Some have questioned the continuing relevance of the 1951 Refugee Convention. International human rights law has expanded rapidly since 1951 and UN human rights treaties and relevant interpretive materials have clarified states’ obligations to protect refugees and other migrants beyond the confines of the Refugee Convention. As a result, some argue that the broader remit of international human rights law could supersede, or supplement, the Convention’s more conditional provisions. Others maintain that the Refugee Convention is of particular relevance to the refugee experience and provides a workable framework for balancing the needs of refugees with the rights of states to control their borders. This paper aims to contribute by examining the application of CEDAW, to refugee protection in Asian states not party to the Refugee Convention. It will examine the extent to which states have legal obligations to protect refugees based on other sources of international human rights law.
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