its competence to prevent trafficking and provide effective protection and assistance
to victims, the fear of persecution of the individual is likely to be well founded”.194
Under EU legislation (specifically, the EU Qualification Directive), those qualifying for
refugee status can be granted a residence permit valid for at least three years and with
the possibility of renewal, provided that there are no compelling reasons of national
security or public order that require otherwise. 195
Complementary/subsidiary protection
Subsidiary protection refers to legal mechanisms for protecting and according status
to persons in need of international protection who do not fall within the scope of the
definition of refugee as laid out in the UN Refugee Convention. If an individual does
not qualify as a refugee, this does not automatically disqualify that person from being
entitled to international protection on other grounds, such as humanitarian grounds,
or on the basis of other serious threats to life, liberty or security of person that face the
individual on return to her or his country of origin. For example, international human
rights law prohibits the removal of individuals who face a real risk of suffering torture or other cruel, inhuman or degrading treatment or punishment or other forms of
serious harm if returned to their country of origin, and provides that such individuals
have a claim to international protection from the state in which they find themselves.
The principle of non-refoulement in international refugee law is thus complemented by
international human rights law.
In the case of OSCE participating States who are also EU member states, subsidiary protection has been regulated by the EU Qualification Directive, which provides a
detailed description of conditions that apply to persons who may be in need of subsidiary protection. It defines a person eligible for subsidiary protection as a “third country national or a stateless person who does not qualify as a refugee but in respect of
whom substantial grounds have been shown for believing that the person concerned,
if returned to her or his country of origin, or in the case of a stateless person, to her
or his country of former habitual residence, would face a real risk of suffering serious
harm”, and who is “unable, or, owing to such risk, unwilling to avail himself or herself
of the protection of that country”.196 As such, under the EU Qualification Directive,
permits may also be granted on the basis of subsidiary protection if the person is at
risk of serious harm. However, while these permits are renewable on the same terms
194 Ibid., para. 23.
195 EU Qualification Directive, art. 24(1). In addition, Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status, 13 December 2005,
OJ L 326/13 establishes common standards of safeguards and guarantees for accessing a fair and efficient asylum
procedure. This Directive is valid until 21 July 2015, when the new recast version of 26 June 2013 (OJ L 180/60)
becomes applicable. Council Directive 2003/9/EC of 27 January 2003 Laying Down Minimum Standards for the
Reception of Asylum Seekers in Member States, 6 December 2003, OJ L 31/18 establishes common standards for
the living conditions of asylum applicants. As of 21 July 2015, it will be replaced by a recast version of 26 June 2013
(OJ L 180/96), which will ensure that applicants have access to housing, food, health, medical and psychological
care and employment.
196 EU Qualification Directive, art. 2(e).
Part 2: Explanatory Report to the Principles
65
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents