Child Refugee Asylum As A Basic Human Right

Author : Sonja C. Grover
Publisher : Springer
Page : 251 pages
File Size : 54,7 Mb
Release : 2018-05-24
Category : Law
ISBN : 9783319780139

Get Book

Child Refugee Asylum as a Basic Human Right by Sonja C. Grover Pdf

This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.

Author : Ciara Smyth
Publisher : Routledge
Page : 397 pages
File Size : 46,8 Mb
Release : 2014-07-11
Category : Law
ISBN : 9781135120276

Get Book

European Asylum Law and the Rights of the Child by Ciara Smyth Pdf

The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.

Author : Samantha Arnold
Publisher : Routledge
Page : 358 pages
File Size : 46,7 Mb
Release : 2017-08-09
Category : Law
ISBN : 9781351683562

Get Book

Children's Rights and Refugee Law by Samantha Arnold Pdf

Children make up half of the world’s refugees and over 40 per cent of the world’s asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children’s rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children’s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children’s rights approach, the conceptualisations of children outside the legal discipline, within international children’s rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children’s rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children’s rights and international human rights law.

Author : Mary Crock,Lenni B. Benson
Publisher : Edward Elgar Publishing
Page : 552 pages
File Size : 41,5 Mb
Release : 2018-09-28
Category : Law
ISBN : 9781786430267

Get Book

Protecting Migrant Children by Mary Crock,Lenni B. Benson Pdf

Unprecedented numbers of children are crossing international borders seeking safety. Framed around compelling case studies explaining why children are on the move in Africa, the Americas, Asia, Europe, the Middle East and Oceania, this book explores the jurisprudence and processes used by nations to adjudicate children’s protection claims. The book includes contributions from leading scholars in immigration, refugee law, children’s rights and human trafficking which critically examine the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.

Author : Inter-American Commission on Human Rights
Publisher : Unknown
Page : 74 pages
File Size : 50,5 Mb
Release : 2000
Category : Asylum, Right of
ISBN : UTEXAS:059173008385990

Get Book

Report on the Situation of Human Rights of Asylum Seekers Within the Canadian Refugee Determination System by Inter-American Commission on Human Rights Pdf

Author : Jason M. Pobjoy
Publisher : Cambridge University Press
Page : 367 pages
File Size : 55,7 Mb
Release : 2017-04-27
Category : Law
ISBN : 9781107175365

Get Book

The Child in International Refugee Law by Jason M. Pobjoy Pdf

The first comprehensive study of the challenges faced by children in establishing entitlement to refugee protection. This book, which draws extensively on national case law from the United States, the United Kingdom, Canada, New Zealand and Australia, will be an invaluable resource for any academic, decision-maker or practitioner working in the area.

Author : H. Pinson,M. Arnot,M. Candappa
Publisher : Springer
Page : 259 pages
File Size : 44,7 Mb
Release : 2010-04-29
Category : Education
ISBN : 9780230276505

Get Book

Education, Asylum and the 'Non-Citizen' Child by H. Pinson,M. Arnot,M. Candappa Pdf

Awarded 2nd Prize, Best Book award, the Society for Education Studies, 2011 Refugees are physically and symbolically 'out of place' - their presence forces governments to address issues of rights and moral obligations. This book contrasts the hostility of immigration policy to 'non-citizen'' children with teachers' exceptional compassion and 'citizen students' ambivalence in defining who can belong.

Author : Aida Alayarian
Publisher : Routledge
Page : 203 pages
File Size : 46,5 Mb
Release : 2018-05-08
Category : Psychology
ISBN : 9780429911880

Get Book

Children of Refugees by Aida Alayarian Pdf

There is a wide gap between the psychological needs of the children of refugees and the services provided. Refugees' home countries, cultures, and social make-up are widely diversified, and their needs cannot be readily consolidated. This diversity of interest and need goes unacknowledged by the service-providers who may treat them as a single, homogenous group. Some refugees' needs are exaggerated, while others are ignored. This approach often ignores the justifiable and legitimate interest of refugees' psychological wellbeing. Many children of refugees may struggle with questions of race, ethnicity, language barriers, and other socio-political and economic issues that can influence their mental health and psychological wellbeing. Preoccupations of the child's emotions with those issues therefore have effects on child personality formations. Apart from having an overview of the relevant processes involved in therapeutic work and possible challenges therein, it is also important for the therapist to have an overview of the child's situation in the past and any current issues, which this book provides.

Author : Guy S. Goodwin-Gill,Jane McAdam
Publisher : Oxford University Press
Page : 865 pages
File Size : 49,5 Mb
Release : 2021-09-09
Category : Law
ISBN : 9780192536501

Get Book

The Refugee in International Law by Guy S. Goodwin-Gill,Jane McAdam Pdf

The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.

