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5 - Rights of Refugees Lawfully or Habitually Present

Published online by Cambridge University Press:  10 March 2021

James C. Hathaway
Affiliation:
University of Michigan Law School
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Summary

As the degree of attachment between a refugee and a state party increases, so too do the rights which the refugee may claim. All of the rights acquired by simple physical presence – to enter and remain in the asylum state; freedom from arbitrary detention or penalization for illegal entry; protection of physical security; access to the necessities of life; protection of property; respect for family unity; free exercise of thought, conscience, and religion; access to basic education; documentation of identity and status; and to benefit from administrative assistance and access to the courts – continue for the duration of refugee status. But once a refugee is not only in fact under the jurisdiction of a state party to the Convention, but also lawfully present in that country, he or she acquires several additional rights.

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Publisher: Cambridge University Press
Print publication year: 2021

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