Contemporary armed conflicts, especially civil wars, create massive displacements. Well defined and effective protection mechanisms are necessary to make sure the displaced persons receive adequate protection and states receiving the influx are able to cope with the pressure. Not all persons displaced by an armed conflict can be protected within the Convention Relating to the Status of Refugees, but states have an obligation under customary international law to provide refuge to persons fleeing persecution, torture and immediate harm to their life and physical integrity. This thesis demonstrates that temporary protection can provide a viable framework to respond to large scale influx of persons fleeing armed conflict that will cover the protection gaps in the 1951 Convention and the state obligation to provide refuge. Temporary protection is not new and it has been used in the past by states in response to mass population movements. However, the legal basis of temporary protection is not clear. There is no structured legal framework regulating temporary protection at an international level and there are very few legal instruments providing states with guidance on how to introduce and implement a temporary protection regime. Addressing these issues, this thesis clarifies the legal basis for temporary protection, identifies the elements of a viable temporary regime and makes a comprehensive analysis of different temporary protection practices. Building on these assessments, this thesis offers guidance on how to introduce and implement a temporary protection regime which operates within the boundaries of international law and human rights without compromising the elements that make it a practical and efficient framework to cope with mass influx situations. By following the proposed guidance, states can introduce and implement a practical and efficient protection regime that ensures the fundamental human rights and freedoms of persons fleeing armed conflict.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:687195 |
| Date | January 2015 |
| Creators | Ciger, Meltem Ineli |
| Publisher | University of Bristol |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
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