States’ Obligations Towards Refugees
This chapter argues that safe third country mechanisms are not satisfactory from the perspective of refugee protection. The analysis of the non-refoulement principle under international refugee and human rights law and of other human rights obligations suggests that the current implementation of these arrangements entails serious risks for refugees' rights. Given that protection standards differ so much between States, adequate implementation in compliance with international law requires that national authorities determine on an individual basis whether a third country would provide effective protection to the refugee and that removal to such a country be based on an explicit agreement, so as to guarantee that the asylum claim will be examined on its merits and in accordance with basic procedural safeguards and international law.
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