ABSTRACT

This chapter examines the protection that is available for refugees under international law and the relationship between this and the need for humanitarian protection. It considers the bearing of international refugee law on inter-state relationships and the rights and duties of states towards refugees. Non-refoulement does not convey a right to asylum, but it does place strict limits on what a state may lawfully do. Canada was the first country to argue that Female genital mutilation (FGM) is a form of persecution and to acknowledge the protection rights of women and girls threatened with FGM. In 1951, same-sex activity was illegal in many countries, and homosexuals were widely considered to be deviant or mentally ill. In common-law jurisdictions like the UK, it is all the more important to uphold moral principles and affirm the values of humanity, justice, and decency in dealings with refugees and those who are seeking asylum.