Publication details

Nestátní subjekty v definici uprchlíka

Title in English Non-State Actors in the Refugee Definition
Authors

KOSAŘ David

Year of publication 2013
Type Monograph
MU Faculty or unit

Faculty of Law

Citation
Attached files
Description In 2004, the EU member states adopted the so-called EC Qualification Directive which was supposed to end the bitter dispute regarding non-state agents of persecution, at least within the EU. But, the EC Qualification Directive has not been the end of the story. While it eventually opted for the ‘protection approach’ vis-a-vis the non-state agents of persecution, it simultaneously introduced a brand new concept of ‘non-state actors of protection’. In the meantime, the core of the refugee adjudication has shifted from the issue of agents of persecution to issues such as standard of state protection, exhaustion of remedies available in the country of origin and internal protection alternative. Therefore, the role of the non-state actors in the refugee law has not diminished. To the contrary, we are witnessing the reconceptualising and broadening of their role in the refugee adjudication. The aim of this book is to examine this trend. It focuses primarily on the ‘failure of State protection’ limb of persecution. More specifically, it addresses non-state agents of persecution, non-state actors of protection, the role of non-state actors in internal protection alternative, the concept of effective protection, the requirement of exhausting domestic remedies and the internal protection alternative.
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