What is the principle of non-refoulement in international law?

Under international human rights law, the principle of non-refoulement guarantees that no one should be re- turned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm.

What is the principle of non-refoulement as set out in the 1951 Convention?

The principle of non-refoulement has been the milestone in international protection of refugees which provides the prohibition of expulsion or return of a refugee to any country where he or she might be tortured or face persecution or other ill-treatment (Gorlick, 2000: 8).

Where is the principle of non-refoulement?

The principle of “non-refoulement” was officially enshrined in Article 33 of the 1951 Convention Relating to the Status of Refugees.

What is a non-refoulement obligation?

Non-refoulement encompasses obligations not to return a person to a place where they may face torture or cruel, inhuman or degrading treatment or punishment, and not to expel a refugee to a place where their life or freedom would be threatened.

Who is protected by principle of non-refoulement?

This principle, reflected in different bodies of international law, protects any person from being transferred (returned, expelled, extradited—whatever term is used) from one authority to another when there are substantial grounds for believing that the person would be in danger of being subjected to violations of …

Is non-refoulement customary law?

At its core, the principle of non-refoulement is considered to form part of customary international law. Under refugee law, the principle of non-refoulement applies to both refugees and asylum seekers.

Does the principle of non-refoulement apply to migrants?

Under refugee law, the principle of non-refoulement applies to both refugees and asylum seekers. In addition to being protected against refoulement, refugees are entitled to a number of other rights provided under that body of law.

Is non-refoulement a human right?

UNHCR is of the view that the prohibition of refoulement of refugees, as enshrined in Article 33 of the 1951 Convention and complemented by non-refoulement obligations under international human rights law, satisfies these criteria and constitutes a rule of customary international law.

When can non-refoulement be legally violated?

The 1951 Convention on Article 33 (2) consecrates two exceptions to the principle of Non-Refoulement: (i) in case of threat to the national security of the host country; and (ii) in case their proven criminal nature and record constitute a danger to the community.

Can non-refoulement be violated?

One of the pillars of international refugee law is the principle of non-refoulement, which prohibits any State conduct “leading to the ‘return in any manner whatsoever’ to an unsafe foreign territory, including rejection at the frontier or non-admission to the territory.” In recent months, governments have violated the …

What are the complementary non-refoulement obligations in international human rights law?

The obligation of non-refoulement under the CAT is contained in Article 3 which provides that: (1) No State Party shall expel, return (‘refoule’) 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.

What is the principle of nonrefoulement under international human rights law?

The principle of non-refoulement under international human rights law . Under international human rights law, the principle of non-refoulement guarantees that no one should be re- turned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm.

Does the principle of non-refoulement apply to refugees who are formally recognised?

That the principle of non-refoulement applies to refugees, irrespective of whether they have been formally recognised as such – that is, even before a decision can be made on an application for refugee status – has been specifically acknowledged by the UNHCR Executive Committee in its Conclusion No. 6 on Non-Refoulement.

When was the UN High Commissioner for refugees (UN UNHCR) note on non-refoulement?

UNHCR Note on the Principle of Non-Refoulement Publisher UN High Commissioner for Refugees (UNHCR Publication Date November 1997 Cite as UN High Commissioner for Refugees (UNHCR Comments Prepared for the EU Seminar on the Imple

What is the importance of non-refoulement procedures?

Such procedures or arrangements are particularly important when a country receives both asylum-seekers and migratory movements. In UNHCR’s view, respect for the principle of non-refoulement can therefore be most effectively ensured if claims to refugee status and asylum are determined substantively and expeditiously.