Article 15(c) of Council Directive 2004/83/EC
Topic: Critically discuss the concept of subsidiary protection in Article 15(c) of Council Directive 2004/83/EC as it applies to people threatened by indiscriminate violence.
2. The European Court of Justice in the Case C-465/07 Mr. Elgafaji and Mrs. Elgafaji v Staatssecretaris van Justitie interpreted the word ‘individual’ in Article 15(c) of Council Directive 2004/83/EC to cover ‘harm to civilians irrespective of their identity, where the degree of indiscriminate violence characterising the armed conflict taking place … reaches such a high level that substantial grounds are shown for believing that a civilian, returned to the relevant country or, as the case may be, to the relevant region, would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to the serious threat referred in Article 15(c) of the Directive’.
Critically discuss the concept of subsidiary protection in Article 15(c) of Council Directive 2004/83/EC as it applies to people threatened by indiscriminate violence.with relevent cases as an example
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