Rights of Refugees
Specific Instruments
  General Instruments
  Articles
  Websites
  Selected Case Law
  Case Law Websites
  Reports
  Books
  Periodicals
  Human Rigths Actors
The principal international documents which establish and define basic standards for the treatment of refugees are the 1951 United Nations Convention relating to the Status of Refugees, and its 1967 Protocol. The fact that the Geneva Convention of 1951 does not apply to the victims of situations of generalised violence, of massive violations of human rights or of civil wars, suggests a need to develop new forms of protection. There is a clear relationship between the problem of the world's refugees, asylum-seekers and internally displaced persons, and human rights issues. Violations of human rights are not only among the major causes of mass exoduses, but they also rule out the option of voluntary repatriation for as long as they persist. More effective ways to protect and assist particularly vulnerable groups are also being sought. Violations of the rights of minorities and ethnic conflicts are increasingly at the source of both mass exoduses and internal displacements.
     
Specific Instruments
Declaration on Territorial Asylum
Date of adoption: 14/12/1967 Entry into force: -
System of protection: Universal
Statute of the Office of the United Nations High Commissioner for Refugees
Date of adoption: 14/12/1950 Entry into force: -
System of protection: Universal
Convention Governing the Specific Aspects of Refugee Problems in Africa
Date of adoption: 10/9/1969 Entry into force: 20/6/1974
System of protection: Organization of African Unity
Addis Ababa Document on Refugees and Forced Population Displacements in Africa
Date of adoption: 10/9/1994 Entry into force: -
System of protection: Organization of African Unity
Inter-american Convention on the International Return of Children
Date of adoption: 15/7/1989 Entry into force: 4/11/1994
System of protection: Organization of American States
European Agreement on the Abolition of Visas for Refugees
Date of adoption: 20/4/1959 Entry into force: 4/9/1960
System of protection: Council of Europe
European Agreement on Transfer of Responsibility for Refugees
Date of adoption: 16/10/1980 Entry into force: 1/12/1980
System of protection: Council of Europe
Convention on the Reduction of Statelessness
Date of adoption: 30/8/1961 Entry into force: 13/12/1975
System of protection: Universal
Protocol relating to the Status of Refugees
Date of adoption: 16/12/1966 Entry into force: 4/10/1967
System of protection: Universal
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto
Date of adoption: 16/9/1963 Entry into force: 2/5/1968
System of protection: Council of Europe
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
Date of adoption: 22/11/1984 Entry into force: 1/11/1988
System of protection: Council of Europe
Convention relating to the Status of Refugees
Date of adoption: 28/7/1951 Entry into force: 22/4/1954
System of protection: Universal
Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live
Date of adoption: 13/12/1985 Entry into force: -
System of protection: Universal
     
General Instruments
Vienna Declaration and Programme of Action
Date of adoption: 25/6/1993 Entry into force: -
System of protection: Universal
American Convention on Human Rights (Pact of San Jose, Costa Rica)
Date of adoption: 22/11/1969 Entry into force: 18/7/1978
System of protection: Organization of American States
Charter of Fundamental Rights of the European Union
Date of adoption: 7/12/2000 Entry into force: -
System of protection: European Union
Universal Declaration of Human Rights (UDHR)
Date of adoption: 10/12/1948 Entry into force: -
System of protection: Universal
American Declaration of the Rights and Duties of Man
Date of adoption: 2/5/1948 Entry into force: -
System of protection: Organization of American States
     
