Refugee Status and Subsidiary Protection: Towards a Uniform Content of International Protection?

Abstract

Within the European Union (EU), subsidiary protection has been established a form of protection complementary to the refugee status. This hierarchy of international protection forms is clearly set out in the 2004 EU Qualification Directive and its 2011 Recast. The question nonetheless remains: to which extent subsidiary is and should be considered subsidiary to the refugee status?

The present chapter approaches this question by examining the content of the two forms of protection, that is, the rights and benefits granted to refugees and subsidiary protection beneficiaries. Analysing the substantial modifications brought by the 2011 Recast Qualification Directive, it questions the rationale and relevance of the remaining differences in treatment between the two beneficiaries of international protection.

Keywords: European Union, Qualification Directive, subsidiary protection, refugee, content of international protection, rights, benefits, non-discrimination