INTERNATIONAL HUMAN RIGHTS LAW AND THE IMBIBED PRINCIPLE OF NON REFOULMENT

Abstract

International Human Rights Law mainly deals with the rights of individuals that an individual must ideally have in order to live a life of dignity in the world and to have at least the rights essential for a person to survive. International Human Rights Law mainly comprises of the Universal Declaration on Human Rights (UDHR) as its principal document along with International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR) as its supplementary documents. The UDHR, ICCPR as well as ICESCR have been widely signed and ratified. The principle of Non Refoulment is elaborately explained in the United Nations Convention Relating to Status of Refugees, 1951 as well as its additional protocols. Only 145 countries are signatories to the convention and 146 are signatories to the additional protocol. The countries which have refused to sign and ratify the 1951 convention but are a party to ICESCR, ICCPR and UDHR claim that the principle of Non Refoulment doesn’t apply to them whereas in actuality the principle of Non Refoulment is imbibed in the ICCPR which is a part of customary international law. The aim of this paper is to examine the implications of International Human Rights Law with special reference to the applicability of the principle of Non Refoulment as per the International Covenant on Civil and Political Rights.