Complementary Protection and Encampment

Human Rights Law Review, Forthcoming

26 Pages Posted: 5 Oct 2020

See all articles by Bríd Ní Ghráinne

Bríd Ní Ghráinne

National University of Ireland, Maynooth (Maynooth University) - Department of Law; Institute of International Relations Prague (Ústavu mezinárodních vztahů); Masaryk University

Date Written: July 28, 2020

Abstract

A camp may be described as a temporary space in which individuals receive humanitarian relief and protection until a durable solution can be found to their situation. The camp environment is often riddled with contradictions - the camp can be a place of refuge while at the same time, a place of overcrowding, exclusion, and suffering. This article asks to what extent removal of an individual from state A to state B, where he or she will have to live in a camp, is a breach of state A’s human rights law obligations. It argues that even if encampment in state B will expose the individual to terrible conditions, it is unlikely that they will be able to successfully challenge a removal decision before international human rights courts and/or treaty monitoring bodies.

Suggested Citation

Ní Ghráinne, Bríd, Complementary Protection and Encampment (July 28, 2020). Human Rights Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3662230 or http://dx.doi.org/10.2139/ssrn.3662230

Bríd Ní Ghráinne (Contact Author)

National University of Ireland, Maynooth (Maynooth University) - Department of Law ( email )

Maynooth, County Kildare
Ireland

Institute of International Relations Prague (Ústavu mezinárodních vztahů) ( email )

Nerudova 3
Prague 1 - Malá Strana, 118 50
Czech Republic

Masaryk University ( email )

Zerotinovo nam. 9
60177 Brno, 603 00
Czech Republic

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