Global Compact on Refugees: Step Towards Attainment of Social and Economic Rights

Abstract

The Geneva Convention Relating to the Status of Refugees, 1951 contain a range of provisions relating to the social and economic rights of refugees (SERs)) but is limited in protecting these entitlements. More powerful claims for social and economic rights can be put forward by refugees under human rights law, since it is broader and universal in nature. However, at the same time it is also true that social and economic rights in ICESCR are weak in realization, and more powerful claims for social and economic rights can be put forward by refugees under human rights law, since it is broader and universal in nature. However, at the same time it is also true that social and economic rights in ICESCR are weak in realization. Besides, the implementation and enforcement mechanism of international human rights law, particularly with regard to ICESCR, has not kept pace with standard setting thereof.

There are two developments in the field of international refugee law i.e., New York Declaration for Refugees and Migrants, 2016 and Global Compact on Refugees, 2018 having bearing upon the protection of SER. Both these instruments are not legally binding, but are a reflection of the will of the international community to address the current global refugee crisis and also to prepare the world for future challenges. The present paper critically examines the international legal framework for the protection of SER of refugees. In this regard, the paper will primarily focus upon the Global compact on Refugees, 2018; the impact it will have on protection of SER of refugees and also will look into the soft law challenges to the instrument. The paper concludes with bring out the opportunities and challenges to these two soft law instruments and suggests that all united effort by all those involved in social policy, welfare, development, law and human rights to work together to improve the lot of the economically and socially disadvantaged.