Professional Documents
Culture Documents
JD-II
Medical Refugee International Law
Background and Introduction
Asylum is a form of protection given by a state to an individual who has applied and qualified for recognition as a refugee.
International Law provides guidelines on how individuals may apply for asylum, usually due to persecution within their
original state. With the current widespread outbreak of contagious and life threatening diseases, this paper would like to ask
the question: should life threatening diseases be considered to qualify for asylum in International Law?
Among the key customs to be addressed is the concept of Non-refoulement which states:
No Contracting 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 race, religion,
nationality, membership of a particular social group or political opinion.
Hypothesis/Proposal
In light of the spirit that asylum and refugee status are meant to protect persons from dangers to life,
International Law on refugee and asylum should now address the concern of medical crisis.
Though the criteria for refugees has been social/political threats in the past, with the modern times we
must seriously consider that to return a refugee to territories where serious deadly illnesses are prevalent
would be similar to a death sentence under International Law.
The problem lies between balancing the interest of the state in protecting its own citizens from possible contagious
diseases, and the rights of individuals to be protected from life threatening diseases. If a person can be
shown to be free from the disease, should he not be granted asylum or refugee stats under International Law
as well?
http://www.ijrcenter.org/refugee-law/
from http://www.geneva-academy.ch/RULAC/international_refugee_law.php
Rule of Law in Armed Conflicts Project
International refugee law
International refugee law is a set of rules and procedures that aims to protect, first, persons seeking
asylum from persecution, and second those recognized as refugees under the relevant instruments. Its
legal framework provides a distinct set of guarantees for these specific groups of persons, although,
inevitably, this legal protection overlaps to a certain extent with international human rights law as well
as the legal regime applicable to armed conflicts under international humanitarian law.
The main sources of refugee law are treaty law, notably the 1951 Convention relating to the status of
refugees (1951 Refugee Convention ) and its 1967 Protocol , and customary international law.
Customary international law applies to all states irrespective of whether they are a party to relevant
treaties or not. Regional instruments represent a further set of protections, particularly the 1969
Organization of African Unity Convention (for Africa) and, although it is not formally legally binding,
the1984 Cartagena Declaration (for Latin America).
The Definition of a Refugee
International legal protection of refugees centres on a person meeting the criteria for refugee status as
laid down in the 1951 Refugee Convention. Under Article 1(A)2, the term refugee shall apply to any
person who:
...owing to well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, is outside the country of his
nationality and is unable or, owing to such fear, is unwilling to avail himself of the
protection of that country; or who, not having a nationality and being outside the country
of his former habitual residence as a result of such events, is unable or, owing to such fear,
is unwilling to return to it.
Thus, according to this provision, refugees are defined by three basic characteristics:
they are outside their country of origin or outside the country of their former habitual
residence;
they are unable or unwilling to avail themselves of the protection of that country owing to a
well-founded fear of being persecuted; and
the persecution feared is based on at least one of five grounds: race, religion, nationality,
membership of a particular social group, or political opinion.
It is important to stress that the term asylum seekers refers to persons, who have applied for asylum,
but whose refugee status has not yet been determined.
Other sources:
http://www.unhcr.org/3d4aba564.html
http://en.wikipedia.org/wiki/Right_of_asylum
http://en.wikipedia.org/wiki/Refugee_law