Refugee Protection under International Human Rights Law: From Non-Refoulement to Residence and Citizenship

Abstract

This article examines the contribution of international human rights monitoring bodies to refugee protection. It first considers the well established position that the principle of non-refoulement is enshrined in international human rights law, and examines its absolute nature. It then examines some of the recent jurisprudence by international human rights monitoring bodies where the risk of prohibited treatment arises on account of one of the Refugee Convention grounds for refugee status (namely, race, religion, nationality, membership of a particular social group, or political opinion) and identifies the questions that arise from such findings. Last, it examines the jurisprudence of international human rights monitoring bodies, which moves beyond a finding of non-refoulement to discuss matters of status and in particular of security of residence. The article argues that international human rights monitoring bodies have been instrumental in refugee protection by interpreting international human rights law in an inclusive manner, ultimately contributing to the acceptance by States and the United Nations High Commissioner for Refugees that protection of the broad categories of refugees covered by international human rights law constitutes a legal obligation (and not merely a discretional decision) of States under international law, an understanding that has led to the adoption of specific complementary instruments at regional level and the promotion of complementary forms of protection by the United Nations High Commissioner for Refugees.