Convention Grounds

Session 8
A refugee is “any person who... owing to a well founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group or political opinion, is outside the
country of his nationality, or habitual residence if without a nationality, and is unable or, owing to such fear,
is unwilling to avail himself of the protection of that country.”
Causal Link
• Link between the
reasonable possibility of
persecution and one or
more of the Convention
grounds
• Real or imputed
persecution
Non-State Agents
• Where persecution is by non-State
agents, the link with a Convention
ground exists if:

– The risk of persecution by the

non-State agent is for reasons of
a Convention ground
– The State’s unwillingness or
inability to protect the person is
for reasons of a Convention
ground
Race
• Broadly interpreted as any
kind of distinctive ethnic
characteristic, whether
real or perceived
Religion
• The right to have (or not
to have) a religion, to
practice one’s religion, or
to change religions is
absolute and non-
derogable.
• Religion as a belief,
identity, and way of life
Nationality
• “Nationality” as a ground for
refugee status does not only
refer to “citizenship”, but also
extends to groups of people
defined through their real or
perceived ethnic, religious,
cultural or linguistic identity,
regardless of whether this
difference has been
formalized legally
Question
• Are all acts of
discrimination or violations
of human rights
considered persecution
under the Refugee
Convention?