The principle of non-refoulement under the european convention on human rights and the united nations convention against torture or cruel, inhuman or degrading treatment or punishment

The principle of non-refoulement has recently attracted great attention due to the increasing number of persons who attempt to flee their countries because of war or human rights violations. While those persons have a right to seek protection, they put heavy burden on the destination States. However, these States cannot unconditionally return such persons to the countries of their origin: the principle of non-refoulement prevents a State from forcibly removing a person to another State where s/he runs a risk of being ill-treated. This thesis examines the principle of non-refoulement under the European Convention on Human Rights and the UN Convention against Torture in a comparative, with the aim to determine which human rights treaty affords better protection in non-refoulement cases. The thesis also provides insight into the relationship between the European Court of Human Rights and the UN Committee against Torture in the context of their non-refoulement case-law