Position paper of the CCDH on the act of the 11th of July, 2011, modifying the Act of the 29th of August, 2008 on the freedom of movement and immigration, and the Act of the 5th of May, 2006 on asylum rights and subsidiary protection measures
Refugee status, Subsidiary protection (up to 3 years)
Definition of 'refugee' in asylum law
The act referred to by this position paper refers to the definition of the Geneva convention, specifying that the status of refugee can also be granted upon the HCR mandate. The definition of persecution acts is detailed in Article 31, borrowed from the EU Qualification directive (2004/83/EC), mentioning "acts of a gender-specific or child-specific nature". Besides, this act contemplates the possibility to grant subsidiary protection to those who do not meet the criteria stated above, notably if they are threatened to be executed or at risk of suffering inhuman or degrading treatments (article 37).
Definition of 'particular social group' and type(s) of persecution addressed
Not specified in the act referred to by this position paper, but can be inferred from article 31
National Human Rights Consultative Committee (CCDH), http://www.ccdh.public.lu/fr/avis/2011/avis_PL6218_final.pdf