Legal comments on art. 17- 19 Geneva Convention on refugee status, right to work

COMMENTARY ON THE 1951 REFUGEE CONVENTION (GCRS)

(by Professor Atle Grahl-Madsen, 1962-1963)

Professor Grahl- Madsen commentaries will be of great use to lawyers, judges and legal actors who analyse deprivation of the right to work of asylum seekers and refugees in the light of article 17 to 19 of the GCRS. Article 17, 18 and 19 grant the right to work to asylum seekers and refugees when they are 'lawfully present' or 'lawfully staying' in the host country. UNHCR 'Note on 'lawful staying' and the 'Michigan Guidelines on the right to work' contains some elements of definition of the notion of 'lawful stay' and 'lawful presence'. 'Lawful stay' and 'lawful presence' should indeed be understood according to an international definition and not according to national domestic measures. 

ARTICLES 17-19, The right to work

The articles of the Geneva Convention on Refugee Status dealing with the right to work are the following:

·       Article 17: right to wage earning (limited to asylum seekers/refugees lawfully staying in the host country but for enumerated exceptions),

·       Article 18: right to self-employment (granted to all asylum seekers/refugees lawfully present),

·       Article 19: right to exercise liberal professions (restricted to asylum seekers/refugees lawfully staying).

 Articles 14 GCRS concerns artistic rights and industrial properties. Article 24 GCRS  concerns the right at work of asylum seekers and refugees (social security and labour legislation).