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6 - Rights of Refugees Lawfully Staying

Published online by Cambridge University Press:  10 March 2021

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

A significant number of important rights accrue to refugees only once they are “lawfully staying” in a state party. These include the rights to engage in wage-earning employment and to practice a profession, freedom of association, access to housing and welfare, to benefit from labor and social security legislation, and to receive travel documentation.

As previously described,1 a refugee is lawfully staying (résidant régulièrement) when his or her presence in a given state is ongoing in practical terms. This may be because he or she has been granted asylum consequent to formal recognition of refugee status. But refugees admitted to a so-called “temporary protection” system or other durable protection regime are also lawfully staying.

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Publisher: Cambridge University Press
Print publication year: 2021

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