Search results for Refugee

Related keywords Intersectionality Non-refoulement Vulnerability

International Humanitarian Law

III.6 Special protection against CRSV is owed to refugees, stateless persons and transferred persons

Under the Fourth Geneva Convention, 'protected persons' are those who, at a given moment and in any manner, are in the hands of a party to the conflict or occupying power. Refugees who qualify as protected persons within the meaning of the Convention benefit from the protection owed to non-nationals in the hands of a party to the conflict or occupying power. Stateless persons also qualify as protected persons.

In addition, refugees who are not, in fact, under any government's protection, enjoy special protection under article 44 of the Convention. In applying measures of control and security in regard to protected persons as may be necessary because of the war, States must not treat refugees as enemy non-nationals exclusively on the basis of their nationality, in law, of an enemy State. Refugees in occupied territory that are not considered protected persons also enjoy certain protections under article 70(2) of the Convention. For the purposes of IHL, the term 'refugee' should be understood in a broad sense; the only criterion being that the individual in question does not 'enjoy the protection of any government'.

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'.

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

III.7 Special protection against CRSV is owed to women facing multiple, intersecting forms of discrimination

The definition of discrimination contained in article 1 applies to all women and concerns all forms of discrimination. States should pay particular attention to women who face multiple, intersecting forms of discrimination: the discrimination of women based on sex and gender 'is inextricably linked with other factors that affect women, such as race, ethnicity, religion or belief, health, status, age, class, caste and sexual orientation and gender identity'.

Sexual violence may affect women belonging to such groups to a different degree or in different ways to men. States should:

International Humanitarian Law

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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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Convention on the Rights of Persons with Disabilities (CRPD)

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Council of Europe System

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United Nations Peace and Security

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Ratification and Enforcement of Treaties

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