مفهوم «آزار» منتهی به پناهندگی در رویة قضائی کشورهای پناهنده‌پذیر

One of the elements in the definition of refugee (Art. 1(A)(2) of the 1951 Convention relating to the Status of Refugees) which has envisaged a lot of debates among scholars and in national jurisprudence is "Persecution". Since the definition, scope and applicability of this element is not clear, the national jurisprudence has sought to clarify its concept by referring to its verbal meaning, some other articles of the 1951 Refugee Convention and reliance on discrimination. However, definition of persecution on account of a serious harm that is assessed by virtue of violations of human rights is the criterion with most acceptances. The admission of this definition in refugee host countries is such that one can not ignore its role as "subsequent practice" (Art. 31 (2)(b) 1969 Vienna Convention on Law of Treaties) in the interpretation of the 1951 Refugee Convention. It also substantiates the influence of the rules of human rights on the national legislation of States which was considered among matters "essentially within the domestic jurisdiction" of them for years.