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The Human Rights of Migrants and Refugees in European Law$
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Cathryn Costello

Print publication date: 2015

Print ISBN-13: 9780199644742

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780199644742.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 November 2019

Defining Protection

Defining Protection

Refugeehood, Non-refoulement, and Human Rights

Chapter:
(p.171) 5 Defining Protection
Source:
The Human Rights of Migrants and Refugees in European Law
Author(s):

Cathryn Costello

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199644742.003.0005

This chapter deals with refugees. The Convention on the Status of Refugees 1951 (with its 1967 Protocol) is the pre-eminent global protection instrument. Its non-refoulement guarantee in particular has been supplemented and extended by International Human Rights Law (IHRL), in particular the ECHR. This chapter explores the interactions between international refugee law and the EU’s Qualification Directive (both in its 2004 Original and 2011 Recast forms), which codifies some aspects of refugee protection in EU law. The chapter appraises the new and far-reaching role of the CJEU as a refugee law court. Whilst the pluralistic interaction between Luxembourg and Strasbourg is generally seen as beneficial for human rights protection, some potential pitfalls are revealed in this chapter.

Keywords:   1951 Refugee Convention, EU Qualification Directive, Article 3 ECHR, non-refoulement, flagrant breach test, subsidiary protection, indiscriminate violence

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