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Refugee Protection under International Human Rights Law: From Non-Refoulement to Residence and Citizenship

Lookup NU author(s): Dr Maria-Teresa Gil-Bazo

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This is the authors' accepted manuscript of an article that has been published in its final definitive form by Oxford University Press, 2015.

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Abstract

This paper examines the contribution of IHRMBs to refugee protection. It first considers the well established position that the principle of non-refoulement is enshrined in International Human Rights Law and examines its absolute nature. It then examines some of the recent jurisprudence by IHRMBs where the risk of prohibited treatment arises on account of one of the Refugee Convention grounds for refugee status (namely, race, religion, nationality, membership of a particular social group or political opinion) and identifies the questions that arise from such findings. Last, it examines the jurisprudence of IHRMBs which moves beyond a finding of non-refoulement to discuss matters of status and in particular of security of residence. The paper argues that IHRMBs have been instrumental in refugee protection by interpreting International Human Rights Law in an inclusive manner, ultimately contributing to the acceptance by States and UNHCR that protection of the broad categories of refugees covered by International Human Rights Law constitutes a legal obligation (and not merely a discretional decision) of States under International Law, an understanding that has led to the adoption of specific complementary instruments at regional level and the promotion of complementary forms of protection by UNHCR.


Publication metadata

Author(s): Gil-Bazo M-T

Publication type: Article

Publication status: Published

Journal: Refugee Survey Quarterly

Year: 2015

Volume: 34

Issue: 1

Pages: 11-42

Online publication date: 05/01/2015

Acceptance date: 29/11/2014

Date deposited: 02/12/2014

ISSN (print): 1020-4067

ISSN (electronic): 1471-695X

Publisher: Oxford University Press

URL: http://dx.doi.org/10.1093/rsq/hdu021

DOI: 10.1093/rsq/hdu021


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