Human rights of refugees

HUMAN RIGHTS OF REFUGEES

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

HUMAN RIGHTS OF REFUGEES-

Tanmoy Mukherji

Advocate

Meaning of Refugee-

A refugee is a person who is forced to flee his or her country due to:

Persecution

Armed conflict

Foreign aggression

Internal disturbances

Gross violation of human rights

Legal Definition-

Article 1(A)(2), 1951 Refugee Convention defines a refugee as a person who has a well-founded fear of persecution on grounds of:


Historical Background-

Post-World War II, millions were displaced.

UN recognized refugee protection as a human rights issue.

UNHCR was established in 1950.

1951 Refugee Convention adopted to provide legal protection.

Sources of Human Rights of Refugees-

(A) International Refugee Law

1951 Refugee Convention

1967 Refugee Protocol

(B) International Human Rights Law

UDHR, 1948

ICCPR, 1966

ICESCR, 1966

Convention Against Torture (CAT), 1984

Convention on the Rights of the Child (CRC), 1989

(C) International Humanitarian Law-

Geneva Conventions (during armed conflict)

Fundamental Human Rights of Refugees-

Right to Life and Personal Liberty-

Article 3, UDHR.

Arbitrary detention-

Includes right to live with human dignity.

Principle of Non-Refoulement (MOST IMPORTANT)

Article 33, 1951 Convention

Expulsion-

Forced return Even applies to non-signatory states as customary international law.

Right to Seek and Enjoy Asylum-

Article 14, UDHR

Protection against Discrimination-

Article 3, 1951 Convention

Freedom of Movement-

Refugees may choose their place of residence subject to law.

Right to Work and Livelihood-

Articles 17–19, 1951 Convention


Right to Education-

Article 22, 1951 Convention

Right to Health and Social Security-

Medical care and public relief.


Right to Housing and Property-

Access to housing on par with aliens.

Protection from forced eviction.

Right to Family Unity-

Families should not be separated.

Family reunification recognized as a humanitarian principle.

Right to Identity, Nationality and Travel Documents

Articles 27 & 28

Access to Justice-

Article 16, 1951 Convention


Rights of Refugee Children-

Governed by CRC, 1989

Rights of Women Refugees-

Obligations of Refugees-

Refugees and Human Rights in India-

Legal Position

India not a party to 1951 Convention.

Important Case Laws-


Role of UNHCR-

Functions:

Legal protection

Refugee status determination

Humanitarian assistance

Durable solutions:

Voluntary repatriation

Local integration

Resettlement

Contemporary Challenges-

Statelessness

Climate refugees

Mass displacement

Xenophobia

Security concerns

Refugees are not illegal migrants but victims of human rights violations. Protection of refugee rights is a legal duty, moral obligation and humanitarian necessity. Human rights of refugees are inseparable from the right to human dignity and survival.

 

Book For Consultant
×

Book A Consultation