Jump to ContentJump to Main Navigation
The Human Rights of Migrants and Refugees in European Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 October 2020

Defining Protection

Defining Protection

Refugeehood, Non-refoulement, and Human Rights

(p.171) 5 Defining Protection
The Human Rights of Migrants and Refugees in European Law

Cathryn Costello

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .