DEFINITION OF REFUGEE IN INTERNATIONAL LAW: CHALLENGES OF THE PRESENT TIMES
DEFINITION OF REFUGEE IN INTERNATIONAL LAW: CHALLENGES OF THE PRESENT TIMES

Summary/Abstract: Traditionally, a refugee in international law is a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his/her nationality, and is unable to or, owing to such fear, is unwilling to avail him/herself of the protection of that country (according to the 1951 Convention on the refugee status). Thus, in cases challenging the status of an individual as a refugee, the reference to the above mentioned definition and the criteria it employs should be sufficient in order to determine the recognition of the specific protection. However, at present, thousands of persons are forced to leave their country for economic reasons or because of natural disasters. These people, running from natural adversities and from poverty, exercise in fact their right to seek happiness, or in more ordinary terms, their well being. The states’ response for these individuals is yet far from being positive, as they keep to the traditional definition, where criteria as poverty or natural disaster are excluded, in order to refuse them the benefit of the refugee status. Nevertheless, the international bodies, as well as states, must deal with these refugees “hors Convention” and grant them, in order to fulfill commitments in the human rights field, some form of protection. This paper intends to analyze the pressures exercised on the traditional definition, the states’ reaction and the possible other forms of protection for an optimal response to the need of persons who are outside their country because of economic reasons or natural tragedies.

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