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Refugee law AI simulator
(@Refugee law_simulator)
Hub AI
Refugee law AI simulator
(@Refugee law_simulator)
Refugee law
Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law.
The discussion forms part of a larger debate on the fragmentation of international law. While some scholars conceive each branch as a self-contained regime distinct from other branches, others regard the three branches as forming a larger normative system that seeks to protect the rights of all human beings at all time. The proponents of the latter conception view this holistic regime as including norms only applicable to certain situations such as armed conflict and military occupation (IHL) or to certain groups of people including refugees (refugee law), children (the Convention on the Rights of the Child), and prisoners of war (the Geneva Convention (III) relative to the Treatment of Prisoners of War).
There is a variety of definitions as to who is regarded as a refugee, usually defined for the purpose of a particular instrument. The variation of definitions regarding refugees has made it difficult to create a concrete and single vision of what constitutes a refugee following the original refugee convention. Article 1 of the 1951 Refugee Convention, as amended by the 1967 Protocol, defines a refugee as:
A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
The 1967 Protocol removed the temporal restrictions that restricted refugee status to those whose circumstances had come about "as a result of events occurring before 1 January 1951," and the geographic restrictions that gave participating states of the Convention the option of interpreting this as "events occurring in Europe" or "events occurring in Europe or elsewhere". However, it also gave those states that had previously ratified the 1951 Convention and chose to use the geographically-restricted definition the option to retain that restriction.
The Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa adopted a regional treaty based on the Convention, adding to the definition of refugee as:
Any person compelled to leave his/her country owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality.
In 1984, a group of Latin-American governments adopted the Cartagena Declaration on Refugees, which, like the OAU Convention, added more objectivity based on significant consideration to the 1951 Convention. The Cartagena Declaration determine that a refugee includes:
Refugee law
Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law.
The discussion forms part of a larger debate on the fragmentation of international law. While some scholars conceive each branch as a self-contained regime distinct from other branches, others regard the three branches as forming a larger normative system that seeks to protect the rights of all human beings at all time. The proponents of the latter conception view this holistic regime as including norms only applicable to certain situations such as armed conflict and military occupation (IHL) or to certain groups of people including refugees (refugee law), children (the Convention on the Rights of the Child), and prisoners of war (the Geneva Convention (III) relative to the Treatment of Prisoners of War).
There is a variety of definitions as to who is regarded as a refugee, usually defined for the purpose of a particular instrument. The variation of definitions regarding refugees has made it difficult to create a concrete and single vision of what constitutes a refugee following the original refugee convention. Article 1 of the 1951 Refugee Convention, as amended by the 1967 Protocol, defines a refugee as:
A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
The 1967 Protocol removed the temporal restrictions that restricted refugee status to those whose circumstances had come about "as a result of events occurring before 1 January 1951," and the geographic restrictions that gave participating states of the Convention the option of interpreting this as "events occurring in Europe" or "events occurring in Europe or elsewhere". However, it also gave those states that had previously ratified the 1951 Convention and chose to use the geographically-restricted definition the option to retain that restriction.
The Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa adopted a regional treaty based on the Convention, adding to the definition of refugee as:
Any person compelled to leave his/her country owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality.
In 1984, a group of Latin-American governments adopted the Cartagena Declaration on Refugees, which, like the OAU Convention, added more objectivity based on significant consideration to the 1951 Convention. The Cartagena Declaration determine that a refugee includes: