PROTECTION OF REFUGEE RIGHTS-AN ANALYSIS

Authors

  • Dr. Itishree Mishra Associate Professor, Birla School of Law, Birla Global University, Bhubaneswer

Keywords:

Refugee, International law (UNHCR) Convention, Treaties, non-refoulement, Human rights

Abstract

This article is based on the rights of the refugee which has become the point of global discussions .The jurisprudential aspect behind the law started from the time civil and political wars. The most significant developments in refugee law, however, are closely tied to the two World Wars. After

World War I the League of Nations and the mass expulsions and persecutions before, during and after the Second World War, this has shaped the contours of international refugee law.

This paper tries to examine the international law of refugee protection, focusing on the legal tools, treaties, and national laws which prescribe or implement the obligations of states to refugees, as well as the core protection functions and responsibilities of the Office of the United Nations High Commissioner for Refugees (UNHCR). It first considers the definition of refugee, persecution, and the reasons for persecution as spelled out in the 1951 Convention relating to the Status of Refugees. It then discusses the principle of non-refoulement and UNHCR’s responsibility to seek permanent solutions for the problem of refugees, including voluntary repatriation, local asylum, and resettlement. Finally, it looks at the refugee problem in the context of human rights. This paper is solution based trying to overcome the difficulties in protecting the interest of the refugee at international sphere and treating them equally as that of a citizen can avail in a country .The fear of persecution or threat to life or safety arises in the context of an armed conflict, refugee law also intersects with international humanitarian law is tried to be solved through the paper referring to various case law citation.

References

Websites:

I. www.ohcr.org

II. www.refugeecouncil.org.au

III. www.ijrcenter.org

IV. www.immigrationforoum.org

V. www.oxford.universitypressschlorship.org

Books:

I. Malcom N.Shaw -International Law.

II. Puneet Pathak-International Humanitarian and Refugee Law.

III. Dr. Gurdeep Singh-International Law.

IV. Guy Goodwin- The Refugee in International Law

Additional Files

Published

15-11-2021

How to Cite

Dr. Itishree Mishra. (2021). PROTECTION OF REFUGEE RIGHTS-AN ANALYSIS. International Education and Research Journal (IERJ), 7(11). Retrieved from http://ierj.in/journal/index.php/ierj/article/view/2375