Home Random Page


CATEGORIES:

BiologyChemistryConstructionCultureEcologyEconomyElectronicsFinanceGeographyHistoryInformaticsLawMathematicsMechanicsMedicineOtherPedagogyPhilosophyPhysicsPolicyPsychologySociologySportTourism






Principle of non-refoulement

Non-refoulement, one of the basic rules of traditional refugee law, prohibits host states from forcibly returning a refugee to his or her home state when the refugee's “life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”[27] In the climate change refugee instrument (in our case), the principle should prohibit forced return to a home state when climate-induced environmental change would threaten the refugee's life or ability to survive. The threat in this case comes from the environment, not from the home state's policies, but the effect on the victim is the same.

Therefore, we can say, that Rutasia contenting the Alfurnans in the Woeroma Centre, sending them to the Republic of Saydee just implement the principle of non-refoulement. So from this point of view we cannot say that Rutasia violated someone's rights because it acted solely on the basis of this principle that was officially enshrined in the 1951 Convention Relating to the Status of Refugees[28] and is also contained in the 1967 Protocol[29] and Art 3 of the 1984 Torture Convention[30].

 


[1] Jeffrey L. Blackman, “State Successions and Statelessness: The Emerging Right to an Effective Nationality under International Law”, Michigan Journal of International Law 1996, University of Michigan Law School, pp. 23-36.

[2] El-Hinnawi, supra note 77, at 4.

[3] See, e.g., Maldives Draft Protocol, supra note 90, at 1; Conisbee & Simms, supra note 19, at 32-33.

[4] UN Commission on Human Rights Special Rapporteur on the Human Rights of Migrants E/CN.4/2000/82, 6 January 2000. Other sources have defined a migrant as “any person who lives temporarily or permanently in a country where he or she was not born, and has acquired significant social ties to that country” (UNESCO, 2005); or as “a person who moves from one place to another to live, and usually to work, either temporarily or permanently” (Amnesty International, 2006).

[5] Brian Gorlick, Environmentally Displaced Persons: A UNHCR Perspective, http:// www.equatorinitiative.org/images/stories/events/2009events/brian_gorlick_ environmentally_displaced_persons_unhcr_perspective.pdf

[6] Universal Declaration of Human Rights, Adopted and proclaimed by General Assembly Resolution 217 A (III) of 10 December 1948, arts. 3, 25.

[7] International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 2200A (XXI), arts. 6, 27 (entered into force 23 March 1976).

[8] International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 2200A (XXI), arts. 11, 12 (entered into force 3 January 1976).

[9] Permanent Council of the Organization of the American State, “’A New Development strategy for the Americas’: A Human Rights and the Environment Perspective”, cit., pp. 5-17.

[10]International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3 (‘ICESCR’) Art 11.



[11]International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (‘ICCPR’) Art 1(2); ICESCR, Art 1(2). See, eg, F Menghistu, ‘The Satisfaction of Survival Requirements’ in BG Ramcharan (ed), The Right to Life in International Law (MartinusNijhoff, 1985) 68.

[12]See, eg, ‘Petition to the Inter American Commission on Human Rights Seeking Relief from Violations Resulting from Global Warming Caused by Acts and Omissions of the United States’ (7 December 2005) 〈http://www.earthjustice.org/library/legal_docs/petition-to-the-inter-american-commission-on-human-rights-on-behalf-of-the-inuit-circumpolar-conference.pdf〉 accessed 10 December 2009.

[13]UN Commission on Human Rights, ‘Human Rights and Extreme Poverty’, Human Rights res 2005/16 (14 April 2005) para 1(b).

[14] Shinsato, “Increasing the Accountability of Transnational Corporations for Environmental Harms: The Petroleum Industry in Nigeria”, cit., pp. 1-16.

[15]See, e.g., Atapattu, supra note 68, at 46 (“[A]s a result of climatechange, the right to life of people all over the world will be at risk due to increased incidence of hurricanes, cyclones, flooding, heat waves, increased air pollution, and vector borne diseases.”); notes 32-42 and accompanying text (describing the devastating potential effects of climatechange on Tuvalu).

 

[16] Sara C. Aminzadeh, Note, A Moral Imperative: The Human Rights Implications of ClimateChange, 20 Hastings Int'l & Comp. L. Rev. 231, 252 (2007)

[17] http://monographs.iarc.fr/ENG/Classification/ClassificationsGroupOrder.pdf

[18]See ICESCR, supra note 66, art. 11 (“The States Parties to the present covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food ...”); Universal Declaration, supra note 64, art. 25 (“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food ...”).

[19]See U.N. Econ. & Soc. Council, Comm. on Econ., Soc., & Cultural Rights [ECOSOC], 29th Sess., General Comment No. 15: The Right to Water, para. 1, U.N. Doc. E/C.12/2002/11 (Jan. 20, 2003), available at http:// www2.ohchr.org/english/issues/water/docs/CESCR_GC_15.pdf (discussing access to water as a basic human right).

[20] Art. 6 UDHR; Art. 16 CCPR.

[21] http://www.claiminghumanrights.org/person_before_law_definition.html

[22] Article 2 of the Charter of the United Nations / http://www.un.org/en/documents/charter

[23] DECLARATION ON PRINCIPLES OF INTERNATIONAL LAW CONCERNING FRIENDLY RELATIONS AND CO-OPERATION AMONG STATES IN ACCORDANCE WITH THE CHARTER OF THE UNITED NATIONS (GAR 2625) Adopted by the UN General Assembly Resolution 2625 (XXV) of 24 October 1970 / [http://www.unhcr.org/refworld/topic,459d17822,459d17a82,3dda1f104,0.html

[24] GENERAL ASSEMBLY RESOLUTION 2131 (XX) OF 21 DECEMBER 1965 “DECLARATION ON THE INADMISSIBILITY OF INTERVENTION IN THE DOMESTIC AFFAIRS OF STATES AND THE PROTECTION OF THEIR INDEPENDENCE AND SOVEREIGNTY” / http://untreaty.un.org/cod/avl/pdf/ha/ga_2131-xx/ga_2131-xx_e.pdf

[25] ICCPR Article 10 (1); See also, Committee on Civil and Political Rights. “General Comment No. 15: The position of aliens under the Covenant”, 11/04/86. para 7.

[26] Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) Article 5 (1) (f).

[27]Id. art. 33; see also Goodwin-Gill &McAdam, supra note 68, at 354 (arguing that non-refoulement is a principle of customary international law).

[28] http://www.unhcr.org/3b66c2aa10.html

[29] http://www2.ohchr.org/english/law/protocolrefugees.htm

[30] http://www2.ohchr.org/english/law/cat.htm


Date: 2016-01-14; view: 635


<== previous page | next page ==>
Rights to life and to health | 
doclecture.net - lectures - 2014-2024 year. Copyright infringement or personal data (0.008 sec.)