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Cover International Human Rights Law

12. Rights for specific vulnerable persons  

Following on from the previous chapter on equality and non-discrimination, this chapter examines the additional systems of human rights protection in place for specific groups of people who are often disadvantaged and marginalized in societies. Six specific groups are considered: women, children, elderly, internally displaced persons, stateless persons, and refugees. It first explains why group rights evolved in a system of human rights that, from the outset, was supposed to be universal, and then discusses the particular needs of these groups, the evolving international and regional human rights framework, and the extent to which the legal framework addresses the needs of the group in question.


Cover International Law

26. International Refugee and Migration Law  

Geoff Gilbert and Anna Magdalena Rüsch

This chapter explores the definition of refugee status in international law, its scope and limitations and consequent protection gaps for those forcibly displaced, including internally displaced persons (IDPs), who have crossed no international border. There is no equivalent definition for migrants, but like refugees, asylum-seekers, and IDPs, international human rights law provides a framework for their protection. The chapter explains the difference between refugee status and asylum, focusing on non-refoulement in international law. It discusses the rights that are guaranteed during displacement, particularly those pertaining to detention and humanitarian relief. Given that refugee status is intended to be temporary, the final section looks at cessation and durable solutions, either following voluntary return, through local integration, or resettlement in some third State.