Complementary Protection in International Refugee Law

 

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Complementary Protection in International Refugee Law


by Jane McAdam (Author)

 

Hardback

ISBN: 9780199203062

 

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Offers a 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 1951 Refugee Convention. This book also provides an analysis of complementary 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 complementary protection.


 

ISBN 199203067
ISBN13 9780199203062
Publisher Oxford University Press
Format Hardback
Publication date 22/02/2007
Pages 336
Weight (grammes) 662
Published in United Kingdom
Height (mm) 234
Width (mm) 156

Table of Treaties and Statutes
Table of Cases
Abbreviations
INTRODUCTION
1. The Evolution of Complementary Protection
Introduction
Defining Complementary Protection
The 1951 Refugee Convention
Complementary Protection and International Law
Conclusion
2. The European Union Qualification Directive: The Creation of a Subsidiary Protection Regime
Creation of the Qualification Directive
The Directive's Subsidary Protection Regime
Subsidiary Protection Exclusion Clauses
The Content of International Protection: Substantive Rights
'Minimum Standards' - a Harmonized Approach?
Conclusion
3. An Alternative Asylum Mechanism: The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Introduction
The Structure of the CAT
Torture Prohibition in Domestic Complementary Protection
Conclusion
4. The Scope of Ill-Treatment under the ECHR and ICCPR
Introduction
The ECHR and Asylum
Unqualified Rights
Qualified Rights
Protection for Socio-Economic Reasons
The International Reach of the ECHR
Conclusion
5. Protection and 'The Best Interests of the Child': The Convention on the Rights of the Child
Introduction
Special Protection of Children Under International Law
The Convention on the Rights of the Child
'The Best Interests of the Child' - Article 3
The Weight to be Given to the Child's Best Interests
Jurisprudence on 'The Best Interests of the Child'
Conclusion
6. The Legal Status of Persons to Whom the Refugee Convention Does Not Apply
Introduction
The Importance of Status
The Convention as a Lex Specialis and its Significance for Status
The Architecture of the Refugee Convention
Categories of Rights
Minimum Standards of Treatment for Non-Removable Persons
Conclusion
CONCLUSION
BIBLIOGRAPHY

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