UNHCR Protection Manual - Related sources

This paper explores the meaning and scope of the 1951 refugee definition in regards to refugee protection claims of individuals who have fled armed conflict and other situations of violence and identifies conflicting trends in international refugee law and practice concerning such claims. This paper argues that the 1951 Convention is a relevant tool for the protection of people who have fled armed conflict and other situations of violence in their country of origin. Though the mere fact of having fled from such situations does not substantiate a claim to refugee status under the 1951 Convention, the wording of the 1951 refugee definition, the object and purpose of the 1951 Convention and its historical background warrant an inclusive interpretation regarding refugee protection claims arising out of armed conflict and other situations of violence.

This paper aims to bring some preliminary focus to a sub‐set of female refugee claimants, by asking three interrelated questions. 1) can violence directed against women and girls during conflict ever be described as indiscriminate (and therefore not persecutory for the purposes of the Refugee Convention)? 2) on what legal basis, if any, could a woman or girl fleeing conflict meet the definition of ‘refugee’? 3) what problems do women and girls fleeing conflict face when making refugee claims, and are these problems different from those faced by female claimants fleeing peacetime ill‐ treatment?

"social visibility" and "particularity" requirements for the ground of membership to a particular social group for refugee protection.

This study assesses jurisprudential developments in the case law in both common law and civil law jurisdictions over the past decade. In particular, it explores the degree to which courts have continued to invoke one or both of the dominant interpretative approaches, evaluates the extent to which new tests or elements of the tests have emerged, and undertakes a critical analysis of the state of jurisprudential interpretation of PSG today. It also examines the extent to which interpretation of the MPSG ground has evolved to meet the protection needs of emerging groups and those historically overlooked in refugee law analysis.

adequate reception conditions and the social rights of asylum-seeking and refugee children.

The question whether persecuted women can be refugees seems uncontroversial and now well-settled as a matter of international refugee law. Yet, closer scrutiny of case law suggests that there are multiple impediments to the recognition of women’s asylum claims. In this paper, the author presents three emerging trends in the jurisprudence of a number of countries, which have an impact on the recognition of gender-related asylum claims. The author calls these trends – distinction, discretion and discrimination – the “new frontiers” to gender-related claims.

On detention of asylum-seekers for the purposes of expulsion; prolonged detention; risk of refoulement

On detention of asylum-seekers, including those transferred to Hungary under the Dublin II Regulation, for the purposes of expulsion; prolonged detention; risk of refoulement.