Human rights and refugees: the human rights violation before and after the refugee status determination

Author(s)

Thais Silva Menezes

• Document type: Master's Dissertation
• Press: São Paulo.
• Institution: Universidade de São Paulo (USP). Instituto de Relações Internacionais (IRI)
• Defense date: 2012-03-06

Examining board members

Rossana Rocha Reis; Adriana Capuano de Oliveira; João Paulo Candia Veiga

• Advisor: Rossana Rocha Reis

Abstract

Given its definition and the way it operates in the present, the refuge can be characterized by two moments: the one before the refugee status determination process - which comprises the life conditions that lead to the flight and justify the admission of a refugee in another country -; and the one after this process - which consists of the life conditions in the asylum country (the so-called protection phase). The refuge bonds two domains which aim to assure the international protection: the human rights international regime and the refugee international regime. Presently, it has been recognized that there is a fundamental tie between these two spheres, mainly in relation to the historical and philosophical approximation, nevertheless, there still are opinions which advocates against such linking. This research aims to develop an analysis about the relation that exists between human rights and refuge in the moments before and after the refugee status determination. In respect to the first, aiming to demonstrate the impossibility of disconnecting the contemporaneous concept of international protection and the recognition and guarantee of human rights, starting from a bibliographic review, it is argued that the human rights violation is always the reason that yields to the refugee status determination. Regarding the second one, we aim to analyze how the UNHCR, main organization for dealing with the issue, has manifested its opinions about the refugee human rights in the asylum countries - using as parameter some of its publications and revealing how the world politics has been a key factor to the way this agency expresses itself respecting to the rights violations in the asylum countries. (AU)

• FAPESP's process: 09/12725-4 - Human rights and forced migration: rights violation before and after the grant of asylum
• Grantee: Thais Silva Menezes
• Support Opportunities: Scholarships in Brazil - Master