The universal rights of refugees are today derived from two primary sources – general standards of international human rights law, and the Refugee Convention itself. As the analysis in chapter 2 makes clear, the obligations derived from the Refugee Convention remain highly relevant, despite the development since 1951 of a broad-ranging system of international human rights law. In particular, general human rights norms do not address many refugee-specific concerns; general economic rights are defined as duties of progressive implementation and may legitimately be denied to non-citizens by less developed countries; not all civil rights are guaranteed to non-citizens, and most of those which do apply to them can be withheld on grounds of their lack of nationality during national emergencies; and the duty of non-discrimination under international law has not always been interpreted in a way that guarantees refugees the substantive benefit of relevant protections.

On the other hand, general human rights law adds a significant number of rights to the list codified in the Refugee Convention, and is regularly interpreted and applied by supervisory bodies able to refine the application of standards to respond to contemporary realities. Because both refugee law and general human rights law are therefore of real value, the analysis in chapters 4–7 synthesizes these sources of law to define a unified standard of treatment owed to refugees.

This chapter examines the fairly intricate way in which rights are attributed and defined under the Refugee Convention.