Under international human rights law, the principle of non-refoulement guarantees that no one should be re- turned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm.
In respect to this, is non-refoulement a human right?
UNHCR is of the view that the prohibition of refoulement of refugees, as enshrined in Article 33 of the 1951 Convention and complemented by non-refoulement obligations under international human rights law, satisfies these criteria and constitutes a rule of customary international law.
Likewise, is the Refugee Convention legally binding?
The Refugee Convention was adopted at a United Nations conference on 28 July 1951 and became legally binding on 22 April 1954. It was originally designed to respond to the needs of European refugees in the years following World War II.
What are the complementary non-refoulement obligations in international human rights law?
The obligation of non-refoulement under the CAT is contained in Article 3 which provides that: (1) No State Party shall expel, return (‘refoule’) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
What does a refugee?
“someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.”
What does the non-refoulement principle mean quizlet?
Non-refoulement is a non-derogable right when refoulement would mean the person would face a real risk of violations of the right to life or the right to be free of torture. This right would apply in all circumstances, including in the context of measures to combat terrorism and during times of armed conflict.
What is non-refoulement?
: a principle of international law providing a refugee or asylum seeker with the right to freedom from expulsion from a territory in which he or she seeks refuge or from forcible return to a country or territory where he or she faces threats to life or freedom because of race, religion, nationality, membership in a …
What is the pertinent rule of international law relating to asylum?
Article 14(1) of the Universal Declaration of Human Rights (UDHR), which was adopted in 1948, guarantees the right to seek and enjoy asylum in other countries.
What is the right of non-refoulement?
The principle of non-refoulement has been the milestone in international protection of refugees which provides the prohibition of expulsion or return of a refugee to any country where he or she might be tortured or face persecution or other ill-treatment (Gorlick, 2000: 8).
Who is protected by the principle of non-refoulement?
Non-refoulement (/rəˈfuːlmɒ̃/) is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on “race, religion, nationality, membership of a particular social group or political opinion”.