Refugeehood, Non-refoulement, and Human Rights
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.
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