Revisiting the Concept of Flexibility in Temporary Protection Practices at the Intersection of International Refugee and Human-Rights Laws: The Case of Türkiye
Revisiting the Concept of Flexibility in Temporary Protection Practices at the Intersection of International Refugee and Human-Rights Laws: The Case of Türkiye

Summary/Abstract: The absence of a comprehensive international law instrument regulating temporary protection has led to its flexible application, which has been deemed effective in managing large-scale forced migratory movements. By focusing on the intersection of international refugee law and human rights law, this article critically re-evaluates the concept of flexibility in temporary protection from a legal perspective, primarily based on current practices in Türkiye. By analysing the dual dimensions of flexibility – rule-making and implementation – it highlights how broad discretion can, when exercised without adequate legal safeguards to ensure legal certainty and consistency with the rule of law, risk disproportionately limiting fundamental rights and creating a legal limbo for displaced individuals. The analysis demonstrates that these challenges are exacerbated by the lack of effective international responsibility-sharing mechanisms and the reliance on temporary protection measures. These measures, which operate independently of the 1951 Refugee Convention, are designed to provide flexibility as a potential solution. Ultimately, by presenting the Turkish practice, the article argues that, while flexibility is essential in responding to emergencies, the unchecked application of flexibility risks threatening the integrity of the international protection regime, prioritising administrative convenience over legal accountability. This study underscores the need for a more balanced approach that aligns flexibility with robust legal safeguards, ensuring both state adaptability and the protection of individuals’ rights.

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