The principle of non-refoulement in the context of the European Convention on Human Rights and the international covenant on civil and political rights

The principle of non-refoulement simply means that a person is not refouler back to a country where their life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion. This principle was first introduced in international conventions in response to intense human rights violations during World War II. One of the most important conventions involving the principle of non-refoulement was the 1951 Geneva Convention on the Status of Refugees; however, this principle is included in many other universal and regional regulations. In some conventions, the principle of non-refoulement is not explicitly included, but certain articles included in conventions, particularly on the right to life and the prohibition of torture are considered to lead to non-refoulement obligations for the States Parties. The purpose of this study is to examine how the principle of non-refoulement is dealt with in the context of the European Convention on Human Rights and the International Covenant on Civil and Political Rights, demonstrating the importance of non-refoulement principle in terms of both refugee and human rights law. In order to better understand the subject, we provide an evaluation of decisions of the Human Rights Committee and the European Court of Human Rights which have a bearing on the principle. Keywords: Principle of Non-Refoulement, Non-Refoulement Obligation, Right to Life, Prohibition of Torture, ECHR, Human Rights Committee.