The End of Protection: The Danish ‘Paradigm Shift’ and the Law of Cessation
In: Nordic Journal of International LawSearch for other papers by Nikolas Feith Tan in
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Abstract
This contribution discusses the recent ‘paradigm shift’ in Danish refugee policy towards temporary protection and return in light of the law of the international legal standards governing when an asylum state can end the protection of refugees. The article provides an overview of the spectrum of cessation standards drawing on the 1951 Refugee Convention, complementary protection under human rights law and the concept of temporary protection, before setting out the legislative changes making up the Danish ‘paradigm shift’. The Danish case reveals a structural gap in the law of cessation as it regards to complementary protection. The lack of a comprehensive complementary protection framework in some jurisdictions leaves the law open to governments wishing to instrumentalise and minimise protection obligations. Finally, the article analyses legal and policy implications of the policy turn, discussing Denmark’s potential role as a forerunner in temporary protection and cessation, gaps in the law of cessation vis-à-vis complementary protection, and calling for increased scholarly focus on the law of cessation.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 2646 | 325 | 63 |
| Full Text Views | 300 | 34 | 0 |
| PDF Views & Downloads | 676 | 78 | 2 |
The End of Protection: The Danish ‘Paradigm Shift’ and the Law of Cessation
In: Nordic Journal of International LawSearch for other papers by Nikolas Feith Tan in
Current site
Google Scholar
PubMed
Abstract
This contribution discusses the recent ‘paradigm shift’ in Danish refugee policy towards temporary protection and return in light of the law of the international legal standards governing when an asylum state can end the protection of refugees. The article provides an overview of the spectrum of cessation standards drawing on the 1951 Refugee Convention, complementary protection under human rights law and the concept of temporary protection, before setting out the legislative changes making up the Danish ‘paradigm shift’. The Danish case reveals a structural gap in the law of cessation as it regards to complementary protection. The lack of a comprehensive complementary protection framework in some jurisdictions leaves the law open to governments wishing to instrumentalise and minimise protection obligations. Finally, the article analyses legal and policy implications of the policy turn, discussing Denmark’s potential role as a forerunner in temporary protection and cessation, gaps in the law of cessation vis-à-vis complementary protection, and calling for increased scholarly focus on the law of cessation.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 2646 | 325 | 63 |
| Full Text Views | 300 | 34 | 0 |
| PDF Views & Downloads | 676 | 78 | 2 |