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European Divergent Approaches to Protection Claims Based on the Eritrean Military/National Service Programme

Arapiles, Sara LU (2022) In International Community Law Review 24(4). p.335-357
Abstract
Drawing on data from the United Kingdom, Sweden, Germany, and Switzerland, this article shows that during the process of interpreting the refugee definition and applying it to the context of the Eritrean Military/National Service Programme (MNSP), the definition is subject to various interpretations and applications. As a result, the treatment of similarly situated Eritrean asylum applications differs from one country to another. The article illustrates that asylum courts from the selected jurisdictions sideline relevant factors that classify the MNSP as slavery by failing to engage normatively with the international law definition of slavery. The findings suggest that a defective incorporation of international legal instruments in the... (More)
Drawing on data from the United Kingdom, Sweden, Germany, and Switzerland, this article shows that during the process of interpreting the refugee definition and applying it to the context of the Eritrean Military/National Service Programme (MNSP), the definition is subject to various interpretations and applications. As a result, the treatment of similarly situated Eritrean asylum applications differs from one country to another. The article illustrates that asylum courts from the selected jurisdictions sideline relevant factors that classify the MNSP as slavery by failing to engage normatively with the international law definition of slavery. The findings suggest that a defective incorporation of international legal instruments in the assessment of protection claims based on slavery contributes to conflicting interpretations and applications of the refugee definition and can unduly de-legitimise Eritrean applications for refugee status as ‘unwanted migrants’. (Less)
Please use this url to cite or link to this publication:
author
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Eritrea, Slavery, Refugee Definition, Divergences, Europe, Mänskliga rättigheter
in
International Community Law Review
volume
24
issue
4
pages
22 pages
publisher
Brill
external identifiers
  • scopus:85139407596
ISSN
1871-9732
DOI
10.1163/18719732-bja10089
language
English
LU publication?
no
id
1e2fa615-0943-465a-a399-0fd4571e90dc
date added to LUP
2024-04-17 10:31:25
date last changed
2025-06-20 10:34:24
@article{1e2fa615-0943-465a-a399-0fd4571e90dc,
  abstract     = {{Drawing on data from the United Kingdom, Sweden, Germany, and Switzerland, this article shows that during the process of interpreting the refugee definition and applying it to the context of the Eritrean Military/National Service Programme (MNSP), the definition is subject to various interpretations and applications. As a result, the treatment of similarly situated Eritrean asylum applications differs from one country to another. The article illustrates that asylum courts from the selected jurisdictions sideline relevant factors that classify the MNSP as slavery by failing to engage normatively with the international law definition of slavery. The findings suggest that a defective incorporation of international legal instruments in the assessment of protection claims based on slavery contributes to conflicting interpretations and applications of the refugee definition and can unduly de-legitimise Eritrean applications for refugee status as ‘unwanted migrants’.}},
  author       = {{Arapiles, Sara}},
  issn         = {{1871-9732}},
  keywords     = {{Eritrea; Slavery; Refugee Definition; Divergences; Europe; Mänskliga rättigheter}},
  language     = {{eng}},
  number       = {{4}},
  pages        = {{335--357}},
  publisher    = {{Brill}},
  series       = {{International Community Law Review}},
  title        = {{European Divergent Approaches to Protection Claims Based on the Eritrean Military/National Service Programme}},
  url          = {{http://dx.doi.org/10.1163/18719732-bja10089}},
  doi          = {{10.1163/18719732-bja10089}},
  volume       = {{24}},
  year         = {{2022}},
}