Search results for Non-refoulement

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Related word deport

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

III.4 States must not expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to CRSV

Enshrined in article 3, the principle of 'non-refoulement' is absolute: persons must not be deported to another State where there are 'substantial grounds' for believing that they would be in danger of being subjected to torture 'either as an individual or as a member of a group that may be at risk'. The risk of torture must be assessed on grounds 'that go beyond mere theory or suspicion'. However, the risk need not be highly probable, 'but it must be personal and present' Substantial grounds exist whenever the risk of torture is 'foreseeable, personal, present and real'.

Any person who, if deported, may be at risk of torture, should be allowed to remain 'so long as the risk persists'. This is particularly true for victims/survivors, who suffer physical and psychological harm that may require sustained availability of and access to specialised rehabilitation services. 'Once such a state of health and the need for treatment have been medically certified, they should not be removed to a State where adequate medical services for their rehabilitation are not available or guaranteed'.

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

III.7 Special protection against CRSV is owed to migrants

Under article 5, States should protect migrants, in particular refugees and asylum seekers, from all forms of violence. They should:

    Extend the area set aside for refugee camps 'in order to reduce overcrowding and the lack of privacy, which can lead to sexual violence and child abuse'; 'To avert risks to health and security and possible incidents of sexual and gender-related violence', strengthen the psychological support offered and identify the specific needs of persons located in migrant holding centres, 'especially single women and single mothers', 'victims of torture, trafficking and sexual and gender-based violence' and 'unaccompanied and separated minors'. States should establish 'gender-appropriate, culturally sensitive and age-sensitive individual screening and assessment procedures to ensure the rapid and appropriate identification of international protection needs or situations of vulnerability'; Provide migrants in migrant holding centres with access to medical care, interpreters, adequate food and social support. States should develop 'a solid guardianship system and appoint qualified guardians to unaccompanied children'; Safeguard 'the physical integrity of migrants and asylum seekers', provide them with the assistance of lawyers and independent monitors, and ensure that law enforcement officers are guided 'by the principle of the minimum use of force when fingerprinting them'; Ensure that labour laws and policies 'are regularly enforced, without exception, to protect foreign domestic workers from abuse and exploitation, from the moment of their recruitment until their return to their country of origin'.

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

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Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

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Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

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Council of Europe System

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