Question

Select the passages in the United Nations’ 1951 Convention Relating to the Status of Refugees that specifically identify the rights of refugees. Selectable passages are marked with "{}"

Article 1: Definition of the Term “Refugee”

For the purposes of the present Convention, the term “refugee” shall apply to any person who: As a result of events occurring before 1 January 1951 and {owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.} [ . . . ]

Article 2: General Obligations

{Every refugee has duties to the country in which he finds himself, which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order.}

Article 3: Non-Discrimination

{The Contracting States shall apply the provisions of this Convention to refugees without discrimination to race, religion, or country of origin.}

Article 4: Religion

The Contracting States shall accord to refugees within their territories {treatment at least as favourable as that accorded to their nationals with respect to freedom to practice their religion and freedom as regards the religious education of their children.} [ . . . ]

Article 16: Access to Courts

{A refugee shall have free access to the courts of law on the territory of all Contracting States.} [ . . . ]

Article 22: Public Education

The Contracting States shall accord to refugees {the same treatment as is accorded to nationals with respect to elementary education.} [ . . . ]

Article 33: Prohibition of Expulsion or Return (“Refoulement”)

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 race, religion, nationality, membership of a particular social group or political opinion.

{The benefit of the present provision may not, however, be claimed by 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.}

Answer 1

Selected passages that specifically identify refugees’ rights:

- Article 3: "The Contracting States shall apply the provisions of this Convention to refugees without discrimination to race, religion, or country of origin."

- Article 4: "treatment at least as favourable as that accorded to their nationals with respect to freedom to practice their religion and freedom as regards the religious education of their children."

- Article 16: "A refugee shall have free access to the courts of law on the territory of all Contracting States."

- Article 22: "the same treatment as is accorded to nationals with respect to elementary education."

Notes: The marked passage in Article 1 is a definitional element, Article 2 sets out refugees’ duties, and the marked passage in Article 33 is an exception/limitation to the non-refoulement protection rather than a positive right.