Protecting internally displaced persons under the European Convention on Human Rights and other Council of Europe standards: a handbook

Abstract

Internally displaced persons (IDPs) are people who have been forced or obliged to flee from their home or habitual residence to another part of their own country.1 They leave either as a result, or in anticipation of, among others, armed conflict, ethnic violence, human rights violations or natural disasters and should be distinguished from people who voluntarily leave their homes to improve their social or economic position. The involuntary nature of their departure and the fact that they remain in their own country are the two main defining characteristics of IDPs. IDPs should not be confused with refugees as these are two distinct categories under international law. Refugees, unlike IDPs, flee across international borders. According to the 1951 Convention on the Status of Refugees, a “refugee” is a person who, “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country

or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it”