How Far the Definition of a Refugee under the Refugee Convention 1951 Protects the Victims of Human Rights Abuses? A Review in the Light of Legislation and Case Law of the UK

Abstract

The goal of this study is to examine how far the definition of a refugee under the Refugee Convention 1951 protects the victims of human rights abuses. Since time immemorial, torture, inhuman and degrading treatment, religious and political persecution and other violations of human rights have forced people to flee. Thousands of people face persecution worldwide, often due to their religious or political belief, their race or nationality, or other fundamental quality such as their gender and sexuality. To support the victims of this problem the 1951 Refugee Convention was introduced. The purpose of refugee law is to protect people in this position. Nowadays, main causes of refugee movements are armed conflict, large-scale human rights abuses and environmental degradation. I am of the positive and proactive opinion that, as the 1951 Refugee Convention was created for the purpose of giving protection to a specific category of people, thus a large number of victims of the human rights abuses are excluded from the protection. However, it could be possible to protect the victims of human rights abuses sufficiently, if the definition of refugee under the 1951 Refugee Convention is amended through wide interpretation and explanation. In this article doctrinal research method has been applied primarily. This research method has provided various primary and secondary sources to fulfil the purpose of the study. DOI: 10.5901/mjss.2015.v6n2p460