Refugees, Asylum Seekers and Human Rights

Refugees have a specific status under international law granting them international protection. The global framework of international human rights and refugee law therefore has practical significance for this at risk group of persons. This module explores the legal and policy tools in place to address the situation of refugees and asylum-seekers. Consideration is given to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees, and other relevant international human rights instruments. A central objective of this module is to promote a clear understanding of international refugee law in its human rights setting.

The module will include examination of: the legal concept of refugee; the inclusion, exclusion and cessation clauses; protection from refoulement and rights at the border; rights and duties under the 1951 Convention; and challenges to defining a refugee. Questions of concern will include: Who is a refugee in international law? What rights does international refugee law provide to asylum-seekers and refugees? How can one reconcile the rights of states with the rights of refugees? What role is played by international human rights standards? How should we assess compliance at national levels?

International refugee law embraces standards as well as institutional mechanisms. Although it does not have a dedicated “treaty-monitoring body”, the implementation of the 1951 Convention by States parties is supervised by the UN High Commissioner for Refugees (UNHCR) and his/her office. UNHCR also has a separate distinct mandate to provide international protection and is often substituting in practice for the role expected of States. Governments in turn are expected to cooperate with UNHCR in respect of finding solutions. What part does UNHCR play in international refugee protection? How has its mandate expanded, and why has this happened? How effective is it? How should its performance be measured? What is UNHCR’s future as a lead actor in the increasingly diversified international system, and the emergence of newer international and UN actors (e.g. UN Migration Agency, OCHA)?

International refugee law is a specialised regime within a broader body of international human rights law. The relationship between the two legal fields is, however, a matter of ongoing debate. Given the emphasis placed in international human rights law on everyone, it is of potential relevance to all human beings. The module thus explores international human rights law to assess its significance for refugees and considers how the two regimes intersect. 

Regional responses raise profound questions for global refugee protection (particularly at a time when there is an extensive international debate about responsibility-sharing and the concept of global solidarity). A number of the major global (refugee-producing and –receiving) regions – Africa, Latin America and Europe – have developed parallel refugee protection instruments and systems, at times complementing and at times potentially undermining the international system. Why have the regional treaties/instruments developed? What are the implications for the 1951 Convention and 1967 Protocol as the central global treaties? Has the experience been positive?

The module will also include analysis of existing pressing phenomena such as legal, procedural and practical questions around subsuming ‘conflict refugees’ within the 1951 Convention refugee definition; and also deal with legal, philosophical and legal questions around internal (versus external) displacement.

Tutor: Prof Costello or Prof Meili