Discrimination regarding access to international protection

: a study of the activation of the temporary protection directive in response to mass displacement from Ukraine

Abstract

In response to the mass displacement caused by the Russian military invasion of Ukraine, the European Union activated for the first time the Temporary Protection Directive (TPD), signaling a shift towards ensuring safe access to protection for displaced persons. However, concerns have arisen regarding differential treatment in relation to other categories of asylum seekers, and also between persons eligible to temporary protection. This study examines whether such differential treatment amounts to unlawful discrimination, focusing on access to protection. The analysis is made through an examination of legislation, literature, and case-law. While acknowledging the importance of other grounds that shape discrimination in this context, the analysis is centered on nationality and race, two interrelated and prevalent grounds of refugee discrimination. By assessing the differential treatment granted to displaced persons from Ukraine, this study aims to identify unlawful discrimination and examine how non-discrimination rules can challenge State actions. The findings contribute to an understanding of refugee discrimination and underscore the importance of doctrinal tools in addressing differentiation within the global refugee regime.

Date of Award	3 Oct 2024
Original language	English
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Benedita Menezes Queiroz (Supervisor)