The Role of Human Rights in Definition of The word Persecution in Refugee Law

The lack of unified definition of fundamental concepts such as persecution, caused many concerns about protection of human rights as the greatest goal of the United Nations and related bodies and organizations. To deal with these concerns, both domestic and international law should be involved. In this article, we try to investigate the United Nations approach regarded persecution by relying on its influencing body, namely the United Nations High Commissioner for Refugees. Also in terms of domestic law, it is referred to similar cases in court taking opinion of qualified indoor judges. The most important element for defining a refugee is the word persecution that comes in article 1 of the 1951 Convention Relating to Refugee Status. By the way, the convention has no definition of persecution and it is followed by legal practice in different ways. Human rights as the highest reason of refugee law must be interfered in the case and fill in the gaps by giving an extended interpretation

Keywords:

Human Rights , Persecution , Refugee , Asylum