This thesis evaluates Canada‘s compliance with human rights-based complementary
international protection. Through an analysis of the roots of international refugee
protection, it first links the evolution of the latter with the development of human rights
law instruments. It then defines complementary protection as the corpus of legal bases for
asylum claims outside of the Convention Relating to the Status of Refugees. It uses
various human rights instruments to outline international protection obligations, which
take three different forms of complementary protection. The first one consists in
independent protection mechanisms outside of the Refugee Convention, the most
important being the formulation of non-refoulement in the Convention Against Torture.
The others are rights that expand the application of existing protection mechanisms, and
protection mechanisms established by the UNHCR outside of existing international treaties. This thesis argues that Canada‘s application of these norms reflects partial
compliance with its obligations, as it acknowledges important humanitarian concerns
regarding international protection, while attempting to preserve its prerogative to exclude
individuals based on national security.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:NSHD.ca#10222/13070 |
| Date | 30 August 2010 |
| Creators | Przybytkowski, Zofia |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
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