The Convention acknowledges that the Charter of the United Nations and the Universal Declaration of Human Rights “affirmed the principle that human beings shall enjoy fundamental rights and freedoms without discrimination.” To address the profound concern for refugees and its desire to revise and consolidate previous international agreements relating to the status of refugees, the Parties drafted the Convention, acknowledging that the granting of asylum may place unduly heavy burdens on certain countries. The Convention sets out the rights to be granted to refugees and the mechanism for monitoring compliance by States Parties with the Convention in the following broad areas:
- Juridical Status (Chapter II);
- Gainful Employment (Chapter III);
- Welfare (Chapter IV); and
- Administrative Measures (Chapter V).
Article 2 of the Convention imposes duties on the refugee that he/she “conform to the laws and regulations as well as to measures taken for the maintenance of public order” of the country in which he/she has sought refuge.
The Convention sets out rights States Parties are to grant to refugees relating to:
- Non-discrimination as to race, religion, or country of origin (Article 3);
- Personal status (such as marriage) (Article 12);
- Movable and immovable property (Article 13);
- Artistic rights and industrial property (Article 14);
- Right to association (Article 15);
- Access to courts (Article 16);
- Wage-earning employment (Article 17);
- Self-employment (Article 18);
- Liberal professions (Article 19);
- Rationing (Article 20);
- Housing (Article 21);
- Public education (Article 22);
- Public relief (Article 23);
- Labour legislation and social security (Article 24);
- Administrative assistance (such as documents or certifications) (Article 25);
- Freedom of movement (Article 26);
- Identity papers (Article 27);
- Travel documents (Article 28);
- Fiscal charges (Article 29);
- Transfer of assets (Article 30);
- Refugees unlawfully in the country of refuge (Article 31);
- Expulsion (Article 32);
- Prohibition of expulsion or return (“refoulement”) (Article 33); and,
- Naturalization (Article 34).
Article 35 requires the States Parties to co-operate with the UNHCR and to provide information on:
- The condition of refugees;
- The implementation of the Convention; and,
- Laws, regulations and decrees that are, or may hereafter be, in force relating to refugees.
The cornerstone of the Convention is the principle of non-refoulement contained in Article 33. According to this principle, a refugee should not be returned to a country where he or she faces serious threats to his or her life or freedom. A refugee seeking protection must not be prevented from entering a country as this would amount to refoulement. The principle of non-refoulement is considered a rule of customary international law. As such it is binding on all States, regardless of whether they have acceded to the 1951 Convention or 1967 Protocol. This protection may not be claimed by refugees who are reasonably regarded as a danger to the security of the country, or having been convicted of a particularly serious crime, are considered a danger to the community.
Some basic rights, including the right to be protected from refoulement, apply to all refugees. A refugee becomes entitled to other rights the longer they remain in the host country, which is based on the recognition that the longer they remain as refugees, the more rights they need.
The 1967 Protocol broadens the applicability of the 1951 Convention. The 1967 Protocol removes the geographical and time limits that were part of the 1951 Convention. These limits initially restricted the Convention to persons who became refugees due to events occurring in Europe before 1 January 1951.