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People on the move: laws & HR responses: Non-refoulement

Subjects: Law, Refugee Studies

Commentary

Refoulement & Non-refoulement

Art. 33 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.
1951 Refugee Convention

Art. 3 (1) [n]o State Party shall expel, return (‘refouler’) 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.

Art. 3 (2) [f]or the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

European Convention on Human Rights article 3 provides absolute protection against torture and inhuman or degrading treatment or punishment.

Goodwin-Gill, GS, (2011). The right to seek asylum: Interception at sea and the principle of non-refoulement. International Journal of Refugee Law, 23 (3), 443-457.

Kees Wouters & Maarten Den Heijer. The Marine I case : a comment International journal of refugee law, v.22:no.1 (2010, March)

Expulsion to face torture? : non-refoulement in international law

Duffy, Aoife.

International journal of refugee law v.20:no.3 (2008, Oct.) p.373-390