ineffective in many respects. The purpose of refugee law could be to serve as a relief system. Persons whose human rights cannot be guaranteed in their country of origin enjoy protection abroad, which is granted by refugee law. It can therefore be argued that refugee law should enter into force only on condition that a human rights violation has occurred. Thus, when the 1951 Convention relating to the Status of Refugees speaks of persecution, it essentially means a violation of human rights. (Nathwani, N. (2004).

The purpose of refugee law. Canadian Publishing, 29-32.) There are a variety of definitions of who is considered a refugee, usually defined for the purposes of a particular instrument. The variation in refugee definitions has made it difficult to create a concrete and unified vision of what constitutes a refugee under the original Convention on the Status of Refugees. Article 1 of the 1951 Convention relating to the Status of Refugees, as amended by the 1967 Protocol, defines a refugee as follows: the Convention not only indicates who is a refugee, but also determines when refugee status ends (Article 1 C; for example, in the event of voluntary return, acquisition of a new effective nationality or change of circumstances in the country of origin). For political reasons, the Convention also places Palestinian refugees outside its scope (at least as long as they continue to enjoy the protection or support of other United Nations agencies; article 1d); and it excludes those who are treated as nationals in their country of asylum (Article 1 E). Finally, the definition of the Convention categorically excludes from the benefit of refugee status any person who has substantial grounds for believing that he has committed a war crime, a serious non-political offence or that he has committed acts contrary to the purposes and principles of the United Nations prior to his admission (Article 1F). The 1951 Convention therefore contained sufficient clauses from the outset to ensure that serious criminals and terrorists did not enjoy international protection. The 1951 Convention is today sometimes portrayed as a relic of the Cold War, inadequate in the face of „new“ refugees from ethnic violence and gender-based persecution (p. 45), insensitive to security concerns, in particular terrorism and organized crime, and even superfluous, since protection is now essentially due to all under international human rights law. The word refoulement is derived from the French refouler, which means to retract or repel. The idea that a State should not return persons to other States in certain circumstances was first mentioned in article 3 of the 1933 Convention relating to the International Status of Refugees.

It has generally not been ratified, but a new era has begun with (p. .