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Cited by 64Migration, Racism, and Human RightsDiscrimination and Equality LawInternational Law and Human Rights

The DOI matches its Crossref record.

(Some) refugees welcome: When is differentiating between refugees unlawful discrimination?

Open access
Costello, Cathryn, Foster, Michelle·2022·International Journal of Discrimination and the Law

Abstract

Europe’s extraordinary response to those fleeing the Russian invasion of Ukraine in February 2022 has prompted many criticisms of Europe’s treatment of other refugees, and indeed people of colour and members of ethnic minorities fleeing Ukraine. While stark, this differentiated response in not unusual: The global refugee regime treats different refugees differently, as a matter of course. Refugees often encounter racialized migration controls, and systems which privilege some refugees over others. The article seeks to clarify when these practices violate the international legal prohibitions on discrimination on grounds of race and nationality. To do so, it focuses on race discrimination in general international human rights law, clarifying the interaction between general human rights principles and instruments, and the specialist instrument in the field, the International Convention on the Elimination of all Forms of Racial Discrimination. We identify how differences in treatment on grounds of nationality may engage the prohibition on race discrimination both directly (in particular when nationality equates to national origin) or indirectly. Concerning nationality discrimination, the article focuses in particular on the added value of Article 3 of the 1951 Convention on the Status of Refugees, which obliges states to ‘apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin.’ We examine Article 3 both within the overall scheme of the Refugee Convention and as a source to guide interpretation of international human rights norms.

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Crossref · 10.1177/13582291221116476

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Metadata

Authors
Costello, C., & Foster, M.
Affiliations
  • Hertie School (DE)
  • The University of Melbourne (AU)
Corresponding author
Costello, Cathryn
Venue
International Journal of Discrimination and the Law
Published
2022-08-24
Volume
22
Issue
3
Pages
244-280
ISSN
  • 1358-2291 (ISSN-L)
  • 2047-9468
OpenAlex
W4293013078
Cited by
64
References
0
Citations by year
2026: 14 · 2025: 22 · 2024: 14 · 2023: 12 · 2022: 2
FWCI
9.60
Type
journal article
Language
en
Open access
Locations
  • International Journal of Discrimination and the Law (publishedVersion, cc-by-nc)
  • OPUS 4 (Zuse Institute Berlin) (submittedVersion)
Funders
H2020 European Research Council (716968)
Topics
  • Social Sciences › Law › Migration, Racism, and Human Rights
  • Social Sciences › Law › Discrimination and Equality Law
  • Social Sciences › Political Science and International Relations › International Law and Human Rights
Keywords
racial discrimination, nationality discrimination, International Convention on the Elimination of All Forms of Racial Discrimination, 1951 Refugee Convention, Ukrainian refugees, indirect discrimination, international human rights law, ethnic minorities

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CoChat. (2026). Citation check: (Some) refugees welcome: When is differentiating between refugees unlawful discrimination? https://app.cochat.ai/papers/10.1177/13582291221116476
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Costello, C., & Foster, M. (2022). (Some) refugees welcome: When is differentiating between refugees unlawful discrimination? International Journal of Discrimination and the Law. https://doi.org/10.1177/13582291221116476

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