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TOWARD A NEW DEFINITION OF 'REFUGEE' IN INTERNATIONAL LAW

Resumo

International refugee law is grounded in treaties, customary international law, general principles of law, and national standards. The cornerstone for contemporary refugee protection is the 1951 Convention relating to the Status of Refugees and its 1967 New York Protocol, which were built on earlier international efforts to protect individuals fleeing persecution. Despite their limitations, these documents remain the most comprehensive legal frameworks codifying the rights of refugees. According to Article 1(A)2 of the Refugee Convention, a refugee is defined as an individual who, owing to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, is outside their country of nationality and is unable or unwilling to seek protection from that country. The tension between the moral imperative to assist those inadequately protected by their state of residence and the demands of state sovereignty has shaped both the formulation and application of this definition. The 1967 Protocol expanded the Convention's scope by removing temporal and geographic constraints, yet the definition still encompasses only a subset of forcibly displaced individuals. Moreover, the current refugee definition has been adapted into regional and national systems, such as the European asylum policy, which is based on a full and inclusive application of the 1951 Convention. The Stockholm Programme even recommended that the European Union seek accession to the Geneva Convention and its 1967 Protocol. Presented paper contends that the existing definition needs to be revised to address emerging refugee situations more effectively. By examining the shortcomings of the 1951 Convention and the 1967 Protocol, and proposing potential solutions, this study aims to enhance the legal protection and security for those who are most vulnerable. Updating the refugee definition is crucial for responding to contemporary displacement challenges and ensuring comprehensive protection for all forcibly displaced persons.