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

Palacios-Arapiles, Sara

Authors

Sara Palacios-Arapiles



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 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'.

Citation

Palacios-Arapiles, S. (2022). European Divergent Approaches to Protection Claims Based on the Eritrean Military/National Service Programme. International Community Law Review, 24(4), 335-357. https://doi.org/10.1163/18719732-bja10089

Journal Article Type Article
Acceptance Date May 25, 2022
Online Publication Date Aug 8, 2022
Publication Date Aug 8, 2022
Deposit Date Aug 17, 2022
Publicly Available Date Aug 17, 2022
Journal International Community Law Review
Print ISSN 1871-9740
Electronic ISSN 1871-9732
Publisher Brill Academic Publishers
Peer Reviewed Peer Reviewed
Volume 24
Issue 4
Pages 335-357
DOI https://doi.org/10.1163/18719732-bja10089
Keywords Law, Political Science and International Relations
Public URL https://nottingham-repository.worktribe.com/output/10079030
Publisher URL https://brill.com/view/journals/iclr/24/4/article-p335_4.xml

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