Refugee Survey Quarterly
Volume 34, Issue 1, 2015, Pages 79-106

Reframing relationships: Revisiting the procedural standards for refugee status determination in light of recent human rights treaty body jurisprudence (Article) (Open Access)

Cantor D.J.*
  • a School of Advanced Study, University of London, United Kingdom

Abstract

This article reassesses the question of whether international human rights law fixes procedural parameters for the determination of refugee status. Based on a detailed jurisprudential analysis, the study shows that Human Rights Treaty bodies of both universal and regional aspiration contribute positively to clarifying the minimum procedural standards applicable to this aspect of refugee protection. Drawing on recent groundbreaking decisions, the study finds general agreement among these transnational human rights bodies that human rights guarantees do regulate the process of refugee status determination. Nonetheless, it equally illustrates that each treaty body frames the applicability of human rights standards to refugee status determination in a different way. The article concludes that the tension between these two dynamics of the treaty body jurisprudence - convergence in result but divergence in approach - raises certain questions about our wider understanding of the relationship(s) between refugee law and human rights law. © Author(s) [2014].

Author Keywords

Refugee status determination Procedural guarantees refugee law human rights

Index Keywords

international law refugee human rights

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84925300831&doi=10.1093%2frsq%2fhdu017&partnerID=40&md5=b4027d05a4f12508499132eff4ff6bd9

DOI: 10.1093/rsq/hdu017
ISSN: 10204067
Cited by: 2
Original Language: English