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Refugee Under International Law

Authors: Kajal Kumari and Abhishek Yadav, Students, School of Law, Galgotias University, India

Abstract

Human rights are the basic rights of all human beings against their religion, sex, colour, place of residency, nationality and other categorization. Infringement of human rights is the major factor of the fleeing of refugees. This article contains the meaning of the term “refugee”, “asylum seeker”, “internally displaced person”, “stateless person”, “migrants”, “human rights”, reasons for the fleeing of refugees, how one can get refugee status and also to whom refugee status is not given, human rights of refugee and basic human rights which is declared by Universal Declaration of Human Rights, rights of refugees which are given under ICCPR, examines the roles of the 1951 Refugee Convention and UNHCR and policies of protection which are provided by UNHCR. UNHCR is the main organization which gives assistance to the refugee and provides international protection and UNHCR is asked to supervise the implementation of the 1951 Refugee Convention. 1967 Protocol related to the status of refugee is a key treaty in international refugee law. There are 144 countries that are the part of the 1951 Refugee Convention. India is not signatory to the Refugee Convention, 1951. But India also applies the articles of the Refugee Convention, 1951 and Government of India recognizes Chakmas, Sri Lankan Tamils, Tibetans, Afghans and many people from other nationalities from Sudan, Somalia, Iran, Iraq, and Myanmar as a refugee. This article also contains the laws and rights which are available to a refugee in India and focuses on the challenges which are faced by the developing countries with respect to a refugee.


Keywords: Refugee, Non-refoulement, Human rights, International protection, Asylum.

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