Dear Amir,

This is a timely question that enables us to discuss such issues in general and in particular the xenophobic violence that consumes human lives and properties in South Africa today. International law declares that humans who are refugees should have fundamental rights and freedoms of equality to that of their citizens protected by laws of hosting countries.

One surprising thing I witnessed however is that even after being a citizen of a country, some societies treat these new citizens as still strangers and should be handled as third or lower level classes with a lesser  right and lesser privileges than  citizens of that society. Thus the international law is merely a law on paper but far from being true and operational. 

http://www.ohchr.org/EN/ProfessionalInterest/Pages/StatusOfRefugees.aspx

Faced with a world in turmoil, all rights are trampled to unparalleled xenophobia. Certainly that refugees may have rights in a host country but - they actually well regarded by the natives. The problem lies not only in law but the mentality of the people of the host country must change. The problem is much more insidious. You only have to see the immigrants children who are nationals of the country where they were born that only have rights on paper but the reality is quite different.

Dear all, here are the many rights of refugees on paper, below.  But refugees have been detained and deported.  (How many countries really welcome them?  See the second link on countries that are a haven for refugees.)

• Free exercise of religion and religious education
• Free access to the courts, including legal assistance
• Access to elementary education
• Access to public relief and assistance
• Protection provided by social security
• Protection of intellectual property, such as inventions and trade names
• Protection of literary, artistic and scientific work
• Equal treatment by taxing authorities
• The right to belong to trade unions
• The right to belong to other non-political nonprofit organizations
• The right to engage in wage-earning employment
• The right to own property
• The right to practice a profession
• The right to self-employment
• Access to housing
• Access to higher education
• The right to choose their place of residence
• The right to move freely within the country
•  Free exercise of religion and religious education
• Free access to the courts, including legal assistance
• Access to elementary education
• Access to public relief and assistance
• Protection provided by social security
• Protection of intellectual property,
• such as inventions and trade names
• Protection of literary, artistic and scientific work
• Equal treatment by taxing authorities

http://www1.umn.edu/humanrts/edumat/studyguides/refugees.htm#ii

https://www.immi.gov.au/media/publications/pdf/A_New_Life_3.pdf

As dear @Miranda has given fine information about the rights of refugees, let us turn around us and see what our Governments and UN Refugee Agency (UNHCR) do for refugees. I do bring information for Serbia. " The majority of new asylum-seekers are Syrian, with Serbia receiving by far the largest percentage of those seeking international protection in the subregion. However, many asylum-seekers and refugees move on before their international protection needs have been assessed. Such movements are prompted in part by: difficulties in applying for asylum, for example at borders; inadequate or insufficient reception conditions; low recognition rates; or a lack of local integration prospects..."

http://www.unhcr.org/pages/49e48d9f6.html

http://www.kirs.gov.rs/articles/index.php?lang=ENG

This is a preoccupation of the Popes (in Spanish):

· http://es.catholic.net/op/articulos/28263/cat/572/garantizar-asilo-y-reconocer-derechos-de-los-refugiados.html

· http://es.catholic.net/op/articulos/44594/cat/418/la-santa-sede-sale-en-defensa-de-los-derechos-de-los-refugiados-en-la-onu.html

· http://www.es.catholic.net/op/articulos/15303/cat/572/el-papa-pide-respeto-de-los-derechos-de-los-refugiados.html

· http://www.es.catholic.net/op/articulos/27997/cat/578/santa-sede-pide-mas-voluntad-politica-para-asistir-a-refugiados.html

In these news, the Popes or other representants of the Church urge to the political authorities its will to guarantee asylum and to recognize the rights of the refugees in the UN.

Refugees freedom of movement, to work, to access public welfare programs, or to be reunited with family members and the propriety of exempting refugees from visa and other immigration rules,

The Office of the United Nations High Commissioner for Refugees,contrasts asylum and non-refoulement in the following manner: Asylum entails admission, residence and protection; non-refoulementis a negative duty, not to compel a person to return to a country of persecution.

http://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=64&ved=0CC8QFjADODw&url=http%3A%2F%2Fscholarship.law.duke.edu%2Fcgi%2Fviewcontent.cgi%3Farticle%3D1342%26context%3Ddjcil&ei=T28zVcG8KcKKuASehICoAw&usg=AFQjCNEPhd3Bsdca5Q8haNO5J88QA-IklA&bvm=bv.91071109,d.c2E&cad=rja

The rights of refugees are:

1. Equality -- Treating equal

2. Settlement -- Settling them as if they nationals

3. Growth opportunities -- Providing opportunities to grow

4. Assimilation -- Accepting them in main stream

India faced this problem in 1947, a big number of refugees came to India. India settled them with all avenues in India. But still differences are prevailing.

