The Role of Higher Education Pathways in the International Protection Regime for Forced Migrants

Abstract

This thesis explores the meaning of "protection" in international refugee law and examines how higher education initiatives can contribute to rethinking the concept. It responds to gaps in the existing literature concerning the relationship between protection and higher education. The thesis uses a doctrinal and qualitative case study approach as its methodology. It draws on legal analysis of international refugee law and human rights law, combined with empirical data from semi-structured interviews with key informants involved in two higher education initiatives in Canada: the World University Service of Canada's Student Refugee Program (WUSC's SRP) and the Scholars at Risk (SAR) network. These cases are examined as pathways through which higher education functions not only as a human right but also as a means of accessing other human rights.

The findings demonstrate that protection is a positive concept that extends beyond the absence of serious harm; it requires conditions in which forced migrants are able to access fundamental human rights. This is reflected in both cases, where protection is not limited to safety but is realized through higher education opportunities, academic participation, and forms of institutional support that enable beneficiaries to utilize resources in practice. Across both cases, protection is delivered through partnerships among multiple actors, particularly post-secondary institutions, and is sustained through integration support tailored to the needs of beneficiaries. While WUSC's SRP provides resettlement alongside higher education, SAR offers temporary protection through academic placements. They operate through different legal and institutional arrangements, with each initiative responding to protection needs within the scope of its objectives and capacities. Together, they highlight that protection is an ongoing process rather than a fixed legal outcome.