Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

78 | PRACTITIONERS GUIDE No. 6
In particular, “they should not be penalized or exposed to any unfavourable
treatment solely on the ground that their presence in the country
is considered unlawful; they should not be subjected to restrictions on
their movements other than those which are necessary in the interest
of public health and public order”. 152
Box 5. Temporary Protection in the European Union
The Council Directive 2001/55/EC of 20 July 2001 on minimum
standards for giving temporary protection in the event
of a mass influx of displaced persons and on measures promoting
a balance of efforts between Member States in receiving
such persons and bearing the consequences thereof
(“the Temporary Protection Directive”) sets out procedures to
provide immediate and temporary protection, in the event of a
mass influx or imminent mass influx of displaced persons from
third countries who are unable to return to their country of origin.
In particular, the procedure will be triggered when there
is a risk that the asylum system will be unable to process this
influx without an adverse effect on its efficient operation, in
the interests of the person concerned and other persons requesting
protection. 153
The beneficiaries of this protection are “displaced persons”, i.e.
“third country nationals or stateless persons who had to leave
their country or region of origin or have been evacuated, in
particular in response to an appeal by international organisations,
and are unable to return in safe and durable conditions
because of the situation prevailing in that country and who
may fall within the scope of Art. 1A of the Geneva Convention
or other international or national instruments giving international
protection”. 154 This definition includes, amongst others,
persons who have fled areas of armed conflict or endemic
violence and persons at serious risk of, or who have been the
victims of, systematic or generalised violations of their human
rights. 155
152 Ibid., para. (II-B-2(a)).
153 See, Article 2(a), Council Directive 2001/55/EC of 20 July 2001 on minimum standards
for giving temporary protection in the event of a mass influx of displaced persons and on
measures promoting a balance of efforts between Member States in receiving such persons
and bearing the consequences thereof, EU, Official Journal L 212, 07/08/2001 p. 0012–0023
(“EU Temporary Protection Directive”).
154 Article 2(c), ibid.
155 Article 2(c), ibid.