How has the European Court of Human Rights interpreted the principle of non-refoulement incorporated in the 1951 refugee convention?

Abstract

This dissertation examines the principle of Non-Refoulement established in Article 33 of the 1951 Refugee Convention and its protocol. In this respect, it will focus on its interpretation by the European Court of Human Rights and the different ways States interpret and implement the principle of Non-Refoulement given the gaps in the legal regime. Different measures are identified in order to determine to what extent a state may act without breaching international law. Furthermore, this dissertation delves into the different international legal instruments used by Courts in order to achieve a wider application of the obligation of non-refoulement. Moreover, case- law is another source which, through the years, have improved the situation of the lacunae in the legal regime of non-refoulement.