The book chapter 'Refugee Protection and Human Rights' is part of the edited volume Human Rights after 75 Years of the Universal Declaration of Human Rights, published by BRILL in their International Studies in Human Rights series.
About the publication
In the seventy-five years since the right to seek and enjoy asylum was set out in the UDHR, the international refugee law regime has developed immensely. The Refugee Convention may still be at its centre, but this regime is now best understood as the combination of a great number of global, regional and national legal norms and instruments, including many generalist and specialist human rights treaties, as well as customary norms.
Refugee protection is gradually becoming a part of the human rights paradigm where refugee law and human rights law support and complement each other. In non-signatory states, human rights law play a significant role in the protection of refugees. However, with many different instruments, and judicial and supervisory bodies involved, coherence and consistency do not necessarily come naturally.
The chapter explores the freedom of movement as a crucial, yet underexplored human right relevant to various stages of the refugee experience. It argues that conceptualising refugee law as part of the human rights paradigm can provide greater coherence in the intricate legal landscape and foster a more human-centric approach to refugee protection. Nevertheless, the lack of solidarity and political will creates implications to the realisation of human rights of refugees and other migrants.