PRINCIPIO DE NO DEVOLUCIÓN Y SU APLICACIÓN EXTRATERRITORIAL: PILAR FUNDAMENTAL EN EL MARCO DEL DERECHO DE LOS REFUGIADOS

Abstract

There are several principles that protect refugee law, but it is the principle of non-refoulement that fundamentally represents the protection of these people, to the point of becoming the cornerstone of refugee law. Such is its importance, that this principle has extraterritorial application, which configures a broader protection, since it extends the obligation emanating from the principle of non-refoulement that States have, by reason of the matter, that is, its compliance is not limited only to the territory of a State, but extends to other territories, in which it exercises effective control over refugees, which allows States to be held responsible regardless of where this principle has been violated. Thus, this article will especially study the implications of this principle, enshrined in the 1951 Convention on Refugees and its concept of extraterritoriality; in addition, it will be outlined with the presentation of some judicial decisions of the Inter-American Court of Human Rights that have made mention of such an important principle in the solution of various cases.