Articles
Harmonisation of asylum law and policy within the European Union: a human rights perspective
Hannah GARRY
Latest update: 23/06/2003 First published: 2002
Reference: Netherlands Quarterly of Human Rights, vol. 20 (2002) no. 2 (p. 163 - 184)
The article deals with the harmonisation of European asylum policy which lies within the goal of greater economic and political intergration. Focus is placed on the human rights problems the harmonisation may bring.
International refugee protection 50 years on: The protection challenges of the past, present and future
Erika FELLER
Latest update: 30/12/2002 First published: 30/9/2001
Reference: International Review of the Red Cross, No. 843, p. 581-606
Refugee protection regime and its key components - Past developments in the refugee field - 1951 Convention - Current protection challenges - Debates.
Refugee law and international humanitarian law: Parallels, lessons and looking ahead A non-governmental organization's view
Rachel BRETT - Eve LESTER
Latest update: 30/12/2002 First published: 30/9/2001
Reference: International Review of the Red Cross No. 843. p. 713-726
There is a conceptual parallel between international refugee law and international humanitarian law. Both originated in the need to address the protection of persons in the hands of a State of which they are not nationals...
Human rights and refugees: enhancing protection through international human rights law
Brian GORLICK
Latest update: 27/10/2002 First published: 22/9/2001
Reference: The Journal of Humanitarian Assistance, New Issues In Refugee Research, Working Paper No. 30
The system of refugee protection under international law - Current barriers - Legal obligations of states - UN human rights mechanisms, their contribution - Basic legal instruments - Individual complaints - Jurisprudence.
Refugees, Rights, and Human Security
Colin HARVEY
Latest update: 21/10/2002 First published: 2/2001
Reference: Refuge (Vol. 19, Issue No. 4) February 2001
This essay explores the connection between discourses of membership, and refugee and human rights law. The argument is that state practice is often anchored in conceptions of democracy that refugee advocates must challenge at a fundamental level.
     
Languages: Arabic English French Spanish
Country reports and the latest news releases, information on AI latest campaigns and appeals for action to help protect human rights. Section "Library": Research available by country / region / theme. Links to hundreds of human rights websites.
Languages: English French
ECRE's policy and research papers, speeches, observations and press releases are available in full text format on their website and cover a range of comprehensive issues in European states concerning refugees and asylum seekers.
Languages: English
Summaries of individual gender asylum cases and decisions - Law and legal documents, including decisions by immigration judges, gender guidelines, international case law, UN documents, briefs, and scholarly articles - Experts - Links - Campaigns.
Languages: Arabic Chinese English French Portuguese Russian Spanish
The official site of Human Rights Watch - an independent NGO. News releases - Current events - Publications - Info by country - Campaigns - Issues -Reports - Links... Search engine. A very informative site.
Languages: English
Links to publications, the Australian Journal of Human Rights and Human Rights Defender, Information relevant to refugee law. Good database, part of the AustLII (Australasian Legal Information Institute).
Languages: English
The top navigation bar offers good links to national migration authorities - journals on refugee law - policy and offical documents -practical information and resources for determining asylum seeker status -statistics.
Languages: Chinese English
The official site of an international non-governmental organization. Publications - Research reports - Reports on human rights conditions in China, Tibet, Hong Kong - Campaigns - Activities - News - Useful links...
Languages: English French Spanish
UN Documents and reports - News Room.
Languages: English
Website of the think tank Runnymede - Ethnicity and cultural diversity - Publications on line
Languages: English
The primary goal of this site is to compile news articles and commentaries that address issues of human rights from news sources throughout the world. People and organizations (human rights actors) - Discussions - links to web sites.
     
Selected Case Law
Conka v. Belgium
Date: 5/2/2002
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 5 February 2002,. n° 51564/99.
Foreigners on an illegal stay - Arrested on a false motive in order to deport - Violations of Art. 5 - Collective deportation - Violation of Art. 4, Protocol 4 - Remedy before the Council of State had no suspensive effect - Violation of Art. 13.
Conka v. Belgium
Date: 5/2/2002
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 5 February 2002, n° 51564/99.
Foreigners on an illegal stay - Arrested on a false motive in order to deport - Violations of Art. 5 - Collective deportation - Violation of Art. 4, Protocol 4 - Remedy before the Council of State had no suspensive effect - Violation of Art. 13.
Chahal v. the United Kingdom
Date: 5/11/1996
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 15 November 1996, Recueil 1996-V. n° 70/1995/576/662
Deportation - Assessment of the risk of being subjected to ill treatment - Deportation motivated by the requirements of national security - Individual engaged in undesirable or dangerous activities - Absolute character of Article 3 ECHR.
Vilvarajah and Others v. the United Kingdom
Date: 30/10/1991
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 30 December 1991, Series A, vol. 215
Risk of ill-treatment in case of forced return - Articles 3 and 13 ECHR - Right to a remedy at national level enabling a national authority both to deal with the substance of the relevant Convention complaint and to grant appropriate relief.
Cruz Varas and Others v. Sweden
Date: 20/3/1991
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 20 March 1991, A-201, n° 46/1990/237/307.
Expulsion of an asylum seeker - Alleged risk of being subject to torture or inhuman or degrading treatment in the country of origin - Article 3 - Circumstances of the instant case - Absence of serious and established risk - No violation.
Anna Maroufidou v. Sweden
Date: 8/4/1981
Decision-making body: Human Rights Committee
Legal reference: Communication No. 58/1979 : Sweden. 08/04/81. CCPR/C/12/D/58/1979
Political refugee implicated in the act of a terrorist organization - Expulsion based on a decision made in conformity with the law - No violation of Article 13 - Interpretation and application of national law made in good faith.
     
