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date: 04 July 2020

Abstract and Keywords

This chapter examines how forced migration is intertwined with human rights and human rights law. More specifically, it considers the ways in which human rights law can assist and protect forced migrants who cross an international border but do not conform to the legal definition of ‘refuge’ as spelled out in the 1951 Refugee Convention or its regional counterparts. It explains how human rights law provides a basis for granting protection to an individual fleeing harm, its relevance to the legal status granted to forced migrants, and the evolution of human rights treaties as ‘living’ instruments over time. It also looks at the principle of non-refoulement, the relationship between refugee law and complementary protection, and the importance of implementing human rights as domestic law.

Keywords: forced migration, human rights, human rights law, forced migrants, protection, treaties, non-refoulement, refugee law, domestic law

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