Complementary Protection

Jane McAdam

Chapter 11 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 64-69 from Edward Elgar Publishing

Abstract: There are many people displaced across borders who do not meet the definition of a ‘refugee’ in the 1951 Refugee Convention, but who nonetheless require international protection. As the principle of non-refoulement has evolved in human rights law to protect people at risk of other serious or ‘irreparable’ harm, so it has given rise to the concept of complementary protection. Broadly speaking, this describes a status in domestic law premised on the application of non-refoulement beyond the 1951 Refugee Convention, which, in international law, precludes (at a minimum) the removal of people who face a real risk of being arbitrarily deprived of life or being subjected to the death penalty, torture, or cruel, inhuman, or degrading treatment or punishment. As the term suggests, complementary protection is a complement to refugee protection, which means it should only be considered after a person's claim for refugee status has been comprehensively assessed.

Keywords: Complementary protection; International human rights law; International refugee law; International protection; Non-refoulement; Asylum (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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