Book

Complementary Protection in International Refugee Law

Jane McAdam

Published in print February 2007 | ISBN: 9780199203062
Published online March 2012 | e-ISBN: 9780191724169 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780199203062.001.0001

Series: Oxford Monographs in International Law

Complementary Protection in International Refugee Law

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This book considers the legal obligations countries have to people who do not meet the legal definition of a ‘refugee’, but who have been forcibly displaced from their homes. This is known as ‘complementary protection’, because it complements the central international instrument in this area, the 1951 Refugee Convention. 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 to codify 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-à-vis Convention refugees. Chapters 3 to 5 examine a number of human rights treaties (CAT, ECHR, ICCPR, and CRC) to identify provisions that may give rise to a claim for international protection. 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 complementary protection.

Keywords: refugee law; complementary protection; 1951 Refugee Convention; legal refugees; Qualification Directive; ExCom Conclusion; subsidiary protection; CAT; ECHR; ICCPR; CRC; international protection; non-refoulement

Book.  322 pages. 

Subjects: Public International Law

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Table of Contents

Introduction in Complementary Protection in International Refugee Law

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The Evolution of Complementary Protection in Complementary Protection in International Refugee Law

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The Scope of Ill-Treatment under the ECHR and ICCPR in Complementary Protection in International Refugee Law

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The Legal Status of Persons to Whom the Refugee Convention Does Not Apply in Complementary Protection in International Refugee Law

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Conclusion in Complementary Protection in International Refugee Law

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