Protection Gaps and Temporary Protection

In: Max Planck Yearbook of United Nations Law Online
View More View Less
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution


Buy instant access (PDF download and unlimited online access):


The Convention relating to the Status of Refugees (the 1951 Convention) does not address all the challenging questions posed by contemporary forced migration. The 1951 Convention does not deal with persons fleeing armed conflict, admission and large-scale movement of forced migrants in a clear and comprehensive manner. In addition to this, restrictive interpretation of the refugee definition provided in Art. 1 A (2) of the 1951 Convention by State authorities, popularity of non-entrée policies and the absence of solidarity in response to large-scale forced migration movements create protection gaps. A number of initiatives have been adopted at the national, regional and international level to remedy these gaps and one of them is temporary protection. This article focuses on protection gaps and temporary protection. The first part of the article explores the extent to which the 1951 Convention deals with persons fleeing armed conflict, admission and mass-influx situations, and it seeks to clarify the reason why there are protection gaps concerning these issues. Building on this analysis, the second part of the article defines temporary protection by reviewing temporary protection policies in Turkey, the United States and the European Union and it explores to what extent temporary protection regimes can remedy protection gaps and provide effective protection to forced migrants.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 242 85 2
Full Text Views 169 3 0
PDF Views & Downloads 52 14 0