otherwise forcibly returned to a country where his
or her life or freedom would be threatened based
on race, religion, nationality, membership in a particular social group or political opinion.
consent to acts that they are requested or ordered
to undertake need to be considered.56
35.
The 1951 Convention provides for the exclusion from refugee status of persons with regard to
whom there are serious reasons for believing they
have committed certain serious crimes or heinous
acts.53 International refugee law also permits exceptions to the principle of non-refoulement when an
individual has been determined to pose a danger
to the security of the country or to its community
in certain specific circumstances.54 However, given
the potentially serious consequences of denying
refugee status or protection from refoulement to a
person who otherwise may face harm upon return
to his or her country of origin, these provisions
should be interpreted in a restrictive manner.55 In
view of the particular circumstances and vulnerabilities of children, the application of these provisions to children always need to be exercised with
great caution. A thorough and individualized analysis of all circumstances in each case should be
undertaken, considering the rules and principles
that address the special status, rights and protection afforded to children under international and
national law. In particular, these principles related
to the best interests of the child, the mental capacity of children and their ability to understand and
53
Ibid., art. 1F.
54 Ibid., art. 33(2).
55 UNHCR, Guidelines on International Protection: Application of the Exclusion Clauses: Article 1F of the 1951
Convention relating to the Status of Refugees (2003), available at www.refworld.org/docid/3f5857684.html, para. 2;
UNHCR, Background Note on the Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to
the Status of Refugees (2003), available at www.refworld.
org/docid/3f5857d24.html, para. 4; UNHCR, Guidance Note
on Extradition and International Refugee Protection (2008),
available at www.refworld.org/docid/481ec7d92.html, paras.
13–16.
22.
36.
The 2006 Global Counter-Terrorism Strat-
56 UNHCR, Guidelines on International Protection No. 8:
Child Asylum Claims under Articles 1(A)2 and 1(F) of the 1951
Convention and/or 1967 Protocol relating to the Status of Refugees (2009), available at www.refworld.org/docid/4b2f4f6d2.
html.