Treating Like Alike: The Principle of Non-Discrimination as a Tool to Mandate the Equal Treatment of Refugees and Beneficiaries of Complementary Protection
49 Pages Posted: 22 Oct 2010
Date Written: 2010
Recent years have seen academics in the field of international law demonstrate a growing interest in the subject of complementary protection, particularly in the rights that follow from complementary protection as opposed to from refugee status. While scholars have largely focused on the ‘protection gap’ between the rights granted to refugees and those granted to beneficiaries of complementary protection in the context of international law, they often overlook the fact that this ‘gap’ is most significant at a domestic level. They also overlook the potential usefulness of the principle of nondiscrimination codified under art 26 of the International Covenant on Civil and Political Rights as a way to close the ‘protection gap’ between the two groups. This paper seeks to promote art 26 as a valuable tool for the elimination of differentiation between refugees and beneficiaries of complementary protection, thereby enhancing its role as a source of rights for highly vulnerable individuals and enriching the way we think about entitlement to protection at international law.
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