The Principle of Non-Refoulement in Light of Subsidiary Protection: A Review of the Prohibition on Refoulement and its Related Jurisprudence

Abstract

The principle of non-refoulement is the backbone of international refugee law. This principle paved the way for a jurisprudence which transformed the asylum policy in many states. The most notable developments appeared within the legal regimes under the European Convention on Human Rights and the European Union. Within the present study, a discussion will be offered concerning the issue of subsidiary protection within the European Union, in light of the principle of non-refoulement. A review will be offered on the decisions of the European Court of Human Rights concerning Article 3 of the Convention, which had a tremendous impact upon both the Union's legislation and its interpretation by the European Court of Justice.

Keywords: Subsidiary Protection; Non-refoulement; Migration; Qualification Directive