in addition to containing the elements of the 1951 Convention and the 1967 Protocol, includes among refugees persons who have fled their country because their lives, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order.194 The reference to the 1951 Convention and 1967 Protocol implies that persons who have a nationality must be unable or unwilling to avail themselves of the protection of the country of their nationality. The Cartagena Declaration thus protects persons who are de jure or de facto stateless. In the case of persons who are de facto stateless, “valid reasons” for refusing protection are having a well-founded fear of being persecuted on one of the five grounds enumerated in the 1951 Convention/1967 Protocol, or fleeing the country of nationality because one’s life, safety or freedom has been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order. 2004 EU Qualification Directive The EU Qualification Directive protects persons falling within a similar refugee definition to that of the 1951 Convention/1967 Protocol195 and also a third country national or a [de jure] stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a [de jure] stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm … and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country196 Such a person is termed a “person eligible for subsidiary protection.” The Qualification Directive thus protects persons who are de jure or de facto stateless. In the case of persons who are de facto stateless, “valid reasons” for refusing protection are having a well-founded fear of being persecuted on one of the five grounds enumerated in the Directive, or otherwise being at real risk of suffering serious harm in the country of nationality. 11.4 Inability to avail oneself of protection Being unable to avail oneself of protection implies circumstances that are beyond the will of the person concerned. Such inability may be caused either by the country of nationality refusing its protection, or by the country of nationality being unable to provide its protection 194 195 196 Paragraph 3 of the Cartagena Declaration. The enduring relevance of the Cartagena Declaration was recognized in the 2004 Mexico Declaration and Plan of Action. See Article 2(c) of the Qualification Directive, which defines a refugee as “a third country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it ...” Article 2(e) of the Qualification Directive. 64