Abstract
Human rights defenders (HRDs) are subjected to serious human rights violations through legal and extralegal actions. Notably, most of the abuses against them remain unpunished, perpetuating a vicious cycle of violence against them. There is room for doubt that international human rights law has failed to provide efficient protection for HRDs, and this article considers the international refugee regime as an alternative system of protection. In this sense the article first discusses the intersection between the terms ‘refugee’ and ‘human rights defender’ to establish that defenders fall within the protection of the 1951 Refugee Convention. Following an inductive reasoning, the article considers the most well-trodden defects of the refugee regime and the reluctance of HRDs to adopt refugee status; it concludes that this alternative may not be suitable for defenders. Besides a doctrinal approach, the article employs a socio-legal approach, which is enhanced by interviews with HRDs.
Highlights
Human rights defenders[1] (HRDs) play a crucial role in protecting and promoting the realisation of human rights and frequently find themselves and their families at serious risk
The article considers the most well-trodden defects of the refugee regime and the reluctance of HRDs to adopt refugee status; it concludes that this alternative may not be suitable for defenders
As Martin Jones established for the first time in his 2015 article,[2] HRDs may benefit from international refugee law, as they may fall within the meaning of the term ‘refugee’ and, as a result, be
Summary
Human rights defenders[1] (HRDs) play a crucial role in protecting and promoting the realisation of human rights and frequently find themselves and their families at serious risk. International human rights law has failed to provide them with sufficient protection, the purpose of this article is not to consider the failure of international human rights law. In order to prove this point, it describes impunity for crimes committed against defenders as one of the indicative examples of the failure of international human rights law to protect HRDs. Having no other options, defenders may flee from their countries to escape from violations. As Martin Jones established for the first time in his 2015 article,[2] HRDs may benefit from international refugee law, as they may fall within the meaning of the term ‘refugee’ and, as a result, be Downloaded from https://www.cambridge.org/core.
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