This book provides a comprehensive analysis of complementary protection, from its historical development through to its contemporary 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 need of international protection, providing a specialized blueprint for legal status, irrespective of the legal source of the protection obligation.
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
Overview
This book provides a comprehensive analysis of complementary protection, from its historical development through to its contemporary 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 need of international protection, providing a specialized blueprint for legal status, irrespective of ...