Non-penalization and non-criminalization
This chapter reviews the protections under international law which purport to secure refugees’ right to seek asylum by protecting them from penalization. Once a mere administrative matter, irregular migration and presence are now often made a crime in domestic laws, often with additional criminal of...
| Main Authors: | , |
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| Format: | Book section |
| Language: | English |
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Oxford University Press
2021
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| _version_ | 1797110382896087040 |
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| author | Costello, C Ioffe, Y |
| author2 | Costello, C |
| author_facet | Costello, C Costello, C Ioffe, Y |
| author_sort | Costello, C |
| collection | OXFORD |
| description | This chapter reviews the protections under international law which purport to secure refugees’ right to seek asylum by protecting them from penalization. Once a mere administrative matter, irregular migration and presence are now often made a crime in domestic laws, often with additional criminal offences such as for failure to cooperate in migration and asylum proceedings, or failure to have or produce identity documentation. In addition to criminalization, States also have meted out increasingly harsh treatment to those who breach their migration controls, irrespective of whether they are refugees or not. The chapter then analyses article 31 of the Refugee Convention, the provision which purports to protect refugees from penalization for ‘illegal entry and stay’. It argues that non-penalization reflects one of the objects and purposes of the Refugee Convention. The chapter also explores whether international human rights law substantively limits States’ ‘right’ to criminalize irregular entry and stay, and whether non-penalization of irregular entry or stay may be an emerging general principle of law. |
| first_indexed | 2024-03-07T07:54:13Z |
| format | Book section |
| id | oxford-uuid:32f2ffbb-1e55-47a3-852e-c38dca5e6ba2 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T07:54:13Z |
| publishDate | 2021 |
| publisher | Oxford University Press |
| record_format | dspace |
| spelling | oxford-uuid:32f2ffbb-1e55-47a3-852e-c38dca5e6ba22023-08-08T11:29:44ZNon-penalization and non-criminalizationBook sectionhttp://purl.org/coar/resource_type/c_1843uuid:32f2ffbb-1e55-47a3-852e-c38dca5e6ba2EnglishSymplectic ElementsOxford University Press2021Costello, CIoffe, YCostello, CFoster, MMcAdam, JThis chapter reviews the protections under international law which purport to secure refugees’ right to seek asylum by protecting them from penalization. Once a mere administrative matter, irregular migration and presence are now often made a crime in domestic laws, often with additional criminal offences such as for failure to cooperate in migration and asylum proceedings, or failure to have or produce identity documentation. In addition to criminalization, States also have meted out increasingly harsh treatment to those who breach their migration controls, irrespective of whether they are refugees or not. The chapter then analyses article 31 of the Refugee Convention, the provision which purports to protect refugees from penalization for ‘illegal entry and stay’. It argues that non-penalization reflects one of the objects and purposes of the Refugee Convention. The chapter also explores whether international human rights law substantively limits States’ ‘right’ to criminalize irregular entry and stay, and whether non-penalization of irregular entry or stay may be an emerging general principle of law. |
| spellingShingle | Costello, C Ioffe, Y Non-penalization and non-criminalization |
| title | Non-penalization and non-criminalization |
| title_full | Non-penalization and non-criminalization |
| title_fullStr | Non-penalization and non-criminalization |
| title_full_unstemmed | Non-penalization and non-criminalization |
| title_short | Non-penalization and non-criminalization |
| title_sort | non penalization and non criminalization |
| work_keys_str_mv | AT costelloc nonpenalizationandnoncriminalization AT ioffey nonpenalizationandnoncriminalization |