Skip to main content

Research Repository

Advanced Search

Conflict Refugees: European Union Law and Practice

Querton, Christel

Conflict Refugees: European Union Law and Practice Thumbnail


Authors



Abstract

Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the relevance of the Refugee Convention, this book demonstrates how appellate authorities across the EU approach situations of armed conflict predominantly through outdated understandings of warfare and territoriality. Thus, they apply a higher standard of proof than is warranted by international refugee law. Adopting a gender perspective, Querton also shows how appellate authorities fail to acknowledge the gender-differentiated impact of armed conflicts. Drawing from gender and security studies, this book proposes an original conceptual framework which, supported by existing international legal standards, reframes the definition of ‘refugee’ and better reflects the reality of violence in modern-day conflicts. In doing so, it re-asserts the Refugee Convention as the cornerstone of international protection.

Citation

Querton, C. (2023). Conflict Refugees: European Union Law and Practice. Cambridge: Cambridge University Press

Book Type Monograph
Acceptance Date Oct 27, 2022
Online Publication Date Jul 31, 2023
Publication Date 2023
Deposit Date Jan 27, 2023
Publicly Available Date Feb 1, 2024
Publisher Cambridge University Press
Series Title Cambridge Asylum and Migration Studies
ISBN 9781009359429
Keywords Law, Human Rights, Humanitarian Law
Public URL https://uwe-repository.worktribe.com/output/10389602
Related Public URLs https://www.cambridge.org/core/books/conflict-refugees/3FC72213CDC52737B4CFCA1D4FD2B68D

Files

Conflict Refugees: European Union Law and Practice - Chapter 5 (634 Kb)
PDF

Licence
http://www.rioxx.net/licenses/all-rights-reserved

Publisher Licence URL
http://www.rioxx.net/licenses/all-rights-reserved

Copyright Statement
This is the authors accepted manuscript of 'Chapter 5: Judicial Constructions of ‘Well-Founded Fear of Being Persecuted’ in Situations of Contemporary Armed Conflicts', which features in the book 'Conflict Refugees: European Union Law and Practice' published by Cambridge University Press in July 2023.

Copyright: Cambridge University Press 2023.

The published book is available here: https://www.cambridge.org/core/books/conflict-refugees/3FC72213CDC52737B4CFCA1D4FD2B68D







You might also like



Downloadable Citations