enduring connections’ they should nonetheless retain the right to enter and remain in that
country in accordance with this Principle.
9.2. The prohibition of refoulement
PRINCIPLE
LEGAL STANDARD
9.2.1. In line with principles of
international refugee law, States must
not expel or return “refouler” any
person, including one whom they have
stripped of nationality, to a situation in
which they face a threat to life or
freedom or risk facing persecution,
including on the grounds of race,
religion, nationality, membership of a
particular social group or political
opinion.
1951 Refugee Convention, Art. 33(1): “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.
9.2.2. In line with the principles of
international human rights law, States
must not expel or return “refouler”
any person, including one whom they
have stripped of nationality, to a
situation in which they face a real risk
of serious human rights violations,
including torture or cruel, inhuman or
degrading treatment or punishment,
enforced disappearances, capital
punishment, flagrant denial of justice
and the right to liberty, or arbitrary
deprivation of life.
CAT, Art. 3(1): “No State Party shall expel, return refouler 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.
CED, Art. 16(1): 1. “No State Party shall expel, return refouler ,
surrender or extradite a person to another State where there are
substantial grounds for believing that he or she would be in danger of
being subjected to enforced disappearance.
2. For the purpose of determining whether there are such grounds,
the competent authorities shall take into account all relevant
considerations, including, where applicable, the existence in the State
concerned of a consistent pattern of gross, flagrant or mass violations
of human rights or of serious violations of international humanitarian
law.
147. The prohibition of refoulement constitutes customary international law. According to the UNHCR:
“Within the framework of the 1951 Convention/1967 Protocol, the principle of non-refoulement
constitutes an essential and non-derogable component of international refugee protection. The
central importance of the obligation not to return a refugee to a risk of persecution is reflected
in Article 42(1) of the 1951 Convention and Article VII(1) of the 1967 Protocol, which list Article
33 as one of the provisions of the 1951 Convention to which no reservations are permitted. The
fundamental and non-derogable character of the principle of non-refoulement has also been
reaffirmed by the Executive Committee of UNHCR in numerous Conclusions since 1977.
73
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents