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.
Just so, does non-refoulement apply to asylum seekers?
The principle of non-refoulement does not only apply to refugees, but also applies to asylum-seekers irrespective of whether they have been formally acknowledged as refugees.
Thereof, is non-refoulement a positive obligation?
Under treaty law, non-refoulement is a twofold duty: both a positive duty which requires the State to actively ensure the asylum claimant or refugee is not being sent back to a place where his or her life or freedom is threatened (an obligation upon the State to fulfill a duty), and a negative duty which requires the …
What is non-refoulement in customary international law?
The principle of non-refoulement constitutes an essential component of asylum and international refugee protection. The essence of the principle is that a State may not oblige a person to return to a territory where he may be exposed to persecution.
What is non-refoulement?
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.
Where is the principle of non-refoulement?
The principle of non-refoulement constitutes the cornerstone of international refugee protection. It is enshrined in Article 33 of the 1951 Convention, which is also binding on States Party to the 1967 Protocol.
Who does non-refoulement apply to?
Under article 33 of the Refugee Convention, refugees cannot be sent to a place where they may be persecuted. This fundamental principle is known as non-refoulement. This principle now also applies to places where a person may suffer torture or other cruel, inhuman or degrading treatment.
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”.
Why is non-refoulement important?
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.