人权保护中的国际难民:国际人道法与人权法的话语

S. Supriyadi
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引用次数: 0

摘要

难民被定义为由于种族、宗教、国籍、某些社会团体和政党的成员身份等原因而对迫害有合理恐惧的人,他们不在其国籍范围内,不希望得到国家的保护。当难民离开他们的祖国或居住地时,他们离开了他们的生活、家园、财产和家庭。这些难民不能得到本国的保护,因为他们被迫离开自己的国家。因此,保护和援助他们是国际社会的责任。在接收难民的国家,他们经常遭受非人道待遇,如强奸、攻击、歧视、强迫遣返,这些都导致人权受到侵犯。国际和区域都有关于难民问题中的人权的规定,例如1951年《关于难民地位的公约》和1967年《关于难民地位的议定书》。难民至少有五项基本权利,即受保护不被强迫返回原籍国(不驱回)的权利、寻求庇护的权利、获得平等和不受歧视的权利、生活和得到保障的权利以及返回家园的权利。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
International Refugees in The Protection of Human Rights: A Discourse of International Humanitarian Law and Human Rights Law
Refugees are defined as people who are due to a reasonable fear of persecution, caused by reasons of race, religion, nationality, membership in certain social groups and political parties, are outside their nationality and do not want protection from the country. When refugees leave their home country or residence, they leave their lives, homes, possessions and family. The refugees cannot be protected by their home country because they are forced to leave their country. Therefore, protection and assistance to them is the responsibility of the international community. In countries receiving refugees, they often experience inhumane treatment such as rape, assault, discrimination, repatriated by force, those lead to the violation of human rights. There has been regulation for human rights in refugee issues both internationally and regionally, for instance Convention related to Status of Refugee 1951 and The Protocol related to the Status of Refugee 1967. There are at least five basic rights of refugees, they are the right to be protected from returning to the country of origin forcibly (non refoulement), the right to seek asylum, the right to obtain equality and non-discrimination, the right to live and to be secured, as well as the right to return home.
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