Examining The Principle of Non Refoulement with Special Reference to European Union an Analytical Study

Abstract

In the modern era, the European Refugee Crisis of the year 2015 shook the European Union and drew the world s attention towards refugees. Further, the news of the death of a 3-year boy named Aylan Kurdi, in an attempt to reach from Syria to the Greek Island of Kos, in a group of 23 members, strongly moved the global citizens. The death of Aylan led to the opening doors of many European States for Syrian refugees. Their vulnerability and their needs were recognized; accordingly, they were provided protection, shelter, accommodation and means of livelihood. Ever since then, various events like, wars, persecution, natural disasters and climatic change etc. is constantly leading the inflow of refugees in Europe from its neighboring countries. The Principle of non-refoulement, enshrined in the 1951 Refugee Convention provides protection to the refugees. Protection against refoulement is the cornerstone of refugee Protection, the principle is also a well established norm. The practice of the state to accept and protect refugees rather than returning them to territories where there is a threat to their life and freedom has taken the shape of customary law. The 1951 Refugee convention and its 1967 Protocol, an United Nations multilateral treaty, defines the term refugees, it lays down the rights of individual attaining asylum and the state s responsibilities, granting asylum, the convention also lays down who do not qualify as refugee. The Convention is carved out of Article 14 of 1948 Universal Declaration of Human Rights, which recognizes a person s right to seek asylum against persecution, in another country. newline