Case Law Websites
Commonwealth Human Rights Case Law Database (The)
Languages: English
Allows you to browse or search for summaries of recent human rights decisions from national courts in Commonwealth jurisdictions.
Council of Europe - Human Rights Web
Languages: English French
Search the case-law of the European Convention on Human Rights control bodies.
International Human Rights Law Database (The)
Languages: English
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database.
Repertorio de Jurisprudencia del Sistema Interamericano de Derechos Humanos
Languages: Spanish
Directory of the case law of the Inter-American Court 1980 - 1997.
University of Michigan Law School - Refugee Caselaw Site (The)
Languages: English
Collects, and publishes selected recent court decisions that interpret the legal definition of a "refugee." It presently contains cases from the highest national courts of Australia, Austria, Canada, Germany, New Zealand, USA, UK and Switzerland.
     
Reports
Open Letter to Member States of the European Union
The intergovernmental and non-governmental agencies and organizations working for the protection of the human rights of the Internally Displaced Persons Date: 6/6/2002
Reference: Palais d'Egmont, Brussels
Source: The intergovernmental and non-governmental agencies and organizations working for the protection of the human rights of the Internally Displaced Persons
Refugees, Asylum Seekers, Migrants, and Internally Displaced Persons
Human Rights Watch Date: 2002
Reference: World Report 2002, Special Issues and Campaigns
Source: Human Rights Watch
Annual Report by Human Rights Watch. Introduction: The Year in Profile - Refugee Protection Post September 11 - The Crisis in Guinea - Combating Racism and Xenophobia Against Refugees and Migrants - Conclusion: The Challenges Ahead.
Durban Declaration and Programme of Action
HCNUDH / OHCHR Date: 8/9/2001
Reference: HCNUDH / OHCHR
Source: Office of the United Nations High Commissioner for Human Rights
Reference material gives researchers and human rights law practitioners access to key human rights instruments and other essential information. The Declaration and the Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.
For the Record 2001: The United Nations Human Rights System
Human Rights Internet Date: 2001
Reference: Human Rights Internet, 2001
Source: Human Rights Internet
FTR is an electronic annual report that provides summaries of relevant human rights information generated within the UN system. An important reference tool for those active in national and international social justice movements, the report also aids in simplifying the human rights work of the UN for the uninitiated, members of national legislative assemblies, journalists, students, teachers and the general public. Produced with the support of the Canadian Department of Foreign Affairs and International Trade since 1997, the report is organized thematically as well as by country and covers all relevant UN documentation over a full calendar year. These include: State reports prepared for the six human rights treaty bodies and the concluding observations of the experts who review those reports; documentation, resolutions and decisions by various UN system bodies.
For the Record 2001: The European Human Rights System
Human Rights Internet & Netherlands Institute of Human Rights / Internet des droits humains et l' Institut néerlandais des droits de l'homme Date: 2001
Reference: -
Source: Human Rights Internet & Netherlands Institute of Human Rights
A review of the major human rights developments in the European human rights system (within the Council of Europe). Organized thematically and by country. Focuses on developments in the scope of: European Convention on Human Rights; European Social Charter; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment and its protocols; Framework Convention for the Protection of National Minorities; and the European Commission against Racism and Intolerance. A major distinguishing feature of FTR Europe is that it contains summaries of human rights case law.
Forced Evictions and Human Rights
HCDH / OHCHR Date: 5/1996
Reference: Fact Sheet No. 25
Source: Office of the United Nations High Commissioner for Human Rights
The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva.
Human Rights and Refugees
HCDH / OHCHR Date: inconnue
Reference: Fact Sheet No. 20
Source: Office of the United Nations High Commissioner for Human Rights
The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva.
     
