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Chapter 9 - Refugees and the Right to Return

Published online by Cambridge University Press:  01 November 2019

David Miller
Affiliation:
University of Oxford
Christine Straehle
Affiliation:
Universität Hamburg
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Summary

The moral challenge of asylum and refuge arises from the internationally accepted principle of non-refoulement laid out in Article 33 of the Geneva Convention. The moral logic of non-refoulement is the implicit acknowledgement of the need for help: ‘Whenever a state acknowledges that it would be wrong to send someone back to her home country, it is implicitly recognizing that person as a refugee …, that is, as someone whose situation generates a strong moral claim to admission in a state in which she is not a citizen.’ Signatory states of the Geneva Convention are prohibited from immediately refusing asylum claims of those who request refuge. Instead, states are mandated to evaluate refugees’ demands for asylum fairly by assessing the human right violations the migrant has suffered in the past, and the likelihood of suffering grave human rights violations in the future if she were sent back into her country of origin.

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Publisher: Cambridge University Press
Print publication year: 2019

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