A Study of the Protection Afforded to Persons at Risk of Trafficking by Article 1A(2) of the Geneva Convention Regarding the Status of Refugees (1951) as Amended by the Protocol Relating to the Status of Refugees (1967)

Abstract

The Geneva Convention regarding the Status of Refugees (1951) protects whoever can be considered a refugee internationally. Even though there is little doubt trafficked persons suffer harm on account of this criminal business, the applicability of the Convention in these cases is problematic since persons at risk cannot easily fulfil the criteria set up in Art. 1A(2) of the Refugee Convention. Challenges are faced both in relation to the concept of persecution and in linking the harm to a Convention ground. Development in the field of gender-specific and gender-related persecution has however provided for limited opportunities to claim refugee status when fearing trafficking, which can be seen in case law and the Office of the United Nations High Commissioner for Refugees Guidelines on the Application of the refugee Convention to People who have been Trafficked. However, it may sometimes prove more fruitful to claim complementary protection under the European Union Refugee Qualification Directive or Art. 3 European Convention of Human Rights.