Refugees: State Responsibility, the Country of Origin and Human Rights

25 Pages Posted: 28 Nov 2016

See all articles by Nafees Ahmad

Nafees Ahmad

South Asian University-New Delhi

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Date Written: November 25, 2016

Abstract

The concept of State responsibility is as old as the human civilization. It has been the perennial responsibility of the State to protect the life and liberty of its citizenry. Today an individual has become central to the entire human rights discourse and is being regarded as a subject of International Law. Moreover, national boundaries are losing their meaning. Consequently a new world human order is being emplaced. The human rights of all individuals including that of refugees have become a polemical debate heralding a new premise whereat state concerns and individual rights are at loggerhead with each other. In this conspectus, it is incumbent upon the state to reconcile this paradox in an age of transnationalisation of human rights and civil liberties. Asylum countries are not as much responsible as country of origin. Thus, country of origin should squarely be held responsible for the refugees’ flows and it is the responsibility of the refugee generating state not to create problems of galling proportions for the other states as it is contrary to the notion of a civilized state. The responsibility of the country of origin is higher than the responsibility of state of reception under the International Law.

Suggested Citation

Ahmad, Nafees, Refugees: State Responsibility, the Country of Origin and Human Rights (November 25, 2016). Available at SSRN: https://ssrn.com/abstract=2875803 or http://dx.doi.org/10.2139/ssrn.2875803

Nafees Ahmad (Contact Author)

South Asian University-New Delhi ( email )

224 II Floor, Akbar Bhawan Chanakayapuri
South Asian University
New Delhi, Delhi 110021
India
+91 8130326250 (Phone)

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