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Prompt: The rights of refugees are enshrined in a sophisticated system of protection in

international refugee law and human rights law. Yet many challenges to their protection remain.
Please discuss.

Thesis Statement: Despite legal protections that exist in both international refugee law and human rights
law, they are often undermined by conflicting political interests, socio-economic obstacles to integration
into host countries as well as complex legal challenges, collectively impeding the realization of refugee
rights protection.

Body
Section 1: International Refugee Law Framework
● Evolution and significance of the 1951 Convention and 1967 Protocol
● Definition of refugee status and rights outlined in the Convention
● Role of UNHCR in promoting Convention accession and finding durable solutions
● Principle of non-refoulement and its significance

Section 2: Integration of Human Rights Law in Refugee Protection


● Complementary role of human rights law to the Geneva Convention
● Applicability of human rights treaties and declarations such as CAD, UDHR and more to refugees
● Absolute nature of non-refoulement principle under human rights law as compared to
non-roulement which has exceptions in the 1951 convention if the person is a security threat
● Intersectional approach to refugee protection and human rights considering gender-based
persecution and importance of extra support for children

Section 3: Legal Challenges in Refugee Protection


● Ambiguity in refugee status definitions and interpretations
○ Persecution not defined - often puts burden of proof on refugees
○ “Race, religion….Membership of particular group”- does consider indiscriminate
violence only violence that targets specific groups for example those fleeing from natural
disasters or domestic violence
● Finding Legal Representation and Understanding Legal Rights
● Concept of ‘Legal Limbo’
● Detention Centers and its impact and Violation of Right to Freedom of Movement

Section 4: Socioeconomic Challenges Faced by Refugees during Integration into Host Country
● Limited access to employment, education, and healthcare
○ Exploitation in the workplace:unfair wages, unsafe working conditions etc
○ Cannot access essential healthcare services increasing vulnerability to diseases and
mental health conditions
● Social barriers and discrimination against refugees: xenophobia and social isolation

Section 5: Political Challenges


● How the concept of burden-sharing can be problematic
● Strict asylum policies in some countries more than others
● Lack of oversight and accountability by States since no formal ‘UN body’ exists

Section 6: Case Study (Syrian Refugees in Turkey)


● Reports of violation of principle of non-refoulement and unlawful deportation
● EU-Turkey Deal - violation of individual rights to seek asylum and uncertainty of whether Turkey
will not send back Syrian refugees. Is Turkey actually safe for refugees?
● Earthquakes in Syria and Turkey - need to consider ‘climate’ refugees
● CAD Concluding Observations for Turkey
○ Geographical limitation to 1951 Refugee Convention
○ Allegations of Turkish Armed Forces firing on border crossers
○ Difficulty access healthcare,employment, education etc; lack of awareness about legal
rights

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