REFOULEMENT Meaning and
Definition
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Refoulement is a term used in international law and human rights to refer to the involuntary return or expulsion of individuals to a country where they may face persecution or serious harm. It is a principle that prohibits the forcible return of individuals to a place where their life, liberty, or fundamental rights would be at risk.
The concept of refoulement is grounded in the principle of non-refoulement, which emerged from the 1951 United Nations Convention relating to the Status of Refugees. According to this convention, states are prohibited from returning refugees to a country where they would be subjected to persecution based on their race, religion, nationality, membership of a particular social group, or political opinion.
Refoulement can occur through various means, such as expulsion, deportation, or extradition, and can be both direct and indirect. For instance, denying individuals access to asylum procedures or refusing to provide protection can also be considered as refoulement.
The principle of non-refoulement is considered a customary norm in international law, applicable to all states, regardless of whether they have ratified the Refugee Convention. It is recognized as a fundamental human rights principle and is often seen as a cornerstone of refugee protection. States are bound by this principle and must ensure that individuals seeking asylum are not returned to countries where they are at risk of persecution or harm.
Etymology of REFOULEMENT
The word "refoulement" comes from the French language. It has its origins in the verb "refouler", which means "to push back" or "to repel". The suffix "-ment" is added to the verb to form the noun "refoulement", which refers to the act of pushing back or repelling. This term is often used in the context of international law and human rights to describe the forced return of refugees or asylum-seekers to a country where they may face persecution or harm.
