31 Mar What Are The Rights Of Refugees Under International Law?
Concepts come into play as nations and organizations seek to decide who is a refugee, and who is not. Asylum seekers that is, those demanding refugee status in another country — generally need to prove individually that their fear of discrimination is well-founded and undertake a legal process whereby the host nation determines whether or not to apply for refugee status. In a mass evacuation, however, a receiving country cannot be able to conduct individual screening.
Upon entry, during the asylum process or while waiting for expulsion (refoulement), some countries detain asylum seekers. Asylum seekers in the country from which they flee may have already endured incarceration and torture. Hence, the effects of detention may be particularly severe, causing serious emotional and psychological stress. Article 31 of the Refugee Convention states that refugees should not be penalized for unlawfully entering a country if they have come directly from a location in which they are in danger and have been made clear to the authorities.
Articles 12 – 30 of the Refugee Convention:
After being identified as refugees, the person is entitled to the rights set out by Articles 12-30 Refugee Convention. Therefore, all refugees are issued identity documents and travel documents. Refugees must be treated in the same way as citizens of the receiving country with regard to the free practice of faith, access to judiciary, basic education, public support, social security, protection of intellectual property, align with labor unions, to identify with non-political and Non-profits and jobs.
The international law ensures that refugees are treated fairly by the host countries and almost every country is a signatory to the articles. Their right of possession must be protected, the right to take a career encouraged, the right to wok and higher education. However, there has been some breach of the treaty by certain countries, but those were just isolated instances and most of the countries abide by the law. As far as the protection of intellectual property is concerned, the law applies to the protection of the items of literary value, intellectual property, and scientific value.
Certain Human rights watchdogs like Amnesty International and UNHRC work on educating the masses about the Human right of refugees. Their work on the ground can never be overlooked especially the fact that they face grave danger to their lives to keep working on the ground. Apart from this, they work closely with other small and big Non-profits to provide relief and support the families of refugees.
The countries that are signatories to the Refugee law are to follow the law in letter and spirit. The protection of the life and rights of a refugee is paramount. The world is witnessing a huge influx of refugees fleeing from war zones and has impacted the judiciary a lot. Where right-wing politicians are trying to pin for an exclusive world, the refugee and Human rights organizations are working hard to make the world inclusive.
Infringements of human rights are a major factor in forcing refugees to flee as well as an obstacle to their free and voluntary return home. Therefore, the protection of human rights in countries of origin is vital for both the prevention and the solution of refugee problems. Respect for the law is also important for the security of refugees in asylum countries.
Under these situations, particularly when civilians are escaping for similar reasons, in the aftermath of evidence to the contrary, a ‘community’ determination of refugee status can be made, whereby every civilian is deemed a refugee.