Page 46 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
of that country” 5
Rights and Protections
International refugee laws establish range of rights from the
protection for individuals who are deemed as refugees by
employing these approaches to the refugee crisis. People who fall
into this category have the right to non-refoulement, which means
that they cannot be returned by the states to any country where
their lives and freedom are likely to be put in danger. Besides, the
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refugees are also guaranteed the elementary human rights such as
the freedom to work and be able to study in school and given these
fundamental health services. It is the legal framework that also
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determines for family unity and anti-bias, so that no discrimination
is there, and all refugees are treated in a fair and dignified manner.
Principle of Non-Refoulement
Primarily in the international refugee laws, the principle of
non-refoulement which is a clause in Article 33 of the Refugee
Convention 1951, has been widely established. To this effect,
the principle prohibits states from sending/turning refugee to
those territories where their use of human life and freedom is
endangered. The right not to be sent back, or non-refoulement, can
be attributed to state commitments on the level of customary norm
of international law, which are not dependent on the ratification of
any particular treaties. 8
Sri Lankan Legal Framework
The Sri Lankan refugee protection model comprises of national
regulatory instruments and treaties, namely domestic laws, policies
and international instruments. This segment dwells on the structure
5 Article 1 of the Refugee Convention 1951
6 Hugo Storey ‘Armed Conflict in Asylum Law: The “War-Flaw’ (31(2) Refugee Survey
Quarterly 2012) 1-33.
7 James C. Simeon,‘Complicity and Culpability and the Exclusion of Terrorists From
Convention Refugee Status Post-9/11’ (29(4) Refugee Survey Quarterly 2010) 104-135.
8 Guy S Goodwin-Gill and Jane McAdam, The Refugee in International Law (3 edn,
rd
Oxford University Press 2007) 245-269.
law.faculty@kdu.ac.lk
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