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The Collective Responsibility of States to Protect Refugees$
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Agnès Hurwitz

Print publication date: 2009

Print ISBN-13: 9780199278381

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199278381.001.0001

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States’ Obligations Towards Refugees

States’ Obligations Towards Refugees

Chapter:
(p.173) 5 States’ Obligations Towards Refugees
Source:
The Collective Responsibility of States to Protect Refugees
Author(s):

Agnès Hurwitz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278381.003.0006

This chapter argues that safe third country mechanisms are not satisfactory from the perspective of refugee protection. The analysis of the non-refoulement principle under international refugee and human rights law and of other human rights obligations suggests that the current implementation of these arrangements entails serious risks for refugees' rights. Given that protection standards differ so much between States, adequate implementation in compliance with international law requires that national authorities determine on an individual basis whether a third country would provide effective protection to the refugee and that removal to such a country be based on an explicit agreement, so as to guarantee that the asylum claim will be examined on its merits and in accordance with basic procedural safeguards and international law.

Keywords:   safe third country practices, non-refoulement, refugees, asylum, international human rights

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