The Universal Declaration of Human Rights contains the right to seek and to enjoy asylum from persecution. Persecution implies the infliction of serious harm on an individual and the failure of the state of his or her nationality to provide protection. Article 14(1) UDHR states that everyone has the right to seek and to enjoy in other countries asylum from persecution. The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol define refugee as any person who, “owing to a 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, 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” (Article 1.A(2)). Upon determination that a person falls within the ambit of the Refugee Convention, as amended by the Refugee Protocol, an asylum seeker gains the status of a refugee in the country in which he sought protection and thus protection from repatriation (the non-refoulement commitment).