Bolivia: constitutional protection against refoulement
Article 29 of the Constitution of Bolivia provides protection against refoulement for people granted asylum or
refuge in the country by prohibiting their expulsion or deportation to a country where their “life, bodily integrity,
security or liberty is endangered”.
South Africa: protection against refoulement reflects constitutional values
In its judgment of 15 February 2011 in the case of Arwah Abdi v. Minister of Home Affairs [2011] ZASCA 2, the
Supreme Court of Appeal of South Africa held that, “[...] deportation to another state that would result in
the imposition of a cruel, unusual or degrading punishment is in conflict with the fundamental values of the
Constitution.”
Switzerland: constitutional protection against refoulement
Article 25 of the Federal Constitution of the Swiss Confederation of 1999 provides protection against refoulement
in cases of expulsion, extradition and deportation, stating, among other things, that, “[...] no person may be
deported to a state in which they face the threat of torture or any other form of cruel or inhumane treatment or
punishment”.
LEGISLATION
Asylum or
Refugee Laws
Many States have adopted or amended national
legislation dealing with specific areas to include the
prohibition against refoulement, including human
rights laws, laws relating to asylum and refugees or
migration, and extradition. In other States, their own
national anti-torture legislation may contain an explicit
prohibition against refoulement and set out basic
safeguards. These laws detail the powers that can be
exercised by State authorities to remove a person
and the constraints on those powers, as well as the
relevant administrative and judicial procedures to be
followed. National legislation has also detailed the
rights of persons within those procedures.
Extradition
Law
Non-refoulement:
Art. 3 UNCAT
Law of Armed
Conflict
Human
Rights
Law
Migration
Law
For further examples of legislative provisions, see:
Guide on anti-torture legislation
ââ APT and CTI, Guide on anti-torture legislation
The Guide is available in Arabic, English, French, Portuguese and Spanish.
TOOL: Non-refoulement procedures and safeguards
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