Application of the Principle of Non-Refoulement Within the Context of the European Convention on Human Rights

Abstract

The principle of non-refoulement constitutes the foundation of the protection provided by refugee law and has an important scope of application within the framework of human rights treaties. While some human rights treaties clearly include provisions on the principle of non-refoulement, most treaties handle the principle in relation to other provisions. Application of the principle of non-refoulement is mainly handle alongside the right to administrative detention or the right to an effective remedy in connection with the deportation process in doctrine. However, the rights and freedoms evaluated within the scope of this principle are related to deficiencies or illegalities in the national legal order of the state in connection with a deportation, extradition, or refoulement decision. Application the principle of non-refoulement within the scope treaties is independent of these elements. It instead concerns the treatment to which the person being addressed will be subjected to in the territory of the state to which that person will be deported, extradited or refouled. Within the framework of this limitation, this study will examine the application of the principle of non-refoulement in the context of the European Convention on Human Rights.