Refugee Status and Subsidiary Protection: Towards a Uniform Content of International Protection?

in V. Chetail, P. De Bruycker and F. Maiani (eds.), Reforming the Common European Asylum System: The New European Refugee Law, Brill/Nijhoff, 2016, 240-268.

33 Pages Posted: 1 Jun 2015 Last revised: 23 Mar 2016

See all articles by Céline Bauloz

Céline Bauloz

Global Migration Centre, Graduate Institute of International and Development Studies

Géraldine Ruiz

Graduate Institute of International and Development Studies (IHEID) - Global Migration Centre

Date Written: October 30, 2014

Abstract

Within the European Union (EU), subsidiary protection has been established a form of protection complementary to the refugee status. This hierarchy of international protection forms is clearly set out in the 2004 EU Qualification Directive and its 2011 Recast. The question nonetheless remains: to which extent subsidiary is and should be considered subsidiary to the refugee status?

The present chapter approaches this question by examining the content of the two forms of protection, that is, the rights and benefits granted to refugees and subsidiary protection beneficiaries. Analysing the substantial modifications brought by the 2011 Recast Qualification Directive, it questions the rationale and relevance of the remaining differences in treatment between the two beneficiaries of international protection.

Keywords: European Union, Qualification Directive, subsidiary protection, refugee, content of international protection, rights, benefits, non-discrimination

Suggested Citation

Bauloz, Céline and Ruiz, Géraldine, Refugee Status and Subsidiary Protection: Towards a Uniform Content of International Protection? (October 30, 2014). in V. Chetail, P. De Bruycker and F. Maiani (eds.), Reforming the Common European Asylum System: The New European Refugee Law, Brill/Nijhoff, 2016, 240-268.. Available at SSRN: https://ssrn.com/abstract=2612350

Céline Bauloz (Contact Author)

Global Migration Centre, Graduate Institute of International and Development Studies ( email )

Rue de Lausanne 132
P.O. Box 136
Geneva, 1211
Switzerland

HOME PAGE: http://graduateinstitute.ch/home/research/centresandprogrammes/global-migration/Whoweare/celinebaulo

Géraldine Ruiz

Graduate Institute of International and Development Studies (IHEID) - Global Migration Centre ( email )

Maison de la paix, Chemin Eugène-Rigot 2
P.O. Box 136
Geneva, 1211
Switzerland

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