The Grey Areas of Refugee Protection: The legal and political dimensions of a restrictive temporary status for war refugees

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The Grey Areas of Refugee Protection: The legal and political dimensions of a restrictive temporary status for war refugees

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Publication Bachelor thesis
Title The Grey Areas of Refugee Protection: The legal and political dimensions of a restrictive temporary status for war refugees
Author(s) Scott Ochsner, Sarah
Date 2015
English abstract
While there exists in the literature on refugees’ rights a broad consensus on the existence of an overlapping and common ground between IHRL and IRL, gaps continue to exist in state implementation of these two legal systems. Concepts of sovereignty and border control continue to take predominance when refugees are the rights-bearers, and this tendency is more pronounced in the event of complementary protection. This thesis investigated the recent creation of a temporary protection status in the Danish Aliens Act by legal method and political case study to understand the interrelation of these systems, as manifested by the ECHR and the Refugee Convention. The legal analysis revealed the amendments’ misinterpretation of the principle of good faith of treaty interpretation. The political reasoning behind the amendment was used to shed light on domestic alignment with international law, in order to clarify the political and moral function of human rights. It was suggested that the main challenge to such misinterpretations remains the separation of human rights with its inherent moral purpose.
Publisher Malmö högskola/Kultur och samhälle
Pages 62
Language eng (iso)
Subject(s) refugee protection
asylum
Danish Aliens Act
complementary protection
Refugee Convention
ECHR
CRC
armed conflict
Handle http://hdl.handle.net/2043/19047 (link to this page)

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