Subsidiary Protection and Primary Rights

The European Union is in the process of adopting a Common European Asylum Policy. At the core of that policy lies the issue, who exactly is entitled to international (subsidiary) protection where they do not qualify under the Refugees Convention. The article assesses that entitlement to international protection outside the scope of the Convention. It addresses the types of risk or harm deemed to raise an entitlement to subsidiary protection, as set out in the proposed Directive, and discusses the extent to which the EU standard confirms, develops or fails to match up to international law.