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Meltem Ineli-Ciger

identified as to protect persons from being returned to the territories of a state where they would be in risk of persecution, torture, inhuman or degrading treatment or punishment and immediate harm to their life and physical integrity. This obligation arises from a number of treaty and customary norms

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Meltem Ineli-Ciger

Convention, the right to access to the basic necessities of life can be accepted as deriving from Articles 6, 7, 9, and 10 of the iccpr and Article 11 of the icescr . 118 Article 25 of the udhr affirms every individual’s “right of a standard of living adequate for the health and well-being of himself

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Meltem Ineli-Ciger

commentators including, the International Court of Justice ( icj ) and the European Court of Human Rights (ECtHR) have also pointed out the importance of interpretation of a treaty as a living instrument and interpretation of treaties in the light of the present day conditions. 30 With these views in mind, it

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Hélène Ragheboom

refugee law and international human rights law to ensure that no one is returned to a territory where his or her life or freedom would be threatened as a consequence of the degradation of the local environment. The unprecedented media coverage that the growing body of case-law issued in Australian and

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Hélène Ragheboom

particular, J.C. Hathaway argues that: … the deprivation of certain of the socio-economic rights, such as the ability to earn a living, or the entitlement to food, shelter, or health care will at an extreme level be tantamount to the deprivation of life or cruel, inhuman or degrading treatment, and hence

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Hélène Ragheboom

derives from a number of international instruments; it provides that no person may be returned in any manner whatsoever to a country where his or her life or person would be at risk, regardless of his or her status or conduct. It is in particular a considerable safeguard against removal for individuals

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Jessica Schultz

vulnerabilities who may be in need of additional support. Just as refugees may be unable to settle in a new state until their family members join them, resettlement within the country of origin—living a normal life in the context of the country considered—is also conditioned on respect for family unity. This

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Hélène Ragheboom

persons displaced by a degradation of their living environment, regardless of its causes, as long and as soon as it is of such intensity that life circumstances there have become unbearable. 30 A broad-encompassing definition of environmental degradations causing displacement would additionally facilitate

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Jessica Schultz

state parties with ipa practice, the relevance of human rights guarantees is particularly contentious. Some states only consider risks of persecution and harms of similar severity. 19 Others review a broader range of factors, including freedom of movement and the possibility to make a living in the

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Hélène Ragheboom

indiscriminate threats to his life or person against which his national State authorities would fail to protect him. None of them claims to be specifically targeted or denied protection by reason of factors particular to his personal circumstances. State A is in the grip of an internal armed conflict. State B