Books
The Price of Indifference: Refugees and Humanitarian Action in the New Century
Arthur HELTON
Reference: Oxford, Oxford University Press, 2002
Languages: English
By describing in the first chapters of the book the conflicts in former Yugoslavia, Cambodia, Haiti, as well as East Timor the author answers the question "why refugees matter". Then he offers his "tool box" of responses to refugee emergencies.
Migrant Workers in International Human Rights Law: Their Protection in Countries of Employment
Ryszard CHOLEWINSKI
Reference: Oxford, Clarendon Press, 1997
Languages: English
A broad definition of migrant workers and an expansive approach to their rights. The author analyses general international legal standards, the work of the ILO and the UN Convention, and the Council of Europe and EU standards and policies.
Vers un droit commun de l'humanité : Entretien avec Philippe Petit
Mireille DELMAS-MARTY
Reference: Paris, Conversations pour demain, Textuel, 1996
Languages: French
Reflections on the decline of the political power and the rise of the legal power. The history of the common right in Europe and human rights. Specific issues: the rights of homosexuals, of immigrants and of impoverished.
L'émergence d'une politique européenne d'asile
C. Dias Urbanos de Sousa, Ph. De Bruycker Ed.
Reference: Bruxelles, Faculté de droit de l'ULB, Bruylant, 2004
Languages: English French
A collection of studies on the emergence of a European asylum policy, which results from the implementation of the Amsterdam Treaty. Completes the Odysseus network's first book on the emergence of a European policy migration (Bruylant, 2003).
Cinquantième anniversaire de la Convention européenne des droits de l'homme
C. Teitgen-Colly Ed. - Catherine TEITGEN-COLLY
Reference: Bruxelles, Droit & Justice 33, Nemesis - Bruylant, 2002
Languages: French
Conference(2000) I. Origins of the ECHR II. Influence of the ECHR (recent democraties, futur) III. Case-law (access to law, fair trial, freedom of speech, foreigners, relations between private persons) IV. French judges and the ECHR
L'Union européenne et la gouvernance
F. Snyder Ed.
Reference: Bruxelles, Travaux du CERIC, Bruylant, 2003
Languages: English French
While focusing on governance in the EU integration process, the book studies a number of Human Rights-related issues, such as the regulation of the Internet, the common asylum policy and the positioning the EU HR system in its international context.
Les mesures relatives aux étrangers à l'épreuve de la Convention européenne des droits de l'homme
P. Lambert, C. Pettiti Ed.
Reference: Bruxelles, Droit & Justice, Bruylant, 2003
Languages: French
Collected papers from a 2003 seminar dedicated to the European Court of Human Rights' case-law related to the various situations that non-national foreigners are confronted with (non admission, asylum, deportation, "double punishment").
     
Periodicals
Human Rights Tribune
Reference: Ottawa, Human Rights Internet
Contact: hri@hri.ca http://www.hri.ca/cftribune/
Languages: English
A tri-yearly publication of HRI (Human Rights Internet). Addresses all areas of human rights from a non-governmental perspective world-wide. Articles about important events - NGO reports - Analysis of the work of human rights organizations.
International Journal of Refugee Law
Reference: Oxford, Oxford University Press
Contact: jnl.info@oup.co.uk http://www3.oup.co.uk/reflaw/
Languages: English
In addition to publishing original articles, the journal also features regular sections containing selected documents, case abstracts and comments, book reviews and annotated bibliographies of reports and other publications.
Refuge (Canada's Periodical on Refugees)
Reference: Canada, Centre for Refugee Studies at York University
Contact: refuge@yorku.ca http://www.yorku.ca/crs/Refuge/refuge.htm
Languages: English
A quarterly inter-disciplinary, refereed journal featuring articles by leading experts in the field of migration studies. Issues: Migration and Population; International Human Rights and Refugee Studies; Gendered dimensions of refugee studies; etc.
UNHCR: New Issues in Refugee Research
Reference: UNHCR
Contact: Jeff Crisp (crisp@unhcr.ch) http://www.jha.ac
Languages: English
This series of working papers is prepared by UNHCR staff members, consultants, interns and associates and cover a variety of issues related to refugees. Regional issues : Africa, Bosnia, Central Asia, Central America... Forced migration - Asylum...
     
