The Standard of Proof in Complementary Protection Cases: Comparative Approaches in North America and Europe
Why this work is in the frame
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Bibliographic record
Abstract
Though the title of this paper implies a technical and comparative legal analysis of the standard of proof in complementary protection claims vis-a-vis Convention refugee claims, this is only part of its substance. Indeed, while the standard of proof has become a central distinguishing feature in the Canadian context between attaining protection as a 'refugee' or as a 'person in need of protection', this debate has been largely absent from the EU arena. Nevertheless, high evidentiary burdens, combined with a haphazard consideration of the three possible grounds for subsidiary protection in the EU, mean that as in Canada, subsidiary protection status cannot be regarded as a residual status for people who would be Convention refugees but for the absence of a nexus with one of the five Convention grounds. Accordingly, this paper focuses on the legal impediments to obtaining subsidiary protection in the EU that have manifested themselves in the 18 months since the Qualification Directive entered into force for the EU Member States. Its particular issue is article 15(c), which extends protection to those facing serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict. This paper examines how article 15(c) has been interpreted in the jurisprudence of a number of EU Member States and demonstrates why it is not functioning effectively as a complementary form of protection.
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Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it