Please enable JavaScript.
Coggle requires JavaScript to display documents.
Stoyanova (2019) - Coggle Diagram
Stoyanova (2019)
Key Concepts :fire:
Complementary protection
A form of legal protection granted to individuals who do not meet the strict definition of “refugee” but who nonetheless face serious risks of harm (such as torture or inhuman treatment) if returned to their country
-
Vulnerability
Individuals or groups (e.g., victims of trafficking, unaccompanied minors, survivors of violence) need for special protection or procedural safeguards
Coercion
Coercion refers to the use of force, threats, or abuse of vulnerability to compel individuals into exploitative situations (trafficking)
Non-refoulement
Prohibits the return ("refoulement") of a person to a country where they face a real risk of persecution, torture, inhuman or degrading treatment, or re-trafficking
non-punishment
Trafficking victims should not be penalized for unlawful acts (e.g., illegal entry, use of false documents, prostitution) that they were compelled to commit as a result of being trafficked
-
-
Evidence :star:
UN instruments (1951 Refugee Convention, UN Trafficking Protocol)
Analysis of procedural barriers, failures in reception systems, and legal definitions
EU Directives (Reception Conditions Directive, Procedures Directive, Trafficking Directive)
Real-world examples of asylum seekers: at least
10 000 unaccompanied child refugees have disappeared after arriving in Europe,
Case law: L.E. v. Greece, M.S.S. v. Belgium and Greece, Tarakhel v. Switzerland
Goals :red_flag:
To advocate for coordinated procedures that respect and uphold the rights of trafficked persons seeking asylum
-
-
-
Conclusions :explode:
The protective potential of vulnerability framing is often undermined when used for migration control rather than human rights
There is an urgent need for better coordination and referral mechanisms between victim identification systems and refugee status determination procedures
The failure to align refugee and anti-trafficking procedures can deepen vulnerabilities for asylum seekers, especially women and children
Efforts to combat trafficking should not come at the expense of restricting access to asylum or undermining the right to leave and seek protection
Purpose :pen:
-
To advocate for coherent, rights-based coordination between asylum and anti-trafficking systems
-
Main Argument :unlock:
Refugee status determination procedures and inadequate reception can increase vulnerability to trafficking and exploitation
The concept of "vulnerability" is applied inconsistently, protections or a tool of exclusion, surveillance
-