Human Rights, Refugees and the Right to 'Enjoy' Asylum
International Journal of Refugee Law, Vol. 17, pp. 297-330, 2005
38 Pages Posted: 14 Jan 2010
Date Written: 2005
Abstract
Increasingly hard-line and restrictive asylum policies and practices of many governments call into question the scope of protections offered by the 1951 Convention relating to the Status of Refugees. Has the focus on the 1951 Convention been to the detriment and subordination of other rights and standards of treatment owed to refugees and asylum- seekers under international human rights law? Which standard applies in the event that there is a clash or inconsistency between the two bodies of law? In analysing the interface between international refugee law and international human rights law, this article looks at the right to family life and the right to work. Through this examination, content and meaning is offered to the almost forgotten component of the right ‘to enjoy’ asylum in Article 14(1) of the Universal Declaration of Human Rights 1948.
Keywords: 1951 Refugee Convention, human rights, right to work, right to family life
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