Complementary Protection in International Refugee Law

Hardcover | March 1, 2007

byJane McAdam

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This book represents an exciting new contribution to the field of refugee law and human rights law. It considers the legal obligations which countries have to people who do not meet the legal definition of a 'refugee', but who have nonetheless been forcibly displaced from their homes, whetherdue to war, generalized violence, humanitarian disaster or torture, inhuman or degrading treatment or punishment. This is known as 'complementary protection', because it complements the central international instrument in this area, the 1951 Refugee Convention. The book analyses internationalhuman rights law to discern where such legal obligations to protect might arise, and considers the legal status which countries ought to provide to such people. It provides a comprehensive overview of States' current responses to this issue, and offers original and thoughtful suggestions forprotecting such persons within the international legal framework. This book is the first dedicated study on 'complementary protection' - the protection afforded by States to persons who need international protection but fall outside the legal definition of a refugee in article 1A(2) of the 1951Refugee Convention. Human rights law has extended States' international protection obligations beyond the Refugee Convention, preventing States from removing individuals who would be at risk of serious harm if returned to their countries of origin. While a number of States have traditionallyrespected these additional human rights obligations, they have been reluctant to grant beneficiaries a formal legal status analogous to that enjoyed by Convention refugees. This book provides a comprehensive analysis of complementary protection, from its historical development through to itscontemporary application. By examining the human rights foundations of the Convention, the architecture of Convention rights, regional examples of complementary protection, and principles of non-discrimination, the book argues that the Convention acts as a type of lex specialis for persons in needof international protection, providing a specialized blueprint for legal status, irrespective of the legal source of the protection obligation. Chapter 1 identifies pre-1951 examples of complementary protection, demonstrating how the content of the status afforded to extended categories of refugees was historically the same as that granted to 'legal' refugees. It traces unsuccessful attempts at the international and European levels tocodify a system of complementary protection, prior to the EU's adoption of the Qualification Directive in 2004 and international support for an ExCom Conclusion in 2005. The Qualification Directive, examined in Chapter 2, represents the first supranational codification of complementary protection,but is hampered by a hierarchical conceptualization of protection that grants a lesser status to beneficiaries of 'subsidiary protection' vis-a-vis Convention refugees. Chapters 3 to 5 examine a number of human rights treaties (CAT, ECHR, ICCPR and CRC) to identify provisions which may give rise toa claim for international protection. Finally, Chapter 6 illustrates why all persons protected by the principle of non-refoulement should be entitled to the same legal status as refugees, demonstrating the Refugee Convention's role in providing a rights blueprint for beneficiaries of complementaryprotection.

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This book represents an exciting new contribution to the field of refugee law and human rights law. It considers the legal obligations which countries have to people who do not meet the legal definition of a 'refugee', but who have nonetheless been forcibly displaced from their homes, whetherdue to war, generalized violence, humanitar...

Dr Jane McAdam is a lecturer in law at the University of Sydney. Prior to assuming that appointment in 2005, she held a law lectureship at Lincoln College, University of Oxford, where she undertook her doctorate on complementary protection in international refugee law. Dr McAdam is the co-author with Dr Guy S Goodwin-Gill of the for...

other books by Jane McAdam

The Refugee In International Law
The Refugee In International Law

Hardcover|Apr 22 2007

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Format:HardcoverDimensions:322 pages, 9.21 × 6.14 × 1.02 inPublished:March 1, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199203067

ISBN - 13:9780199203062

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Table of Contents

Table of Treaties and StatutesTable of CasesAbbreviationsIntroduction1. The Evolution of Complementary ProtectionIntroductionDefining Complementary ProtectionThe 1951 Refugee ConventionComplementary Protection and International LawConclusion2. The European Union Qualification Directive: The Creation of a Subsidiary Protection RegimeCreation of the Qualification DirectiveThe Directive's Subsidary Protection RegimeSubsidiary Protection Exclusion ClausesThe Content of International Protection: Substantive Rights'Minimum Standards' - a Harmonized Approach?Conclusion3. An Alternative Asylum Mechanism: The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or PunishmentIntroductionThe Structure of the CATTorture Prohibition in Domestic Complementary ProtectionConclusion4. The Scope of Ill-Treatment under the ECHR and ICCPRIntroductionThe ECHR and AsylumUnqualified RightsQualified RightsProtection for Socio-Economic ReasonsThe International Reach of the ECHRConclusion5. Protection and 'The Best Interests of the Child': The Convention on the Rights of the ChildIntroductionSpecial Protection of Children Under International LawThe Convention on the Rights of the Child'The Best Interests of the Child' - Article 3The Weight to be Given to the Child's Best InterestsJurisprudence on 'The Best Interests of the Child'Conclusion6. The Legal Status of Persons to Whom the Refugee Convention Does Not ApplyIntroductionThe Importance of StatusThe Convention as a Lex Specialis and its Significance for StatusThe Architecture of the Refugee ConventionCategories of RightsMinimum Standards of Treatment for Non-Removable PersonsConclusionConclusionBibliography