| Introduction |
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1 | (9) |
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1.1 Background and context of thesis |
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1 | (2) |
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3 | (4) |
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Sources used and scope of the research |
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4 | (2) |
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Line of argumentation of the research |
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6 | (1) |
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7 | (3) |
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1 The notion of persecution, historical background and interpretive challenges in the 21st century |
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10 | (25) |
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1.1 The emergence of the notion ofpersecution in international refugee law |
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11 | (9) |
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1.1.1 Legal developments and the progressive conceptualization of who is a refugee in international law |
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11 | (4) |
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1.1.2 The emergence of the notion of persecution as a pivotal concept in the refugee definition |
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15 | (3) |
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1.1.3 Universalisation of the 1951 Convention |
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18 | (2) |
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1.2 A changing geopolitical context |
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20 | (6) |
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1.2.1 Interpreting the notion of persecution during the cold war polarity: a political understanding of the refugee definition |
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20 | (2) |
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1.2.2 Emerging trends of displacements in the 20th century |
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22 | (4) |
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1.3 Interpretive challenges |
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26 | (8) |
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1.3.1 The notion of persecution: a malleable notion? |
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26 | (3) |
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1.3.2 A need for consistent interpretations of the notion of persecution? |
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29 | (1) |
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1.3.3 Basis of definition |
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30 | (1) |
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i Persecution akin to the non-refoulementprinciple? |
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30 | (2) |
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ii The definition of persecution in international criminal law |
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32 | (2) |
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34 | (1) |
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2 Developing an interpretive framework for interpreting the notion of persecution: an assessment of the basic human rights interpretive model |
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35 | (32) |
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2.1 Legal and theoretical justifications for referring to human rights as interpretive benchmarks |
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35 | (8) |
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2.1.1 Teleological approach to refugee law: the 1951 Convention as a human rights instrument? |
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36 | (3) |
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2.1.2 International refugee law as a self-contained regime? |
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39 | (2) |
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2.1.3 The compromise: human rights as the orthodoxy? |
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41 | (1) |
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42 | (1) |
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2.2 The quantitative and qualitative aspects of persecution |
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43 | (12) |
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2.2.1 Qualitative aspect of persecution: basic human rights used as interpretive benchmarks |
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43 | (1) |
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Serious harm: which human rights should be used as benchmarks'? |
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43 | (2) |
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Basic human rights approach: a framework that is too broad? |
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45 | (2) |
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Basic human rights: vague notions? |
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47 | (1) |
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(A) Shirting the interpretive exercise to an equally vague `discursive terrain' |
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47 | (2) |
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(B) Human rights jurisprudence: a solution to precise interpretive guidance? |
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49 | (2) |
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Basic human rights approach: a restrictive framework? |
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51 | (2) |
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2.2.2 Quantitative aspect of persecution |
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53 | (1) |
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Sustained and systemic approach: a restrictive threshold? |
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53 | (2) |
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The basic human rights approach: a formalist and uniform threshold |
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55 | (1) |
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2.3 The surrogacy principle as part of the persecution test? |
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55 | (4) |
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2.3.1 The notion of state protection wrongly equated with the test of persecution? |
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56 | (1) |
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2.3.2 Persecution: a bifurcated approach to the Internal Flight Alternative (IFA) test? |
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57 | (2) |
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2.4 Inconsistent applications of the basic human rights framework in national jurisdictions |
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59 | (6) |
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65 | (2) |
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3 Alternative proposals to the basic human rights approach for interpreting the notion of persecution |
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67 | (37) |
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3.1 A severe violation approach: an expanded basic human rights model? |
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67 | (18) |
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3.1.1 The Qualification Directive of the European Union: first treaty to provide a definition of persecution in refugee law |
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68 | (1) |
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A severe violation approach |
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68 | (5) |
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The restrictive guidance of the CJEU on the notion of persecution |
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73 | (5) |
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Inconsistent practices in Europe after the adoption of the QD |
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78 | (5) |
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3.1.2 The Qualification Directive: a `template for a universal working definition' of persecution? |
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83 | (2) |
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3.2 Departing from a human rights narrative: alternative approaches for interpreting the notion of persecution |
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85 | (16) |
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3.2.1 Persecution, identity, dignity and the concept of personhood |
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85 | (2) |
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3.2.2 Persecution and the core concept of discrimination |
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87 | (1) |
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Persecution as an act based on the five Convention grounds: the pivotal role of the Convention nexus in defining persecution |
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88 | (2) |
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Discrimination versus persecution? |
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90 | (3) |
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3.2.3 The UNHCR's model for interpreting persecution |
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93 | (1) |
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The human rights and circumstantial approaches |
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93 | (3) |
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A framework leading to inconsistent interpretations? |
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96 | (3) |
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Practical benefits of the circumstantial approach |
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99 | (2) |
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101 | (3) |
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4 Interpreting persecution in the context of harm faced by refugee women |
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104 | (2) |
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4.1 Gender-based violence and interpretive challenges |
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106 | (1) |
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4.1.1 The influence of human rights law on the growing recognition of genderbased violence as a form of persecution |
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106 | (1) |
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4.1.2 Human rights: a male-centric paradigm? |
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106 | (1) |
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4.2 The notion of persecution and jurisprudential approaches to gender-based violence |
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106 | (32) |
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4.2.1 The practice of FGM and its persecutory dimension |
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114 | (1) |
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114 | (1) |
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FGM as a physical harm: an act of persecution? |
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115 | (3) |
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Peripheral aspects of the harms surrounding the act of FGM |
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118 | (3) |
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121 | (1) |
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122 | (1) |
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General overview of the notion of domestic violence in asylum cases |
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122 | (1) |
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Conceptual confusion regarding the degree of harm in cases of domestic violence in common-law jurisdictions |
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123 | (4) |
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Domestic violence in the jurisprudence of European countries: inconsistent interpretations of the threshold and nature of harm |
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127 | (3) |
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130 | (1) |
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4.2.3 Trafficking in persons and the conceptualisation of persecution |
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130 | (1) |
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Definition and legal framework |
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130 | (3) |
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The risk of (re) trafficking as a form of persecution |
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133 | (2) |
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Inconsistent approaches regarding the peripheral harms surrounding the trafficking experience |
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135 | (3) |
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138 | (1) |
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138 | (2) |
| Conclusion |
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140 | (4) |
| Index |
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144 | |
Lisainfo e-raamatute kohta