The refugee and the right to an effective remedy in international law
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Date
2011-06
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Publisher
Kampala international international: School Of Law
Abstract
This study on "The Refugee and the Right to an Effective Remedy in International Law" was specifically carried out to; examine the circumstances leading to abuse of the rights of refugees; establish why the rights of refugees continue to be abused in Uganda, despite the existence of international human rights law; and to suggest possible assumptions that can be adopted to address the existing gaps. To comprehend this, literature was reviewed on the specific variables and the study was mainly centered on book and documentary evidences thus was qualitatively driven. The study established that while the right of refugees to an effective remedy is adequately provided for under the international and domestic law, it is not easily accessed. While international law and its protection or monitoring mechanisms aim to ensure that this right is available to all, in most cases they can only go as far as making declarations on state violating of its obligations but cannot impose to the state to satisfy its obligations. The plight of the refugee can therefore be best redressed in the domestic setting when the state takes on to ensure that it protects all without discrimination. This is because although states are obliged to check on each other, conditions remain unfulfilled since this is rarely done. The study concludes that problems of refugees encountered at domestic level with regard to the right to an effective remedy, namely access and enforceability seem to be replicated both at the regional and international levels. The examination reveals that the state is indeed in the best position to ensure the right to an effective remedy since neither the international nor regional bodies can guarantee that right. It all comes back full circle to the state fulfilling its human rights obligations without discrimination and in good faith. The study recommends; ensuring independent monitoring, empowering competent institutions to reinforce the law, conceited effort and redirecting the effort of the UNHCR.
Description
A research report submitted to the faculty of law in partial fulfillment of the requirements for the award of the bachelors’ degree of laws of Kampala international university
Keywords
International Law, Refugee, Right, Effective remedy