© 1997 by Oxford University Press
Gaps in International Protection and the Potential for Redress through Individual Complaints Procedures
* Senior Refugee Officer with the International Federation of Red Cross and Red Crescent Societies, former Deputy Representative in UNHCR's Regional Office in Vienna. The opinions presented are those of the author and not necessarily those of UNHCR or the of the Federation. The article is based on statements made at UNHCR sponsored workshops dealing with the protection of aliens in Bratislava and Budapest in 1995 and 1996.
With special reference to the First Optional Protocol of the International Covenant on Civil and Political Rights, the Convention Against Torture and the European Convention on Human Rights and Fundamental Freedoms, the author examines the underlying concepts and gaps in refugee protection. Taking account of relevant UN and Council of Europe human tights mechanisms and the existing case law which protects an individual from refoulement, the author attempts to show that international redress mechanisms can, when applied correctly, serve to counter-balance politically expedient decisions of national asylum authorities. He argues that existing procedures deserve the attention of practitioners and that those concerned with maintaining access to international protection should familiarize themselves with the admissibility criteria and acquire the skills necessary to petition international human rights bodies.
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