Forced Displacement and Human Rights: A Study of International Law and Case Laws

Forced displacement is a serious violation of human rights that affects millions of people worldwide. This thesis examines the legal framework surrounding forced displacement, with a particular focus on international human rights law. Through an analysis of relevant case laws, this study seeks to identify the key legal principles that should guide the protection of displaced persons' human rights. The study also examines the gaps in the current legal framework and proposes possible solutions to address these shortcomings. Forced displacement, also known as forced migration, is a widespread and persistent issue affecting millions of people worldwide. It occurs when individuals or groups are compelled to leave their homes or places of habitual residence due to persecution, conflict, natural disasters, or other factors that threaten their safety or well-being. Forced displacement is often accompanied by a host of human rights violations, including violations of the right to life, liberty, security, and freedom from discrimination.

• displacement
• human rights
• refugee law
• non-refoulement
• internally displaced persons (IDPs)

• Dr. Aqueeda Khan, Professor, Amity Law School, Noida
• Ms. Shweta Tyagi, Student, LL.M 2023-2024 Amity Law School, Noida

Khan & Tyagi. (December 2023).Forced Displacement and Human Rights: A Study of International Law and Case Laws. IPEM LAW JOURNAL, 7, 69-75.

1. 1.Al-Jamasi v. Spain (2011).
2. 2.Budayeva and Others v. Russia (2008).
3. 3.Centre on Housing Rights and Evictions v. Nigeria (2008).
4. 4.Cojocaru v. Moldova (2006).
5. 5.Demir and Baykara v. Turkey (2008).
6. 6.Enakshi Ganguly Thukral and Others v. State of West Bengal (2014).
7. 7.European Roma Rights Centre v. Greece (2018).
8. 8.Hasan Nuhanović v. Netherlands (2013).
9. 9.International Commission of Jurists. (2018). Access to Justice for Refugees and Migrants: A Human Rights Approach.
10. 10.International Council on Human Rights Policy. (2016). Protection against Refoulement: Non-degradable and Essential.
11. 11.Jawara and Others v. Gambia (2000).
12. 12.Kayishema and Ruzindana v. Rwanda (2011).
13. 13.Nandini Sundar and Others v. State of Chhattisgarh (2011).
14. 14.National Campaign on Dalit Human Rights and Others v. Union of India and Others (2006).
15. 15.Office of the United Nations High Commissioner for Human Rights. (2018). Protecting Economic, Social and Cultural Rights in the Context of Forced Displacement: An Introductory Guide.
16. 16.Olga Tellis and Others v. Bombay Municipal Corporation (1985).
17. 17.United Nations High Commissioner for Refugees. (2019). Global Trends: Forced Displacement in 2018.
18. 18.United Nations. (2020). Guiding Principles on Internal Displacement.