The principle of non-refoulement is often described as the cornerstone of
refugee law. It prohibits States from expelling people from their territories to
States where their life or freedom would be threatened. The principle of nonrefoulement
is, however, not only enshrined in refugee law. The United
Nations Human Rights Treaty Body System has developed a protection from
refoulement that is considerably broader than the protection granted under
international refugee law. It is also broader than the human rights protection
provided by the ECtHR. This article will show that the UN Treaty Bodies’
approach to the principle of non-refoulement gives a much clearer framework
for rejections of migrants at a State’s frontier.
