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The right to seek and enjoy asylum under siege : national security and the prohibition of refoulement


Document type: article
Download file(s): 135420 (435 KB)
Abstract: In the context of state security policy post September 11, 2001, further challenges are raised for the maintenance of human rights that are in danger of being overridden by newly imposed security measures. The prohibition of refoulement is upheld within international human rights law for the purpose of protecting individuals from being returned to where they risk suffering severe human rights violations. Despite the absolute character of non-refoulement, states have utilised several measures to circumvent the restrictions it imposes on their security policy. Access to their territory is limited by tougher measures to secure the state’s physical borders, individuals are rejected on the grounds of being identified as a threat to the state, and refoulement is politically legitimised through the use of diplomatic assurances to safeguard the rights of those returned. As a result of these measures this article asserts that offending states are breaking legally enforced safeguards that serve to protect human rights, and are unnecessarily placing people’s safety at risk in the name of state security.
Authors: Bruin, R. , Wouters, K.
End Page: 6
Serial number: 1
ISSN: 1824-7180
Volume: III
Journal: SpandaNews : newsletter of the Spanda Foundation
Keywords: human rights , human security , migration
Language: eng
Organization: Spanda Foundation
Year: 2009
Right: © 2009 Spanda Foundation
Start Page: 3
Title: The right to seek and enjoy asylum under siege : national security and the prohibition of refoulement