The Anatomy of Non-Refoulement: A Centrepiece of International Refugee Law and Human Rights Law

Béres, Nóra (2024) The Anatomy of Non-Refoulement: A Centrepiece of International Refugee Law and Human Rights Law. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 5 (1). pp. 31-49. ISSN 2732-0707

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Abstract

Although the principle of non-refoulement remains vital under international refugee law and human rights law, its content and scope are the subject of extensive scholarly discussions. Therefore, this paper seeks to provide a concise analysis of non-refoulement starting from the 1951 Geneva Convention relating to the Status’ Refugees and to explore accurately its meaning based on its material, personal, and geographical scope. This paper also endeavours to briefly examine non-refoulement under universal and regional human rights instruments. Further, it aims to compare the interpretations of non-refoulement under international refugee law and human rights law based on the relevant case-law of international and domestic courts in addition to that of the respective monitoring mechanisms.

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