Human Rights Actors
African Community Resource Center (ACRC)
http://www.africancommunitycenter.org Type:NGO (Non-Governmental Organization)
Empowers refugees and immigrants in California, in particular the African refugee and immigrant community.
American Near East Refugee Aid (ANERA)
http://www.anera.org Type:NGO (Non-Governmental Organization)
Organization for the aid to refugee and displaced Palestians in Middle East.
European Council on Refugees and Exiles (ECRE)
http://www.ecre.org Type:Network
ECRE is an umbrella organisation of 72 refugee-assisting agencies in 28 countries working towards fair and humane policies for the treatment of asylum seekers and refugees.
Human Rights and Human Diversity Initiative (University of Nebraska-Lincoln) ()
http://www.unl.edu/HumanR/index.html Type:Research / Education
Goal: to examine issues related to human rights in an international perspective. Relationship between cultural diversity and human rights. Universality of HR. Minorities: refugees, voluntary migrants, and indigenous peoples. Human rights protectors.
Human Rights Centre, University of California, Berkeley ()
http://www.hrcberkeley.org/ Type:Research / Education
"the Human Rights Center conducts interdisciplinary research on emerging issues in international human rights and humanitarian law. Our research focuses on war crimes, justice and postwar reconstruction, health and human rights, and refugees".
International Center for Migration, Ethnicity and Citizenship (ICMEC)
http://www.newschool.edu/icmec/ Type:Research / Education
Scholarly research and public policy analysis bearing on international migration, refugees, and the incorporation of newcomers. Causes of large international migrations and refugee flows, Patterns of demographic change and policies, etc....
International Organization for Migration (IOM)
http://www.iom.int/ Type:International or Regional Organization
Acts to: assist in meeting the growing operational challenges of migration management - Advance understanding of migration issues - Encourage social and economic development through migration - Uphold the human dignity and well-being of migrants.
Jesuit Refugee Service (JRS)
http://www.jesref.org/ Type:NGO (Non-Governmental Organization)
The Jesuit Refugee Service is an international Catholic organisation, at work in over 40 countries, with a mission is to accompany, serve and defend the rights of refugees and forcibly displaced people. The mission given to JRS embraces all who are d
Refugee Studies Centre (RSC)
http://www.qeh.ox.ac.uk/rsp/indexrsp.html Type:Research / Education
Multidisciplinary research and teaching on the causes and consequences of forced migration; disseminates the results of that research to policy makers, practitioners, and the academic community; tries to understand the experience of forced migration.
Representative of the Secretary-General on internally displaced persons ()
http://www.unhchr.ch/html/menu2/7/b/midp.htm Type:United Nations System
Four main areas of work: the development of a normative framework; the development of an effective institutional framework at the international, regional and national levels; country missions; and on-going research into specific issues of concern.
Runnymede ()
http://www.runnymedetrust.org Type:Research / Education
Founded in 1968, Runnymede is a leading independent think tank on ethnicity and cultural diversity. Our mandate since inception has been to challenge racial discrimination, to influence related legislation and to promote a successful multi-ethnic Britain.
United Nations High Commissioner for Refugees, Office of the (UNHCR)
http://www.unhcr.ch/ Type:United Nations System
A humanitarian, non-political organization aiming to protect refugees and to help them restart their lives in a normal environment. Promotes international refugee agreements - Monitors government compliance with international refugee law.