THE ROLE OF INTERNATIONAL HUMAN RIGHTS LAW IN CLARIFYING THE NOTION OF

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KEYHANLOU F.

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Journal: PRIVATE LAW STUDIES Year:2009 | Volume:39 | Issue:1 Page(s): 235-254

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Information Journal Paper

Title

THE ROLE OF INTERNATIONAL HUMAN RIGHTS LAW IN CLARIFYING THE NOTION OF "MEMBERSHIP IN A PARTICULAR SOCIAL GROUP" AS A REASON FOR ACQUIRING REFUGEE STATUS

Author(s)

KEYHANLOU F. | Issue Writer Certificate

Keywords

REFUGEEQ2

MEMBERSHIP IN A PARTICULAR SOCIAL GROUPQ3

PERSECUTIONQ2

UN CONVENTION RELATING TO THE STATUS OF REFUGEESQ3

HUMAN RIGHTSQ2

Abstract

"Membership in a Particular Social Group" is one of the five protected reasons for obtaining REFUGEE status in the 1951 UN Convention relating to the Status of REFUGEEs and the most confusing one. To clarify this ambiguity and facilitate the recognition of Particular Social Group, scholars have sought to provide four main criteria which are PERSECUTION, ejusdem generic, the principle of non-discrimination and the violations of HUMAN RIGHTS. A brief examination of the national jurisprudence of the REFUGEE host states proves that on the one side, the role of the first criterion, PERSECUTION, has received only a limited support and on the other side none of the other criteria has been accepted as the main and only way to identify a Particular Social Group. Rather, it seems that the combination of the three remained factors has led national courts to refer to protected characteristics and social cognizability as the constituent elements of a Particular Social Group.

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References

THE CONCEPT OF PERSECUTION LEADING TO REFUGEE STATUS IN THE NATIONAL JURISPRUDENCE OF THE HOST COUNTRIES

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APA: Copy

KEYHANLOU, F.. (2009). THE ROLE OF INTERNATIONAL HUMAN RIGHTS LAW IN CLARIFYING THE NOTION OF "MEMBERSHIP IN A PARTICULAR SOCIAL GROUP" AS A REASON FOR ACQUIRING REFUGEE STATUS. PRIVATE LAW STUDIES, 39(1), 235-254. SID. https://sid.ir/paper/125104/en

Vancouver: Copy

KEYHANLOU F.. THE ROLE OF INTERNATIONAL HUMAN RIGHTS LAW IN CLARIFYING THE NOTION OF "MEMBERSHIP IN A PARTICULAR SOCIAL GROUP" AS A REASON FOR ACQUIRING REFUGEE STATUS. PRIVATE LAW STUDIES[Internet]. 2009;39(1):235-254. Available from: https://sid.ir/paper/125104/en

IEEE: Copy

F. KEYHANLOU, “THE ROLE OF INTERNATIONAL HUMAN RIGHTS LAW IN CLARIFYING THE NOTION OF "MEMBERSHIP IN A PARTICULAR SOCIAL GROUP" AS A REASON FOR ACQUIRING REFUGEE STATUS,” PRIVATE LAW STUDIES, vol. 39, no. 1, pp. 235–254, 2009, [Online]. Available: https://sid.ir/paper/125104/en

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