Non-refoulement

Cornelis Wouters (Kees) and Cameron Shilton

Chapter 64 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 376-381 from Edward Elgar Publishing

Abstract: This entry sets out the principle of non-refoulement as it has been explicitly included in or developed under international human rights, and specifically refugee law, instruments. The principle is essential in providing international protection and enjoying asylum. Non-r efoulement is a legal term of art, prohibiting the forced removal of people to territories where they are at risk of irreparable harm. Everyone has a right to be protected from refoulement. The principle applies territorially and extraterritorially and is applicable to any form of removal or return, irrespective of the factual or legal context. Ultimately, protection from refoulement is absolute, notwithstanding possible national security concerns. Challenges and controversies remain, largely because of restrictive state policies and practices such as externalizing immigration control and asylum or coercive measures vis-à-vis refugees and migrants.

Keywords: Asylum; Refugee; Human rights; Return; Persecution; Ill treatment (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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