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International legal protection of refugees persecuted for reasons of sexual orientation and gender identity
Bedaňová, Jana ; Lipovský, Milan (referee)
International Legal Protection of Refugees Persecuted for Reasons of Sexual Orientation and Gender Identity: A Critique of the Human Rights Approach Abstract This thesis examines the human rights approach to the interpretation of the definition of refugee by using the example of persons persecuted on the grounds of sexual orientation and/or gender identity (SOGI). The thesis focuses primarily on the European area and how a human rights approach to the interpretation of 'persecution' may be relevant to the practice of European Union states specifically in relation to SOGI refugees. The first part outlines the context of persecution of persons fors reasons of their SOGI. It examines the criteria by which SOGI is, and potentially can be, subsumed under the relevant grounds of persecution for refugee status. The second part outlines the different approaches to interpreting the concept of persecution and elaborates more on the so-called 'circumstantial' approach embodied by UNHCR. The third part is devoted to elucidating the doctrine of the human rights approach pioneered by James Hathaway and his book The Law of Refugee Status. The fourth part examines the approach of human rights monitoring mechanisms to failed asylum seekers fearing persecution on the grounds of SOGI. It analyses the decisions of the...
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The non-refoulement principle and the sovereignty of state
Dudek, Vavřinec ; Flídrová, Eliška (advisor) ; Honusková, Věra (referee)
The non-refoulement principle and the sovereignty of state Abstract This master thesis deals with the relationship between the principle of non-refoulement and the sovereignty of state as fundamental principles of refugee and international law respectively. The thesis is primarily devoted to the interpretation and application of these principles in a European context. The text of the thesis is divided into three chapters. The first chapter describes the concept of non-refoulement. First, it is given here in what legal sources the principle of non-refoulement can be found. Then it is set out what the purpose of this principle is, when and under what conditions it applies, who is bound by it and which people it protects. Attention is also paid to different forms the principle of non-refoulement takes in various subsystems of international law and its nature in terms of international law sources. The second chapter focuses on the sovereignty of state. A brief historical development of this concept is presented in the introduction of the chapter. Subsequently, the current perception of sovereignty is laid out. The chapter focuses in more detail first on the basic definition of sovereignty, then on the differences between the views held by doctrine, states themselves and international courts. In the third, final...
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The application of the non-refoulement principle at sea
Flídrová, Eliška ; Honusková, Věra (advisor) ; Scheu, Harald Christian (referee)
in English - The application of the non-refoulement principle at sea The aim of my thesis is to analyse how one of very important principles of the international law- the non-refoulement principle is applied at sea and what questions should the states bound by this principle ask in order to apply it properly. The thesis itself is composed of three main chapters. Chapter One deals with the non-refoulement in general and defines its content and how this principle is enshrined in international and regional documents. I also examine what are the aspects of the prohibition of refoulement in customary law and whether can it be at present considered as Customary International Law or not. In Chapter Two the excursion into Maritime Law occurs and also indispensable definition of individual maritime zones of Internal Waters, Territorial Waters, Contiguous Zone and High Seas is provided. In this chapter I also focus on the possible application of the non- refoulement outside the state's territory, i.e. its extraterritorial impact. Last but not least in regard to the operations held at sea it is necessary to define their character and different rights and duties arising from them. Subchapters deal with the "search and rescue" and also with the maritime interdiction programs issues whereas the Tampa case and...
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The non-refoulement principle in international law and the law of the European Union: a comparison
Smutná, Anna ; Honusková, Věra (advisor) ; Balaš, Vladimír (referee)
1 Abstract This thesis deals with the key principle of international refugee law which is the principle of non-refoulement. In the broadest sense of the term, the principle forbids the forced removal or 'refoulement' of an individual to the territories where he would run a risk of being subjected to the violation of his basic human rights. The non-refoulement principle was enshrined in the 1951 Convention Relating to the Status of Refugees but it was also developed in international human rights treaties such as the International Covenant on Civil and Political Rights or regional European Convention for the Protection of Human Rights and Fundamental Freedoms. Its expression can also be found in Common European Asylum System shared by the Member States of the European Union. The first goal of the thesis is to find out the precise content of the non-refoulement principle with regard to its development and current interpretation in international law. The second aim of the study is to analyze the same principle in the context of European Union law and to assess the compliance of this system with international law. For the sake of clarity, the thesis is composed of two main chapters. Chapter One examines the meaning of the principle in the Convention Relating to the Status of Refugees and takes into consideration...
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International Legal Protection of Refugees Persecuted for Reasons of Sexual Orientation and Gender Identity
Bedaňová, Jana ; Honusková, Věra (advisor) ; Flídrová, Eliška (referee)
International Legal Protection of Refugees Persecuted for Reasons of Sexual Orientation and Gender Identity: A Critique of the Human Rights Approach Abstract This thesis examines the human rights approach to the interpretation of the definition of refugee by using the example of persons persecuted on the grounds of sexual orientation and/or gender identity (SOGI). The thesis focuses primarily on the European area and how a human rights approach to the interpretation of 'persecution' may be relevant to the practice of European Union states specifically in relation to SOGI refugees. The first part outlines the context of persecution of persons fors reasons of their SOGI. It examines the criteria by which SOGI is, and potentially can be, subsumed under the relevant grounds of persecution for refugee status. The second part outlines the different approaches to interpreting the concept of persecution and elaborates more on the so-called 'circumstantial' approach embodied by UNHCR. The third part is devoted to elucidating the doctrine of the human rights approach pioneered by James Hathaway and his book The Law of Refugee Status. The fourth part examines the approach of human rights monioring mechanisms to failed asylum seekers fearing persecution on the grounds of SOGI. It analyses the decisions of the Committee...
