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7 - Rights of solution

Published online by Cambridge University Press:  06 January 2010

James C. Hathaway
Affiliation:
University of Michigan, Ann Arbor
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Summary

There is increasing impatience with the duty simply to honor the rights of persons who are Convention refugees. The focus of much contemporary discourse is instead on the importance of defining and pursuing so-called “durable solutions” to refugee flight. The main goal of a refugee protection regime oriented towards durable solutions is effectively to find a way to bring refugee status to an end – whether by means of return to the country of origin, resettlement elsewhere, or naturalization in the host country. Indeed, those who focus on achieving durable solutions increasingly regard respect for refugee rights as little more than a “second best” option, to be pursued only until a durable solution can be implemented. UNHCR's Executive Committee, for example, has recently endorsed a conclusion

Recognizing the need for Governments, UNHCR and the international community to continue to respond to the asylum and assistance needs of refugees until durable solutions are found [emphasis added].

In contrast to this emphasis on the pursuit of durable solutions, the Refugee Convention gives priority to allowing refugees to make their own decisions about how best to respond to their predicament. As a non-governmental advocate astutely observed, one of the strengths of the refugee rights regime is that it eschews “the false notion of ‘durable solutions’ to refugee problems, especially as refugees [may] have no idea as to how long they are likely to stay in a particular country.”

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Publisher: Cambridge University Press
Print publication year: 2005

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  • Rights of solution
  • James C. Hathaway, University of Michigan, Ann Arbor
  • Book: The Rights of Refugees under International Law
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511614859.008
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  • Rights of solution
  • James C. Hathaway, University of Michigan, Ann Arbor
  • Book: The Rights of Refugees under International Law
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511614859.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Rights of solution
  • James C. Hathaway, University of Michigan, Ann Arbor
  • Book: The Rights of Refugees under International Law
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511614859.008
Available formats
×