The Principle of Non-refoulement and the Protection of Converts : A Case Study on Converts in International Human Rights Law

University essay from Uppsala universitet/Teologiska institutionen

Author: Alexandra Tawaifi; [2019]

Keywords: ;

Abstract: The aim of this thesis is to answer the questions: Is the principle of non-refoulementprotecting converts under international law? Is there any difference in the determination of non-refoulementof convertsdepending on supervising body? And if so, is it considered discrimination against converts?  These questions are answered by examining three cases from the ECtHR and five from the HRC. The research is conducted with the help of two methods and one theory. First, the thesis establishes the applicable law by using the legal dogmatic method and then compares the cases from the respective supervising bodies with the comparative legal method. The discrimination theory is essential to answer the third question of the thesis.  With regards to the number of cases examined, research indicates that the principle of non-refoulementprotects converts to a certain extent under international law but not fully. It also indicates that there is a difference in the assessment of non-refoulementof converts depending on the supervising body that assessed and that one of the supervising bodies is negatively treating converts despite the morally irrelevant characteristics of the genuineness of converts. This can be considered discrimination against converts.

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