Chapter 12 End-of-chapter question guidance

Claims for international protection

1. What are the benefits and the problems of operating with an international definition of who is a refugee?

  1. Identify the sources of international definition – the Refugee Convention and EC Qualification Directive.
  2. Consider the effects of being able to use case law from other jurisdictions
  3. Consider the effects of an international Convention being operated without an international enforcement body
  4. Note any impact on UK law of decisions on the refugee definition made by the CJEU.

2. Should gender be a Convention reason?

  1. Consider how gender is and is not like the existing Convention reasons
  2. Discuss the extent to which gender can be used to constitute a particular social group.
  3. Identify any gaps in protection which the case law or your wider reading discloses

This essay could be done as a discussion simply of materials found in this chapter, or could form a much wider research project and lengthier essay

3. Does the Refugee Convention provide adequate protection in the twenty-first century. If not, should it now be revised and updated?

  1. Consider the Refugee definition. Who is included?
  2. What current problems are the main causes of migration? Are they included in the Convention?
  3. Discuss whether the Refugee Convention should be updated to include groups that are currently excluded? Is there the political will to amend the Convention? What would the consequences of amendment be? Are there other solutions that may be more appropriate?
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