Humane Rights: The Refugee Convention as a Blueprint

Jane McAdam
A INTRODUCTION
Since coming into force in 1954, the Refugee Convention1 has been the central international instrument on refugee status, supplemented by the 1967 Protocol2 which extended its temporal and (with respect to some States) geographical application. In the half-century since the Convention’s inception, international human rights law has evolved as a sophisticated system of rights and duties between the individual and the State, which has affected traditional notions of State sovereignty and behaviour in an unprecedented manner.3 Yet, despite the influence of ‘international human rights law’ in regulating State behaviour, there has been a general reluctance by States, academics and institutions to view human rights law, refugee law and humanitarian law as branches of an interconnected, holistic regime,4 particularly when it comes to triggering eligibility for protection beyond the scope of article 1A(2) of the Refugee Convention.

http://www.law.usyd.edu.au/scigl/Documents/McAdam.pdf