Glossary entry

English term or phrase:

non-refoulement

English answer:

protection from being deported/returned to a country in which one could be subjected to torture

Added to glossary by Abdulvahed
May 24, 2010 18:34
14 yrs ago
14 viewers *
English term

non-refoulement

English Social Sciences Government / Politics
The obligation of Article 3 of the Convention places the burden of proof on a claimant for non-refoulement to demonstrate that there are substantial grounds for believing that he / she would be in danger of being subjected to torture upon removal to the country concerned

Discussion

Jonathan MacKerron May 24, 2010:
repression, suppression, reversing, turning back several possibilities of what this French word might mean in English

Responses

+1
7 mins
Selected

protection from being deported/returned to a country in which one could be subjected to torture

"The principle of non-refoulement is a cornerstone of international law. This principle is set out in the 1951 Refugee Convention, article 33 (1) of which states that “No Contracting State shall expel or return ("refouler") a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion”.1 The convention does list a number of grounds on which a person may be refouled. According to article 33 (2), the ban on forcibly returning refugees to a country where they may face persecution does not apply to a refugee “whom there are reasonable grounds for regarding as a danger to the security of the country in which he is or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country”. However, this provision is only valid under highly exceptional circumstances: for it to be applicable it must be proved that there is a direct link between the presence of a refugee in the territory of a particular country and a national security threat to that country."
http://www.ihf-hr.org/viewbinary/viewdocument.php?doc_id=673...

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Note added at 8 mins (2010-05-24 18:43:30 GMT)
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...torture, death, or certain other forms of oppression
(wouldn't fit in answer field)
Peer comment(s):

agree Stephanie Ezrol
6 hrs
Thank you, Stephanie!
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4 KudoZ points awarded for this answer. Comment: "many thanks"
6 mins

protection from repatriation

in so many words, see the wiki entry that explains it in detail
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26 mins

(the burden of proof) for non-deportation (to home country)

I´d say; or you leave the term non-refoulement which is a standing one in jurisdiction
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Reference comments

6 mins
Reference:

Non-refoulement

Non-refoulement is a principle in international law, specifically refugee law, that concerns the protection of refugees from being returned to places where their lives or freedoms could be threatened. Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution based on membership in a social group or class of persons, non-refoulement refers to the generic repatriation of people, generally refugees into war zones and other disaster areas... The principle of "refoulement" was officially enshrined in the 1951 Convention Relating to the Status of Refugees and is also contained in Art 3 of the 1984 Torture Convention.

More here:
http://en.wikipedia.org/wiki/Non-refoulement
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