Part 2: Asylum Chapter 8: Removal to safe third country Section 31: Article 1(A)(2): persecution
Overview: This section provides a definition of "persecution" for the purpose of interpreting Article 1(A)(2) of the Refugee Convention.
	Background: For an individual to be considered a refugee, they must have a well-founded fear of being "persecuted" for a Convention reason. The UK currently relies on the definition of "persecution" provided in regulation 5 of the 2006 Regulations, which is revoked by section 30(4). The intention of this section is to create a definition in primary legislation.
	Subsection 1 specifies that persecution can be carried out by: the state; a party or organisation which controls the state, or a large part of it; or a person or organisation that is not part of the state, but which the state cannot or is unwilling to protect the individual from.
	Subsection 2 specifies that an act will be considered as persecution if it breaches a basic human right, particularly those rights which cannot be limited: Articles 2 (Right to life), 3 (prohibition of torture), 4 (prohibition of slavery and forced labour) and 7 (No punishment without law). Alternatively, breaches of other human rights in accumulation, resulting in a severe violation, may be defined as persecution.
	Subsection 3 provides examples of persecution.