Search results for Non-refoulement

Related keyword Refugee

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)

...the principle of the minimum use of force when fingerprinting them’;34 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’.35 Non-refoulement. States should ‘expedite the processing of asylum applications’36 and strictly observe the principle of non-refoulement. They should amend expulsion procedures to ensure that no individual is expelled without an individualised assessment...

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

...the 1951 Convention; Introduce other grounds of persecution, namely sex and/or gender, into national legislation and policies relating to refugees and asylum seekers;77 Respect the principle of non-refoulement. States should not extradite, deport, expel or otherwise remove a person from their territory where there are substantial grounds for believing that there is a real risk of irreparable harm in the country to which the person may subsequently be removed. Gender-based violence constitutes irreparable harm if...

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

...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’.46 The risk of torture must be assessed on grounds ‘that go beyond mere theory or suspicion’. However, the......the principle of non-refoulement.51 Two elements are relevant in determining whether ‘substantial grounds’ exist: The existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights; The risk of torture is personal. The existence of a pattern of gross violations of human rights in the receiving State. To determine whether there are grounds for believing that a person would be in danger of being subjected to torture if deported,......Incommunicado detention or other forms of arbitrary and illegal detention in the country of origin; Clandestine escape from the country of origin following threats of torture; Religious affiliation; Violations of the right to freedom of thought, conscience and religion; Risk of expulsion to a third country where the person may be in danger of being subjected to torture; and Violence against women, including rape.59 Measures to prevent non-refoulement. States Parties should take preventive measures against possible......violations of the principle of non-refoulement,60 such as: Ensuring the right of each person concerned to have the case examined individually, to be fully informed of the reasons why they may be deported, and to know the rights legally available to appeal such a decision; Providing all foreign nationals at risk of deportation, including those from ‘safe’ countries of origin, with access to fair procedures, including a detailed and thorough interview to assess the risk that......who deal with persons under deportation procedures on respect for the principle of non-refoulement; Providing effective training for medical and other personnel dealing with detainees, migrants and asylum seekers in identifying and documenting signs of torture, taking into account the Istanbul Protocol;62 Rapid and appropriate identification of persons at risk, including survivors of torture and ill-treatment, and of sexual and gender-based violence, and providing them with health-care and psychological services;63 Refraining from adopting dissuasive measures or...

Council of Europe System

...and support services for asylum-seekers, ‘as well as gender guidelines and gender-sensitive asylum procedures’. Non-refoulement. Under article 61, States must refrain from returning victims/survivors of violence against women who are in need of protection, regardless of their status or residence, ‘to any country where their life would be at risk or where they might be subjected to torture or [ill-treatment]’. Residence status. Following the dissolution of an intimate relationship, States must provide ‘victims whose residence status depends...

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