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Application of Non-refoulement Principle in relation to National Security
Stejskal, Zdeněk ; Flídrová, Eliška (advisor) ; Honusková, Věra (referee)
English Abstract Application of Non-refoulement Principle in relation to National Security Both national security and the principle of non-refoulement play a crucial role in the modern and rapidly changing world of today's refugees and migrants. On one hand, it is the international legal obligation of states not to return, or refouler, those who might be in danger of torture or various other types of undesirable treatment in their home countries. On the other, it is the legitimate concern of the each and every state for the safekeeping of its vital interests, all together understood as the state's national security. The analysis and clarification of the complicated and often tense relationship between the two phenomena is the aim of the presented thesis. Both descriptive and analytical methods are used in this thesis. The practice of states in individual cases is analysed thoroughly via the relevant decisions of judicial and quasi-judicial authorities. The scope of this paper is limited solely to Euro-American perspective. Detailed chapters dedicated to defining both of the examined phenomena play a crucial role in this paper. Since the definition of non-refoulement differs throughout various areas of international law, it would be hard to apply it correctly without full understanding of this principle....
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The Principleof Non-refoulement and the Concept of SafeCountries
Brychtová, Karolína ; Honusková, Věra (advisor) ; Flídrová, Eliška (referee)
This thesis deals with the safe country concept; within which we can further distingiush two concepts - the one of a safe country of origin and that of a safe third country. When applying the safe country concept, states are limited by their obligations which stem from international law, in particular by the principle of non-refoulement. Furthermore, the concept of safe countries cannot be analyzed nor applied without taking the non-refoulement principle into consideration. The non-refoulement principle is therfore one of the main topics of this thesis. It is viewed primarily trough the lens of the definition given by the Geneva Convention Relating to the Status of Refugees of 1951 and the New York Protocol Relating to the Status of Refugees of 1967. The goal of this thesis is to determine, whether the concept of safe countries is indeed in accordance with the non-refoulement principle. We will subsequently try to answer the question of how influential the principle is (and should be) in terms of states that follow the concept of safe countries. The main concern of this thesis is the application of the safe country concept in Europe, or more precisely in the European Union. The european safe country legislation belongs to the so-called Common European Asyulm System. The centrepiece of this legal...
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The nature and scope of the non-refoulement principle
Cenklová, Tereza ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
in English This thesis deals with the key principle of international refugee law which is the principle of non-refoulement. Thanks to this principle, entitled persons are protected from being returned to their country of origin where they would be in danger on the grounds listed in particular documents. The aim of my thesis is to define and analyze the nature, scope and content of this principle in particular international and regional documents and their subsequent comparison. The thesis itself is composed of seven main chapters. Chapter one contains a brief definition of the documents where the principle of non-refoulement is enshrined. Chapter two deals with the scope of the principle. The personal and territorial scope is examined in this chapter. In the third chapter, I focus on the nature of the principle in particular documents, the presence and interpretation of exceptions to the principle. I analyze primarily the Convention Relating to the Status of refugees in this chapter, since this Convention is the one containing exceptions to the principle. In the fourth chapter, I focus on the detailed analysis of the nature, scope and content of the principle in the particular documents. I examine which parts of the principle are identical or similar in those documents and which of them differ....
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The non-refoulement principle in international law and the law of the European Union: a comparison
Smutná, Anna ; Honusková, Věra (referee) ; Balaš, Vladimír (referee)
1 Abstract This thesis deals with the key principle of international refugee law which is the principle of non-refoulement. In the broadest sense of the term, the principle forbids the forced removal or 'refoulement' of an individual to the territories where he would run a risk of being subjected to the violation of his basic human rights. The non-refoulement principle was enshrined in the 1951 Convention Relating to the Status of Refugees but it was also developed in international human rights treaties such as the International Covenant on Civil and Political Rights or regional European Convention for the Protection of Human Rights and Fundamental Freedoms. Its expression can also be found in Common European Asylum System shared by the Member States of the European Union. The first goal of the thesis is to find out the precise content of the non-refoulement principle with regard to its development and current interpretation in international law. The second aim of the study is to analyze the same principle in the context of European Union law and to assess the compliance of this system with international law. For the sake of clarity, the thesis is composed of two main chapters. Chapter One examines the meaning of the principle in the Convention Relating to the Status of Refugees and takes into consideration...
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The application of the non-refoulement principle at sea
Flídrová, Eliška ; Honusková, Věra (advisor) ; Scheu, Harald Christian (referee)
in English - The application of the non-refoulement principle at sea The aim of my thesis is to analyse how one of very important principles of the international law- the non-refoulement principle is applied at sea and what questions should the states bound by this principle ask in order to apply it properly. The thesis itself is composed of three main chapters. Chapter One deals with the non-refoulement in general and defines its content and how this principle is enshrined in international and regional documents. I also examine what are the aspects of the prohibition of refoulement in customary law and whether can it be at present considered as Customary International Law or not. In Chapter Two the excursion into Maritime Law occurs and also indispensable definition of individual maritime zones of Internal Waters, Territorial Waters, Contiguous Zone and High Seas is provided. In this chapter I also focus on the possible application of the non- refoulement outside the state's territory, i.e. its extraterritorial impact. Last but not least in regard to the operations held at sea it is necessary to define their character and different rights and duties arising from them. Subchapters deal with the "search and rescue" and also with the maritime interdiction programs issues whereas the Tampa case and...
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