Complementary Protection in International Refugee Law

by Jane McAdam

This book provides a comprehensive analysis of complementary protection, from its historical development through to its contemporary application. By examining the human rights foundations of the Convention, the architecture of Convention rights, regional examples of complementary protection, and principles of non-discrimination, the book argues that the Convention acts as a type of lex specialis for persons in need of international protection, providing a specialized blueprint for legal status, irrespective of the legal source of the protection obligation.

322 pages, Hardcover

First published March 22, 2007

Reviews

[Sasha Wolf · Rating 4 out of 5]

Argues that people who do not qualify for refugee status - e.g. because they are fleeing generalised violence rather than specific persecution - but have similar protection needs, should be entitled to the same status that is provided for refugees by the 1951 Convention. This is of course a position I agree with from an ethical point of view, but I wasn't entirely convinced by McAdam's legal arguments.

[Wendy · Rating 4 out of 5]

Obviously not pleasure reading, but really thorough and interesting look into the complementary protection "regime" insofar as it exists. Argues that while an absolute right to non-refoulement under certain circumstances (eg, CAT protection) is an important baseline, the protections and legal status afforded those who meet the criteria of a "refugee" under the 1951 Convention should be granted to those who have similar protection needs but are excluded from "refugee protection" - especially since a need for non-refoulement is the most important common denominator among these varied groups.