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ABSTRACT
The 1951 Refugee convention is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum amongst others. The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights. The human rights law provides for the principle of non refoulement which is the cornerstone of refugee law, as a result of this intermingling of both laws in this area and others which will be discussed in this work, refugee law appears to be indissociable from human rights law. The argument between scholars as to whether or not human right law has absorbed refugee law exists till date with many academic opinions leaning towards human right law as the Geneva Convention as a whole seems to be framed through the lens of human rights law.
The reference to human rights law in the preamble of the Refugee Convention is clear evidence of its human rights nature, the reason being that the refugee convention acts as a protection to rights; right to flee persecution, non-discrimination and freedom of movement amongst others.