Author : Satvinder Singh Juss,Colin Harvey
Publisher : Edward Elgar Publishing
Page : 337 pages
File Size : 46,6 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781782547662

Get Book

Contemporary Issues in Refugee Law by Satvinder Singh Juss,Colin Harvey Pdf

Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the 'Arab Awakening' gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours. The concerns over our security are replacing humanitarian concerns over the plight of others. Securitization, exclusion and the internal relocation of genuine refugees are now the favoured polices. Yet, while central idioms of protection, persecution and non-refoulement have changed, there are also new demands on refugee law. The contributors to this book ask whether there are new spheres of protection emerging, for which refugee law must find a clear space, such as the protection of child refugees, trafficked persons, gender-related asylum and conscientious objectors to military service. This timely and valuable book shows that in these uncertain times, refugee law still has an exciting and challenging future ahead. Contemporary Issues in Refugee Law will appeal to academics, researchers, students and practitioners.

Author : Laura Westra,Satvinder Juss
Publisher : Routledge
Page : 374 pages
File Size : 52,6 Mb
Release : 2016-03-09
Category : Political Science
ISBN : 9781317009221

Get Book

Towards a Refugee Oriented Right of Asylum by Laura Westra,Satvinder Juss Pdf

This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.

Author : Simon Russell
Publisher : Amnesty International
Page : 128 pages
File Size : 44,6 Mb
Release : 1999
Category : Political Science
ISBN : UOM:39015049706370

Get Book

Most Vulnerable of All by Simon Russell Pdf

Refugees are people who have fled from persecution in their home country. Unaccompanied refugee children, separated from their parents or carers, alone among adult strangers in a strange land, are the most vulnerable of all. This report reveals how these children are treated when they arrive seeking protection in United Kingdom.

Author : Ziba Vaghri,Jean Zermatten,Gerison Lansdown,Roberta Ruggiero
Publisher : Springer Nature
Page : 429 pages
File Size : 43,5 Mb
Release : 2022-01-03
Category : Education
ISBN : 9783030846473

Get Book

Monitoring State Compliance with the UN Convention on the Rights of the Child by Ziba Vaghri,Jean Zermatten,Gerison Lansdown,Roberta Ruggiero Pdf

This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

Author : M. Rafiqul Islam,Md. Jahid Hossain Bhuiyan
Publisher : Martinus Nijhoff Publishers
Page : 447 pages
File Size : 54,9 Mb
Release : 2013-05-15
Category : Law
ISBN : 9789004226166

Get Book

An Introduction to International Refugee Law by M. Rafiqul Islam,Md. Jahid Hossain Bhuiyan Pdf

The book is designed to provide an overview of the development, meaning, and nature of international refugee law. The jurisprudence on the status of refugees, loss and denial of the refugees status, non-refoulement, asylum, problems and challenges of refugee protection, the law of return and the right of return, critical refugees and immigration law, and the role of international organizations in protection of refugees are revisited in the context of contemporary realities. The relationship between armed conflict, climate change, and human right violations induced refugees and the existing international refugee regime emerging will be succinctly highlighted and analysed in the book. This lucidly written and timely book will be immensely helpful to anyone grappling with the demonstrated inadequacies of international refugee law in real life situations today and desirous of the reorientation of its meaning and scope to cater for the changing needs and shared expectation of the international community in the 21st century.

Author : Jennifer L. Whelan
Publisher : Unknown
Page : 0 pages
File Size : 42,8 Mb
Release : 2022
Category : Asylum, Right of
ISBN : 1032196300

Get Book

Reconceptualizing Unaccompanied Child Asylum Seekers and the Law by Jennifer L. Whelan Pdf

"Unaccompanied child asylum seekers are amongst the world's most vulnerable populations and their numbers are increasing. The intersection of their age, their seeking asylum, and separation from their parents creates a specific and acute triple burden of vulnerability. Their precariousness has long been recognised in international human rights law. Yet human rights-based responses have been subordinated to progressive global securitisation of irregular migration through interception, interdiction, extraterritorial processing, and immigration detention. Such an approach necessitates an urgent paradigm shift in how we comprehend their needs as children, the impact of punitive border control laws on them, and the responsibility of states to these children when they arrive at their borders seeking asylum. This book reconceptualises the relationship between unaccompanied child asylum seekers and states. It proposes a new conceptual framework by applying international human rights law, childhood studies, and vulnerability theory scholarship in analysing state obligations to respond to these children. This framework incorporates a robust analysis of the operation and impact of laws on vulnerable populations, a taxonomy for articulating the gravity of any consequent harms, and a method to prioritise recommendations for reform. The book then illustrates the frameworks utility using Australia's treatment of unaccompanied children as a case study. This book illuminates key learnings from human rights law, childhood studies, and vulnerability theory and transforms them into a new roadmap for law reform. As such, it will be a valuable practice-based resource for practitioners, non-government organisations, advocates, policymakers, and the general public interested in advocating for the rights of vulnerable populations as well as for academics, researchers and students of human rights law, refugee law, childhood studies and vulnerability studies"--