Non-refoulement

Non-refoulement

Non-refoulement and the Treaties of the European Union

Description of Non-refoulement provided by the European Union Commission: The key principle of international refugee law, which requires that no State shall return a refugee in any manner to a country where his or her life or freedom may be endangered. The principle also encompasses non-rejection at the frontier. Its provision is contained in Article 33 of the 1951 Convention Relating to the Status of Refugees and constitutes the legal basis for States' obligation to provide international protection to those in need of it. Article 33(1) reads as follows: 'No Contracting State shall expel or return (refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion'. This principle was endorsed at the Tampere European Council in October 1999 in paragraph 13 of the conclusions. Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, in the light of the jurisprudence of the European Court of Human Rights and Article 3 of the UN Convention Against Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment, are also considered as bases for 'non-refoulement' obligations.

Non-refoulement

Embracing mainstream international law, this section on non-refoulement explores the context, history and effect of the area of the law covered here.

Resources

Further Reading

  • The entry “non-refoulement” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

See Also

Popular Treaties Topics

  • Treaties of the United Nations (UN)
  • Types of Treaties
  • International Treaties
  • Famous Treaties
  • Law of Treaties
  • Numbered Treaties

Non-refoulement and the Treaties of the European Union

Description of Non-refoulement provided by the European Union Commission: The key principle of international refugee law, which requires that no State shall return a refugee in any manner to a country where his or her life or freedom may be endangered. The principle also encompasses non-rejection at the frontier. Its provision is contained in Article 33 of the 1951 Convention Relating to the Status of Refugees and constitutes the legal basis for States' obligation to provide international protection to those in need of it. Article 33(1) reads as follows: 'No Contracting State shall expel or return (refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion'. This principle was endorsed at the Tampere European Council in October 1999 in paragraph 13 of the conclusions. Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, in the light of the jurisprudence of the European Court of Human Rights and Article 3 of the UN Convention Against Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment, are also considered as bases for 'non-refoulement' obligations.

Resources

See Also

Popular Treaties Topics

  • Treaties of the United Nations (UN)
  • Types of Treaties
  • International Treaties
  • Famous Treaties
  • Law of Treaties
  • Numbered Treaties

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