The 1951 Refugee Convention's Contingent Rights Framework and Article 26 of the ICCPR: A Fundamental Incompatibility?

(2014) 30 Refuge 5

10 Pages Posted: 23 Oct 2016

See all articles by Marina Sharpe

Marina Sharpe

Royal Military College Saint-Jean

Date Written: 2014

Abstract

This article addresses the relationship between two primary structural features of the 1951 Convention relating to the Status of Refugees — that many benefits under it accrue on the basis of a refugee's degree of attachment to his or her host state and that many rights under the convention are guaranteed to a refugee only to the extent that they are enjoyed by a particular reference group — and the 1966 International Covenant on Civil and Political Rights' article 26 equality guarantee. Specifically, it examines whether attachment contingencies and reference groups, when incorporated in the refugee laws of states party to the ICCPR, might run afoul of article 26.

Keywords: Refugee Convention, ICCPR

Suggested Citation

Sharpe, Marina, The 1951 Refugee Convention's Contingent Rights Framework and Article 26 of the ICCPR: A Fundamental Incompatibility? (2014). (2014) 30 Refuge 5 , Available at SSRN: https://ssrn.com/abstract=2855912

Marina Sharpe (Contact Author)

Royal Military College Saint-Jean ( email )

15 Rue Jacques-Cartier Nord
Saint-Jean-sur-Richelieu, Quebec J3B 8R8
Canada

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