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non-refoulement

English translation: protection from being deported/returned to a country in which one could be subjected to torture


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:non-refoulement
English translation:protection from being deported/returned to a country in which one could be subjected to torture
Entered by: AAO
Options:
- Contribute to this entry
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18:34 May 24, 2010
English to English translations [PRO]
Social Sciences - Government / Politics
English term or phrase: non-refoulement
The obligation of Article 3 of the Convention places the burden of proof on a claimant for non-refoulement to demonstrate that there are substantial grounds for believing that he / she would be in danger of being subjected to torture upon removal to the country concerned
AAO
Iran
Local time: 05:36
protection from being deported/returned to a country in which one could be subjected to torture
Explanation:
"The principle of non-refoulement is a cornerstone of international law. This principle is set out in the 1951 Refugee Convention, article 33 (1) of which states that “No Contracting State shall expel or return ("refouler") a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion”.1 The convention does list a number of grounds on which a person may be refouled. According to article 33 (2), the ban on forcibly returning refugees to a country where they may face persecution does not apply to a refugee “whom there are reasonable grounds for regarding as a danger to the security of the country in which he is or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country”. However, this provision is only valid under highly exceptional circumstances: for it to be applicable it must be proved that there is a direct link between the presence of a refugee in the territory of a particular country and a national security threat to that country."
http://www.ihf-hr.org/viewbinary/viewdocument.php?doc_id=673...

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Note added at 8 mins (2010-05-24 18:43:30 GMT)
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...torture, death, or certain other forms of oppression
(wouldn't fit in answer field)
Selected response from:

fvasconcellos
Brazil
Local time: 22:06
Grading comment
many thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1protection from being deported/returned to a country in which one could be subjected to torturefvasconcellos
4(the burden of proof) for non-deportation (to home country)Ellen Kraus
2protection from repatriation
Jonathan MacKerron
Summary of reference entries provided
Non-refoulementfvasconcellos

Discussion entries: 1





  

Answers


6 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
protection from repatriation


Explanation:
in so many words, see the wiki entry that explains it in detail


    Reference: http://en.wikipedia.org/wiki/Non-refoulement
Jonathan MacKerron
Local time: 03:06
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
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7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
protection from being deported/returned to a country in which one could be subjected to torture


Explanation:
"The principle of non-refoulement is a cornerstone of international law. This principle is set out in the 1951 Refugee Convention, article 33 (1) of which states that “No Contracting State shall expel or return ("refouler") a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion”.1 The convention does list a number of grounds on which a person may be refouled. According to article 33 (2), the ban on forcibly returning refugees to a country where they may face persecution does not apply to a refugee “whom there are reasonable grounds for regarding as a danger to the security of the country in which he is or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country”. However, this provision is only valid under highly exceptional circumstances: for it to be applicable it must be proved that there is a direct link between the presence of a refugee in the territory of a particular country and a national security threat to that country."
http://www.ihf-hr.org/viewbinary/viewdocument.php?doc_id=673...

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Note added at 8 mins (2010-05-24 18:43:30 GMT)
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...torture, death, or certain other forms of oppression
(wouldn't fit in answer field)

fvasconcellos
Brazil
Local time: 22:06
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 4
Grading comment
many thanks

Peer comments on this answer (and responses from the answerer)
agree  Stephanie Ezrol
6 hrs
  -> Thank you, Stephanie!
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26 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
(the burden of proof) for non-deportation (to home country)


Explanation:
I´d say; or you leave the term non-refoulement which is a standing one in jurisdiction

Ellen Kraus
Local time: 03:06
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 8
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Reference comments


6 mins
Reference: Non-refoulement

Reference information:
Non-refoulement is a principle in international law, specifically refugee law, that concerns the protection of refugees from being returned to places where their lives or freedoms could be threatened. Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution based on membership in a social group or class of persons, non-refoulement refers to the generic repatriation of people, generally refugees into war zones and other disaster areas... The principle of "refoulement" was officially enshrined in the 1951 Convention Relating to the Status of Refugees and is also contained in Art 3 of the 1984 Torture Convention.

More here:
http://en.wikipedia.org/wiki/Non-refoulement

fvasconcellos
Brazil
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 4
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