The right to asylum is one of the fundamental human rights recognized in Italian Constitution. Article 10, third paragraph, of the Constitution provides, in fact, that the stranger, who is denied in his country to exert the effective exercise of democratic freedoms guaranteed by the Italian Constitution has the right to asylum in the Republic, under the conditions of by law.

Under international law (Convention of Geneva), a precondition for the application of the right of asylum is the notion of international refugee, defined as the person who, directly (through deportation or unable to return home) or indirectly (for the actual or reasonably feared impediment the exercise of one or more fundamental rights or freedoms), was forced by the government of his country to abandon his land and to "take refuge" in another country, asking for asylum.

As dear @Enzo has mentioned, the similar situation is in Serbia. Right to asylum is defined by Article 57 of the Constitution Law!"Any foreign national with reasonable fear of prosecution based on his race, gender, language, religion, national origin or association with some other group, political opinions, shall have the right to asylum in the Republic of Serbia. The procedure for granting asylum shall be regulated by the law."

The attached " Report “Right to Asylum in the Republic of Serbia 2012“ presents the data and information the BCHR team obtained directly, that is, during its field work, and through its research and perusal of the reports of other government and non-government organisations dealing with asylum in Serbia..." Many resources are available in the second document.

http://www.ustavni.sud.rs/page/view/en-GB/235-100028/constitution

http://www.bgcentar.org.rs/bgcentar/eng-lat/wp-content/uploads/2013/12/Right-to-Asylum-in-the-Republic-of-Serbia.pdf

In some countries, the rights listed by Miranda are not allowed to some citizens of same country. How such a country could allow rights to refugees??? Could scientists 'persecuted in their country out of any political reason' be accepted as refugees. Generally refugee is a matter of hard conflicts and wars How scientists could prove their situation out of hard conflicts??

How very correct, dear @Fairouz.  But now, nothing can be hidden, since we are all connected by Internet.  Below is just one paper on this issue.

'Abstract:

We investigate the prevalence and determinants of ethnic favoritism, i.e., preferential public policies targeted at the political leader’s ethnic group. We construct a panel dataset of 2,022 ethnographic regions from 139 countries with annual observations from 1992 to 2012, and use nighttime light intensity as output measure to capture the distributive effects of a wide range of policies. We find robust evidence for ethnic favoritism: the political leaders’ ethnographic regions enjoy 10% higher nighttime light intensity. We further find that ethnic favoritism is a global rather than Sub-Saharan African phenomenon, which is present in poor as well as rich countries; that political institutions have a weak effect on ethnic favoritism; that ethnic favoritism is most prevalent in ethnically fractionalized and segregated countries with long established polities; and that ethnic favoritism does not contribute to sustainable development.'

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2573621

Sure dear Miranda that nothing could be hidden in our present days through the numerous media communication and connection. But out of political activism or opinion,  ethnic discrimination or minorities differences, some scientists are persecuted only on the basis of  their scientific work  (may be gender.too). How could they claim for refugee rights in another country, since no mean is available in their country for their rights, where if they ask for , different form of persecution is organized against them (insidious, morale, professional, physical etc...)

Not going to repeat it as almost every point is covered up (scroll up to read more), However  I would like to add it that the lawmakers  should not blank out that refugees are humans. 

Dear Amir,

I think there are two very different answers to your question. The first being what each country has as their legal national laws and the second is the one that we all believe refugees should have.

As long as we have nation states this will be the tug of war, between what should be and what is. 

From my point of view every citizen on this planet should have a right to quality food and drink, clothing, shelter, health care, education, and legal status/human status. 

It should not matter is you are a South American moving north or a Irishman moving south. Every nation state (as long as they exist) should abide by the U.N. declaration of human rights and add the ones I have listed. 

We must remember that at one time in each of our families histories we to were most likely an refugee at one point in time.

Douglas

Many refugees are in Serbia, while trying enter the EU. "Bosnian authorities have also registered a "remarkable increase" in the number of irregular migrants coming via Montenegro.Another route is Bulgaria-Macedonia-Serbia, where the terrain is flatter and easier to cross.Once in Serbia, people take taxis or buses and cross directly into the EU."

