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3 - The Structure of Entitlement under the Refugee Convention

Published online by Cambridge University Press:  10 March 2021

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

The universal rights of refugees are today derived from two primary sources – general standards of international human rights law,1 and the Refugee Convention itself.2 As the analysis in Chapter 1 makes clear, the obligations derived from the Refugee Convention remain highly relevant, despite the development since 1951 of a broad-ranging system of international human rights law. In particular, general human rights norms do not address many refugee-specific concerns; general economic rights are defined as duties of progressive implementation and may legitimately be denied to non-citizens by less developed countries; not all civil rights are guaranteed to non-citizens, and most of those which do apply to them can be withheld on grounds of their lack of nationality during national emergencies; and the duty of non-discrimination under international law has not always been interpreted in a way that guarantees refugees the substantive benefit of relevant protections.

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Publisher: Cambridge University Press
Print publication year: 2021

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