Rejection at the Frontier and Human Rights – the UN Treaty Bodies and European Practice

The principle of non-refoulement is often described as the cornerstone of refugee law. It prohibits States from expelling people from their territories to States where their life or freedom would be threatened. The principle of non-refoulement is, however, not only enshrined in refugee law. The United Nations Human Rights Treaty Body System has developed a protection from refoulement that is considerably broader than the protection granted under international refugee law. It is also broader than the human rights protection provided by the ECtHR. This article will show that the UN Treaty Bodies’ approach to the principle of non-refoulement gives a much clearer frame-work for rejections of migrants at a State’s frontier.