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Rights of Refugees and Asylum Seekers

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Chapter Summary

The basic international instrument concerning refugee protection in international law is the Convention Relating to the Status of Refugees 28 July 1951. This chapter deals with the most important international sources related to refugee protection, namely, the 1951 Convention Relating to the Status of Refugees (1951 Convention) and the 1967 Protocol Relating to the Status of Refugees (1967 Protocol) and international and regional human rights treaties (e.g. International Covenant on Civil and Political Rights (ICCPR) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)). The chapter briefly deals with the issues of returning refugees and Internally Displaced Persons (IDPS). The asylum seeker's presence would cease to be lawful within the meaning of the 1951 Convention upon a final decision to refuse recognition of refugee status. But until such time, the State must in principle treat the asylum seeker as a lawfully present refugee.

Keywords:asylum seeker; ECHR; human rights; ICCPR; IDPS; international law; refugees

10.1163/ej.9789004165175.i-628.164
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