Coherent Identifier About this item: 20.500.12592/nppr7b

ECRE/ELENA Legal Note 8: on Asylum and the UN Treaty System Secring and Advancing Access to Asylum T

12 March 2021

Summary

To this end, it will explore the meaning of the principle of non-refoulement under international human rights law and, in particular under the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture (CAT), the Convention on the Elimination of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), the Convention on the Rights of P. [...] The respective monitoring bodies for each treaty are: The Human Rights Committee (CCPR), the Committee against Torture (CAT), the Committee on the Elimination of Discrimination Against Women (CEDAW), the Committee on the Rights of the Child (CRC), Committee on the Rights of Persons with Disabilities (CRPD), the Committee on Enforced Disappearances (CED) and the Committee on the Elimination of Raci. [...] ACCESS TO ASYLUM AND THE PRINCIPLE OF NON-REFOULEMENT As construed in Article 33 of the 1951 Geneva Convention Relating to the Status of Refugees (the Geneva Convention),12 the principle precludes states from returning refugees in any manner whatsoever to territories where they would face risk of persecution on the basis of any of the grounds referred to in the Convention. [...] An example of the broader scope of non-refoulement under international law can be found in the jurisprudence of the Committee on Civil and Political Rights (CCPR), which has condemned the strict focus of national authorities on the applicability of the Geneva Convention and their inadequate consideration of “the specific rights of the author under the Covenant and such other instruments as the Con. [...] Article 6 covers situations where there is a threat to the person’s life, regardless of the likelihood of torture or inhuman treatment; the threat to a person’s life may be associated with extreme violence in the country of return or, in the case of the death penalty, an arbitrary deprivation of life.28 Although the death penalty is not prohibited by the Covenant, the strictest possible limitation.

Pages
32
ECRE
European Council on Refugees and Exiles

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