국제인권법상 난민의 보완적보호와 국내법제도 개선
Complementary Protection of Refugees under International Human Rights Law and Improving National Legal System
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Though current situations are that the refugees raise with a variety of reasons and kinds of persecution, the 1951 Refugee Convention and the 1967 Refugee Protocol define a refugee stringently. So in the thesis, based on protection and asylum system under the international human rights law, complementary protection to those who need various forms of international protection is emphasized. The case which provides the right to asylum in constitution of the state is rare but, with regional treaties and concrete directives this right has been indirectly realized. Two categories of rights are granted to refugees - partly being duplicated -, the one is the individual right which international human rights law and domestic law guarantee, the other is the special right relating to refugee status by Refugee Convention. Without Asian regional human rights treaties concerning asylum system, it is necessary to introduce 'complementary protection' to give those outside Refugee Convention definition who but need international protection, with considering the Final Protocol Recommendations of E, article 7 of 1966 International Covenant on Civil and Political Rights, article 3 of 1984 Convention against Torture and Othe Cruel, Inhuman or Degrading Treatment or Punishment, article 45 paragraph 4 of 1949 Geneva Convention, 1985 Convention on the Rights of the Child, UNHCR Executive Committee's decision 22, and other regional refugee protection instruments. Whether individuals need international protection is the problem judging from the fact that life, human dignity and physical security will be threatened as the object of `principle of non-refoulement'. While on personal side this effort is realization of 'right to asylum' as universal human rights declared on Universal Declaration of Human Rights, on community side it will become the work which contributes world peace and safety.
Abstract
Though current situations are that the refugees raise with a variety of reasons and kinds of persecution, the 1951 Refugee Convention and the 1967 Refugee Protocol define a refugee stringently. So in the thesis, based on protection and asylum system under the international human rights law, complementary protection to those who need various forms of international protection is emphasized. The case which provides the right to asylum in constitution of the state is rare but, with regional treaties and concrete directives this right has been indirectly realized. Two categories of rights are granted to refugees - partly being duplicated -, the one is the individual right which international human rights law and domestic law guarantee, the other is the special right relating to refugee status by Refugee Convention. Without Asian regional human rights treaties concerning asylum system, it is necessary to introduce 'complementary protection' to give those outside Refugee Convention definition who but need international protection, with considering the Final Protocol Recommendations of E, article 7 of 1966 International Covenant on Civil and Political Rights, article 3 of 1984 Convention against Torture and Othe Cruel, Inhuman or Degrading Treatment or Punishment, article 45 paragraph 4 of 1949 Geneva Convention, 1985 Convention on the Rights of the Child, UNHCR Executive Committee's decision 22, and other regional refugee protection instruments. Whether individuals need international protection is the problem judging from the fact that life, human dignity and physical security will be threatened as the object of `principle of non-refoulement'. While on personal side this effort is realization of 'right to asylum' as universal human rights declared on Universal Declaration of Human Rights, on community side it will become the work which contributes world peace and safety.
참고문헌 (22)
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