@article{FerollaVallandrodoValle:319806,
      recid = {319806},
      author = {Ferolla Vallandro do Valle, Mariana},
      title = {Fleeing deprivation deducing non-refoulement obligations  from economic, social and cultural rights},
      address = {2024},
      number = {ARTICLE},
      abstract = {While the principle of non-refoulement is today  acknowledged as the cornerstone of the general human rights  regime protecting people on the move, developments of the  content of this principle have focused on risks of harm to  civil and political (CP) rights. Factors affecting  economic, social and cultural (ESC) rights have been  addressed only indirectly, where socio-economic deprivation  is deemed to amount to inhuman and degrading treatment.  Nevertheless, not every instance of severe harm to ESC  rights will necessarily equate to ill-treatment. Failure to  recognize an autonomous basis for non-refoulement  obligations in ESC rights may thus lead to gaps in  protection and contribute to the trend of underdevelopment  of the legal content of ESC rights in comparison to CP  ones. This article thus addresses whether obligations of  non-refoulement can be autonomously deduced from treaty  provisions on ESC rights. In doing so, it delves into the  legal basis upon which the principle of non-refoulement in  general human rights law is built, according to the  practice of international human rights bodies in  interpreting and applying this principle. The article takes  into account the practice of all regional human rights  frameworks (African, European, and Inter-American) and  United Nations treaty bodies that have dealt with the  principle of non-refoulement, seeking to discern a common  foundation to this principle’s rationale and scope. It is  submitted that non-refoulement qualifies as a positive  obligation to prevent risks of severe harm to rights by  third parties and is, accordingly, inherent in all human  rights. The compatibility between ESC rights obligations  and non-refoulement is then analysed, and ways to render  practicable the application of non-refoulement in  connection with these rights are identified, focusing on  immediate obligations stemming from ESC rights and minimum  threshold obligations. Finally, objections to  non-refoulement based on socio-economic grounds, namely  concerns regarding the potential increase of mass migratory  influxes and the added value of such a norm, are addressed.  The article concludes that neither legal nor non-legal  considerations bar deducing non-refoulement obligations  from ESC rights and that much of the reasoning applied to  non-refoulement assessments in cases involving CP rights  can be transposed to cases involving ESC rights, especially  when immediate ESC rights obligations are at stake.},
      url = {http://repository.graduateinstitute.ch/record/319806},
      doi = {https://doi.org/10.1093/ijrl/eeae036},
}