Professional Documents
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RIGHTS OF REFUGEES
An Introduction
Overview
Article 14(1) of the Universal
Declaration of Human Rights : Everyone
has the right to seek and to enjoy in other
countries asylum from persecution.
Controlling international convention on
refugee law
1951 Convention relating to the Status of
Refugees*
1967 Optional Protocol relating to the
Status of Refugees
Legal Protections
1951 Convention relating to the Status of Refugees
1967 Optional Protocol relating to the Status of Refug
ees
Universal Declaration of Human Rights (art. 14)
American Declaration on the Rights and Duties of Man
(art. 27)
American Convention on Human Rights (art. 22)
Cartagena Declaration on Refugees, Colloquium on the
International Protection of Refugees in Central Ame
rica, Mexico and Panama (Cartagena Declaration)
African [Banjul] Charter on Human and Peoples Rights
Who is a Refugee?
Article 1(A)(2) of the 1951 Convention defines
a refugee as 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
is unable or, owing to such fear, is unwilling to
avail himself of the protection of that country
generalized violence,
foreign aggression,
internal conflicts,
massive violation of human rights
other circumstances which have seriously
disturbed public order
external aggression,
occupation,
foreign domination
events seriously disturbing public order in either part
or the whole of his country of origin or nationality
What Rights Do
Refugees Have?
Non-refoulement obligation of States not to refoule,
or return, a refugee 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.
Exceptions:
where there are reasonable grounds for regarding the
refugee as a danger to the national security of the host
country
where the refugee, having been convicted of a
particularly serious crime, constitutes a danger to the
host community
Freedom of movement
Article 26 of the 1951 Convention : States shall
afford refugees the right to choose their place
of residence within the territory and to move
freely within the State.
Article 28 obliges States parties to issue
refugees travel documents permitting them to
travel outside the State unless compelling
reasons of national security or public order
otherwise require.