The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Legal Definitions - nonrefoulement

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Definition of nonrefoulement

Nonrefoulement is a core principle in international refugee law that prohibits countries from returning individuals to a place where they would face a serious threat to their life or freedom. This protection applies to refugees and asylum seekers who have fled persecution or serious harm in their home country, ensuring they are not sent back to a situation where they could be in grave danger.

Here are some examples illustrating the principle of nonrefoulement:

  • Example 1: Political Persecution

    A prominent journalist flees their home country after publishing articles critical of the authoritarian government. They fear arrest, torture, and indefinite detention if they remain. Upon reaching a neighboring country, they seek asylum.

    How it illustrates nonrefoulement: The principle of nonrefoulement would prevent the neighboring country from deporting the journalist back to their home country. Sending them back would expose them to the very political persecution and threats to their liberty that they sought to escape.

  • Example 2: Escape from Civil Conflict

    A family, including young children, escapes a region engulfed in a brutal civil war where their village was destroyed, and they witnessed widespread violence. They manage to cross the border into a stable, peaceful nation, seeking safety and protection.

    How it illustrates nonrefoulement: Under the principle of nonrefoulement, the stable nation cannot legally force this family to return to the war-torn region. Their lives would be in grave danger due to the ongoing conflict, and returning them would violate their right to protection from serious harm.

Simple Definition

Nonrefoulement is a core principle of international refugee law that protects individuals from being returned to a country where they would face a serious threat to their life or freedom. This right prevents states from expelling or returning a refugee to any place where their life or liberty would be endangered.

The difference between ordinary and extraordinary is practice.

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