What is the refoulement right of refugees?

What is the refoulement right of refugees?

The prohibition of refoulement under international human rights law applies to any form of removal or transfer of persons, regardless of their status, where there are substantial grounds for believing that the returnee would be at risk of irreparable harm upon return on account of torture, ill-treatment or other …

Why is non-refoulement important for refugee protection?

Today, the principle of non-refoulement ostensibly protects persons from being expelled from countries that are signatories to the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol Convention Relating to the Status of Refugees, or the 1984 Convention Against Torture.

What is the non-refoulement principle and how might it be applied in this case?

The principle of non-refoulement applies regardless of whether a person flees from a country that enjoys peace or a country involved in an armed conflict: if there are substantial grounds for believing that the individual in question would be in danger of being subjected to violations of certain fundamental rights, the …

What are the exceptions to the principle of non-refoulement?

The 1951 Convention on Article 33 (2) consecrates two exceptions to the principle of Non-Refoulement: (i) in case of threat to the national security of the host country; and (ii) in case their proven criminal nature and record constitute a danger to the community.

What is the doctrine of non-refoulement?

The principle of non-refoulement establishes that those who seek asylum may not be returned to a country in which there are reasonable grounds to believe they will be subjected to persecution.

Can non-refoulement be violated?

D. Whenever refugees – or asylum-seekers who may be refugees – are subjected, either directly or indirectly, to such measures of return, be it in the form of rejection, expulsion or otherwise, to territories where their life or freedom are threatened, the principle of non-refoulement has been violated.

What is a non-refoulement obligation?

Non-refoulement encompasses obligations not to return a person to a place where they may face torture or cruel, inhuman or degrading treatment or punishment, and not to expel a refugee to a place where their life or freedom would be threatened.

Why is the principle of non-refoulement important?

Since the purpose of the principle of non-refoulement is to ensure that refugees are protected against forcible return to situations of danger it applies both within a State’s territory and to rejection at its borders.

Can the principle of non-refoulement be legally violated?

One of the pillars of international refugee law is the principle of non-refoulement, which prohibits any State conduct “leading to the ‘return in any manner whatsoever’ to an unsafe foreign territory, including rejection at the frontier or non-admission to the territory.” In recent months, governments have violated the …

What is non-refoulement in customary international law?

upon non-party States as a rule of customary international law. It provides that ‘[N]o Con- tracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the. frontiers of territories where his life or freedom would be threatened on account of his.