Roughly twenty thousand people set out to cross the Mediterranean in this way each year; thousands die in the process! "The Mediterranean Sea is the most porous border between Europe and its neighbours and the world’s most dangerous border between countries that are not at war with each other. Three facts emerge: sea routes to Europe are anything but new; places of embarkation and disembarkation have changed in relation to controls; and the risk of dying at sea has considerably increased over the last decade."

https://euobserver.com/fortress-eu/118399

http://syrianrefugees.eu/?page_id=10

http://www.newyorker.com/news/news-desk/europes-latest-migrant-catastrophe

It is widely argued that the principle of non-refoulement is binding as a matter of customary international law.  As customary international law, the principle of non-refoulement would thus apply to all states whether or not they are signatories to the UNHCR Convention and Protocol. Regarding the refoulement policies of Syria and Jordan, the international community has called on the two countries to sign onto the UNHCR Convention and Protocol Relating to the Status of Refugees. Both countries have refused to become signatories

https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=136&cad=rja&uact=8&ved=0CDgQFjAFOIIB&url=http%3A%2F%2Fwww.cara1933.org%2FUserFiles%2Fbettis.finalfinal.022510.pdf&ei=6Zk4Vc7QDOGpygParoFI&usg=AFQjCNESFfS9JWzGITrL959Y1S3jUsJBzA

All refugees have the same rights as others have.  In addition to that, there are specific human rights applicable those are relevant to refugees include:

1. The right to life, liberty and security of person;

2. The right to freedom from torture or cruel or inhumane or degrading treatment or punishment;

3. The right to freedom of movement and residence within the borders of each state;

4. The right to freedom of thought, conscience and religion;

5. The right to freedom of opinion and expression;

6. The right to a standard of living adequate for the health and well-being of the person and their family, including food, clothing, housing, medical care and necessary social services;

7. The right to education

8. Freedom from discrimination; and

9. Respect for the unity of the family.

See links also for details.

http://www.pitt.edu/~sorc/keepitreal/RefugeeRights.html

http://en.wikipedia.org/wiki/Refugee_law

http://www.geneva-academy.ch/RULAC/international_refugee_law.php

I think it quite obvious: the same rights we would demand for ourselves if we too were to find ourselves in a similar situation. 

Dear all,

I'm in Italy and we are seeing a lot of people that is seeking Europe through Italy. Mediterranean see that has been the mother of a lot of cultures, now is a tomb. If we'll ask "Are you a refugee?" when a child or a mother is drowning we'll do an huge error. A lot of countries think that this is an invasion, but I think that a lot of people live  in a inhuman state. 

Sorry for my answer that perhaps do not center the topic.

mariano

Please visit United Nations High Commissioner for Refugees website and go through the tons of material available there on the subject. 

I think they have the right to be treated with dignity and humanity. the issue is not new but submerged accurately this period because of the advent of huge wave of terrorists. did they deserve to be treated as refugees or foreign fighters?

 Refugee --- is someone who has been forced to leave a country! Because they have suffered (or feared) persecution on account of race, religion, nationality, or political opinion ---- in order to escape war, natural disaster ----!

Must give rights as good as original citizen!

“Everyone has the right to seek ---- and to enjoy in other countries asylum from persecution ----.” Universal Declaration of Human Rights, Article 14(1).

http://en.wikipedia.org/wiki/Refugee

http://www.ipu.org/pdf/publications/refugee_en.pdf

Refugees from Syria come to Serbia every day! "While the number of asylum-seekers in South-Eastern Europe continues to rise, most national asylum systems in the subregion do not meet international standards. The majority of new asylum-seekers are Syrian, with Serbia receiving by far the largest percentage of those seeking international protection in the subregion. However, many asylum-seekers and refugees move on before their international protection needs have been assessed. Such movements are prompted in part by: difficulties in applying for asylum, for example at borders; inadequate or insufficient reception conditions; low recognition rates; or a lack of local integration prospects..."

UNHCR and Serbia are doing best for this people. Their human rights according to Convention relating to the Status of Refugees are fully respected.

http://www.unhcr.org/pages/49e48d9f6.html

http://www.middleeasteye.net/news/syria-serbia-migrants-balkan-backdoor-1184791364

Ok, International refugee law is a set of rules and procedures that aims to protect, first, persons seeking asylum from persecution, and second those recognized as refugees under the relevant instruments. Its legal framework provides a distinct set of guarantees for these specific groups of persons, although, inevitably, this legal protection overlaps to a certain extent with international human rights law as well as the legal regime applicable to armed conflicts under international humanitarian law.

They have equal rights, unfortunately not granted equally! It may be the case through world.