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Main Debates
Adequacy of the 1951 Geneva Convention in the Context of the Various Forms of Forced Displacement: Are Additional (International or Regional) Instruments Needed to Secure Protection for Victims of Generalised Violence, Armed Conflict etc.?
Should there be a 'Sliding Scale' of Protection and Entitlements?
Main Points
The Need for a Wider Scope of Beneficiaries, and for Establishing the Protection Standards to be Accorded for Persons in Need of Subsidiary Protection
UNHCR Documents
UNHCR, 'The International Protection of Refugees: Complementary Forms of Protection', April 2001.
EU Documents
Council Directive 8043/04 of 27 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted.
Readings
Core
R. Mandal, ‘Protection Mechanisms Outside of the 1951 Convention (“Complementary Protection”)’, in UNHCR Legal and Protection Policy Research Series (UNHCR, 2005).
R. Plender and N. Mole, ‘Beyond the Geneva Convention: constructing a de facto right of asylum from international human rights instruments’, in F. Nicholson and P. Twomey (eds), Refugee Rights and Realities. Evolving International Concepts and Regimes (Cambridge: Cambridge University Press, 1999), pp. 81–105.
Extended
J. McAdam, ‘The European Union Qualification Directive: The Creation of a Subsidiary Protection Regime’, International Journal of Refugee Law, vol. 17, no. 3 (2005), pp. 461–516.
J. Vedsted-Hansen, ‘Assessment of the Proposal for an EC Directive on the Notion of Refugee and Subsidiary Protection from the perspective of International Law’, in D. Bouteillet-Paquet (ed.), Subsidiary protection of refugees in the European Union: complementing the Geneva Convention? (Brussels: Bruylant, 2002), pp. 57–78.
EU Instruments
Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted.
Council Directive 2004/83 of 29 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted.
UNHCR Documents
The International Protection of Refugees: Complementary Forms of Protection
UNHCR, 'The International Protection of Refugees: Complementary Forms of Protection', April 2001.
Readings
Core
Protection Mechanisms Outside of the 1951 Convention (“Complementary Protection”)
R. Mandal, ‘Protection Mechanisms Outside of the 1951 Convention (“Complementary Protection”), Legal and Protection Policy Research Series (UNHCR, 2005).
Beyond the Geneva Convention: Constructing a De Facto Right of Asylum from International Human Rights Instruments
R. Plender and N, Mole, 'Beyond the Geneva Convention: constructing a de facto right of asylum from international human rights instruments' in F. Nicholson and P. Twomey (eds.) Refugee Rights and Realities. Evolving International Concepts and Regimes (Cambridge: Cambridge University Press 1999), 81-105.
Extended
The European Union Qualification Directive: The Creation of a Subsidiary Protection Regime
J. McAdam, ’The European Union Qualification Directive: The Creation of a Subsidiary Protection Regime’ (2005) 17 International Journal of Refugee Law 461-516.
Assessment of the Proposal for an EC Directive on the Notion of Refugee and Subsidiary Protection from the Perspective of International Law
J. Vedsted-Hansen 'Assessment of the Proposal for an EC Directive on the Notion of Refugee and Subsidiary Protection from the perspective of International Law' in D. Bouteillet-Paquet (ed.), Subsidiary protection of refugees in the European Union: complementing the Geneva Convention? (Brussels: Bruylant, 2002), 57-78. Reproduced with permission of Bruylant Brussels (c) 2002, Bruylant Brussels.
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