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1951 Convention (General Rights (not conditional or relative) (Art 11 -…
1951 Convention
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General Principles
Art 7.1 - States must treat refugees the same as other aliens generally except where refugee rights are broadened by the convention
Grahl-Madsen - "The minimum standard of treatment of aliens, the right to leave the territory of a State, the prohibition of confiscation of property without compensation and the general rule that aliens shall not be expelled without cause consequently all apply to refugees."
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Art 3 - Non-Discrimination - Convention applies without discrimination to race, religion or country of origin (NO RESERVATIONS ALLOWED PER Art 42)
Art 31 - Non-Penalization - Asylum-seekers who have unlawfully entered or are unlawfully present in the territory, and who have presented themselves for RSD without delay shall not be punished
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relative rights
Treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances
Art 18 - Self-employment in the areas of agriculture, industry, handicrafts and commerce to establish commercial and industrial companies
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Art 13 - Acquisition, leasing of movable and immovable property
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The most favourable treatment accorded to nationals of a foreign country, in the same circumstances
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better than nationals
Art 24.2 - death benefits - families of deceased refugees who live outside the host country of the deceased refugee can access that refugees death benefits even where nationals would be required to be resident in the host country in order to access bennefits
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Conditional Rights
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Freedom of movement
Irregular
Art 31.2 - Irregular migrants freedom of movement can be restricted only as necessary until their status is regularized.
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Freedom from removal
Irregular
Art 33 - No refoulment (informal removal) If a refugee has entered the country's boarders then they can't be sent back unless they are a determined to be a danger to the host country or other countries where the life and freedom of the refugee would be threatened based on the Article 1 grounds of persecution # (NO RESERVATIONS ALLOWED PER Art 42)
Regular
Art 32 - No expulsion (formal removal) unless on national security or public order grounds, and in accordance with due process including appeal and allowing the refugee reasonable time to find a third country option