A Deep Understanding of Human Rights and Their Violation

A Deep Understanding of Human Rights and Their Violation

  • Submitted By: glennm
  • Date Submitted: 01/09/2010 6:34 AM
  • Category: Miscellaneous
  • Words: 18729
  • Page: 75
  • Views: 1325


Since the end of the Second World War the international law related to the status of refugees has undoubtedly reflected a growing concern for human rights as the protection of refugees necessarily involves a deep understanding of human rights and their violation. Now, more than in the past, refugees can rely on a series of principles and declarations that identify human rights and the fundamental principles that should inspire international refugee law. The U.N. Charter states in Article 1 that the purpose of the Charter is the creation of international cooperation in ‘promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion’. Hence, the most important document of international refugee law reflects such a deep concern for human rights making reference to the possible violation of what is intrinsically worth protecting in every human being like their race, opinion, religious beliefs and national origins. In fact, Article 1A(2) of the Convention relating to the Status of Refugees of 1951, considers a refugee to be someone who

‘owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. ’[1].

This document is thus conceived to induce Member States to give full recognition and protection to an inviolable core of values that characterize the evolution of Human Rights in the last century. Whilst there seems to be unanimity on the need for the protection of certain characteristics like political opinions and that furthermore it utmost...

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