Non-refoulement

Called the principle of non-refoulement, including non-refoulement principle, or (from the French non-refoulement ) non-refoulement requirement or prohibition of refoulement is a principle of international law, which prohibits the return of persons to countries where they risk torture or other serious human rights violations. It is recognized as a fundamental principle of international humanitarian dealing with refugees.

The principle is enshrined in Article 33 of the Geneva Convention of July 1951, as supplemented by the New York Protocol of 31 January 1967. No State shall therefore return a refugee to a country where there is a risk that there his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. He is also enshrined in Article 3 of the UN Convention against Torture. Accordingly, a Party shall not expel a person to another State, deport or extradite those where there are substantial grounds for believing that he would be there in danger of being tortured.

The principle is derived from the principles that are laid down in the European Convention on Human Rights - the right to life (Article 2) and the prohibition of torture, inhuman or degrading treatment or punishment (Article 3) and the abolition of the death penalty according to § 6 and § 13 of the Additional Protocol of 3 May 2002 - as well as in the International Covenant on Civil and political Rights ( ICCPR ) established principles.

European secondary legislation

The European secondary legislation, the principle is, inter alia, confirmed the Qualification Directive in Article 5 ( " principle of non-refoulement, best interests of the child, family ties and health " ) of the Return Directive and Article 21 ( " Protection from refoulement ").

The principle of non-refoulement is violated when persons reported without further investigation, deported or refused entry at the border. However, a problem is how to deal with refugees, traveling across the Mediterranean to Europe, and for dealing with asylum applications, at the intercept, control or rescue sees the secondary European legislation (as of 2011) does not own arrangements before.

The Frontex guidelines take in paragraph 1.2, the principle of non-refoulement reference; the resolution of these guidelines, however, was explained by the Court on the ground that he change the essential provisions of the Schengen Borders Code as well as the content of the FRONTEX Regulation, but without the necessary involvement of the European Parliament came about.