The jurisprudence of international human right law and the protection of displaced persons

Abstract

There has been concerns as to the adequacy of the legal protection of displaced persons and refugees. This has increased calls for enhanced protection and preservation of displaced persons especially children and vulnerable persons. The nagging problem is why States deliberately disregard these human right protection provisions despite the avalanche of these human right laws and instruments, and why the contentious argument of an acceptable definition of who a Refugee or an Asylum seeker is, has not abated? This paper seeks to contribute to the legal discourse on how human right laws can be invoked to protect and preserve these displaced persons at international, regional and domestic levels through doctrinaire analysis. This paper submits that there is a need to revamp the general architectural mechanism of the protection and preservation of refugees and displaced persons by a more drastic enforcement of international human right instruments. A more pragmatic effort must be made by governments and non -state actors by galvanizing all the related vast body of human right laws and associated laws to magnify and radically build up the protection of refugees and displaced persons. One key step is to inform and re-orientate all advocates, interest groups, civil society organizations and others who are engaged in activities surrounding the protection of refugees and displaced persons of the availability of a robust revolutionary and modern jurisprudence on all human right laws and instruments and the need to invoke these organic human rights legal frameworks and pursue their proper enforcement.