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Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (repealed)
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This is the original version (as it was originally adopted).
1.This Chapter shall be without prejudice to the rights laid down in the Geneva Convention.
2.This Chapter shall apply both to refugees and persons eligible for subsidiary protection unless otherwise indicated.
3.When implementing this Chapter, Member States shall take into account the specific situation of vulnerable persons such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.
4.Paragraph 3 shall apply only to persons found to have special needs after an individual evaluation of their situation.
5.The best interest of the child shall be a primary consideration for Member States when implementing the provisions of this Chapter that involve minors.
6.Within the limits set out by the Geneva Convention, Member States may reduce the benefits of this Chapter, granted to a refugee whose refugee status has been obtained on the basis of activities engaged in for the sole or main purpose of creating the necessary conditions for being recognised as a refugee.
7.Within the limits set out by international obligations of Member States, Member States may reduce the benefits of this Chapter, granted to a person eligible for subsidiary protection, whose subsidiary protection status has been obtained on the basis of activities engaged in for the sole or main purpose of creating the necessary conditions for being recognised as a person eligible for subsidiary protection.
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