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[Insert statement of urgency and significance for why this right relates to AI.]
Sectors #
The contributors of the AI & Human Rights Index have identified the following sectors as responsible for both using AI to protect and advance this human right.
- GOV: Government and Public Sector
- INTL: International Organizations and Relations
- LAW: Legal and Law Enforcement
- REG: Regulatory and Oversight Bodies
- SOC: Social Services and Housing
AI’s Potential Violations #
[Insert 300- to 500-word analysis of how AI could violate this human right.]
AI’s Potential Benefits #
[Insert 300- to 500-word analysis of how AI could advance this human right.]
Human Rights Instruments #
Universal Declaration of Human Rights (1948) #
G.A. Res. 217 (III) A, Universal Declaration of Human Rights, U.N. Doc. A/RES/217(III) (Dec. 10, 1948)
Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Convention Relating to the Status of Refugees (1951) #
189 U.N.T.S. 137, Convention Relating to the Status of Refugees (July 28, 1951)
UNHCR is mandated by the United Nations General Assembly to seek international protection and permanent solutions for refugees. It also has the responsibility to supervise the implementation of the 1951 Convention by States Parties. States Parties are required to cooperate with UNHCR, and provide relevant information and statistical Data. UNHCR’s role complements that of States, contributing to the protection of refugees by:
- Ensuring that refugees are granted asylum and are not forcibly returned to the countries from which they have fled
When a State accedes to the 1951 Convention:
- it helps to avoid friction between States over refugee questions. Granting asylum is a peaceful, humanitarian and legal act rather than a hostile gesture, and should be understood by the refugee’s country of origin as such.
Article 32. – Expulsion
1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national Security or public order.
2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. Except where compelling reasons of national Security otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority.
3. The Contracting States shall allow such a refugee a reasonable period within which to seek legal admission into another country. The Contracting States reserve the right to apply during that period such internal measures as they may deem necessary.
Article 33. – Prohibition of expulsion or return (“refoulment”)
1. No Contracting State shall expel or return (” refouler “) a refugee in any manner whatsoever to the frontiers of territories where his life or Freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.
2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the Security of the country in which he is, or who, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that country.
Last Updated: April 29, 2025
Research Assistants: Laiba Mehmood, Aarianna Aughtry
Contributor: To Be Determined
Reviewer: Laiba Mehmood
Editor: Caitlin Corrigan
Subject: Human Right
Edition: Edition 1.0 Research
Recommended Citation: "VI.B. Right to Seek Asylum from Persecution, Edition 1.0 Research." In AI & Human Rights Index, edited by Nathan C. Walker, Dirk Brand, Caitlin Corrigan, Georgina Curto Rex, Alexander Kriebitz, John Maldonado, Kanshukan Rajaratnam, and Tanya de Villiers-Botha. New York: All Tech is Human; Camden, NJ: AI Ethics Lab at Rutgers University, 2025. Accessed December 13, 2025. https://aiethicslab.rutgers.edu/Docs/vi-b-asylum/.