The right to social security and public assistance is available to refugees both under 1951 Refugee Convention and the international human rights law.
Article 23 of 1951 Refugee Convention provides that:
“The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief …show more content…
It provides that: “contracting state shall accord refugees lawfully staying in their territory national treatment in matters of social security such as compensation in the event of occupational injuries and diseases, maternity leave, sickness, disability, old age pension, unemployment and family responsibilities.”
The right to social security and public assistance is also recognised in Article 25 of UDHR (already mentioned above). Article 9 of the ICESCR requires state parties to “recognise the right of everyone to social security, including social insurance”. In addition to Article 9, Article 11(1) of the ICESCR requires the states to guarantee an adequate standard of living to everyone. This right to an adequate standard of living can be interpreted to mean that a state party must provide social assistance to anyone in need including refugees.
Other relevant international human rights instruments also include CEDAW and the CRC which applies to women and children respectively without any discrimination and therefore, benefits refugee women and children as well in the area of social assistance and public …show more content…
It would seem that according to the notion of family unity, if a head of the family is conferred refugee status his dependants will also be granted refugee status. At the very least, spouse, minor children, aged parents of refugees and other dependents, provided living in the same household, are considered for benefiting from the principle of family unity. Additionally, the principle of family unity not only becomes applicable in cases where all the family members become refugee at once, but it also applies where family has been separated on account of flight of one or more of its