Gender In Refugee Law

Author : Efrat Arbel,Catherine Dauvergne,Jenni Millbank
Publisher : Routledge
Page : 296 pages
File Size : 52,9 Mb
Release : 2014-04-16
Category : Law
ISBN : 9781135038113

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Gender in Refugee Law by Efrat Arbel,Catherine Dauvergne,Jenni Millbank Pdf

Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.

Author : Thomas Spijkerboer
Publisher : Routledge
Page : 262 pages
File Size : 42,9 Mb
Release : 2017-03-02
Category : Social Science
ISBN : 9781351934817

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Gender and Refugee Status by Thomas Spijkerboer Pdf

This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status. In the past decade, the issue has received increasing attention in academic writing, the media and the courtroom. This book contains an interdisciplinary analysis. The empirical data, collected for this study and not published previously, concerns Dutch asylum practice. The Netherlands is a prominent refugee-receiving country in Europe, yet hardly any English texts address Dutch refugee law. The book also covers foreign case law and academic writing. Therefore, the analysis is relevant for all refugee-receiving countries in the Western world; the empirical data on The Netherlands functions as a case study. The book combines perspectives of post-structuralist feminism and post-colonial studies. Refugee women are constructed as a double other. This intersectionality is related to the construction of the Third World as feminine (passive, in need of active outside intervention etc., etc.). The book provides a comprehensive overview of academic writing and of case law on the subject. On this basis of theoretical perspectives that were almost ignored until now, it develops an innovative critique of refugee law discourse and outlines its possible consequences for legal doctrine.

Author : Heaven Crawley
Publisher : Jordans Pub
Page : 379 pages
File Size : 53,6 Mb
Release : 2001
Category : Law
ISBN : 0853086907

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Refugees and Gender by Heaven Crawley Pdf

Refugees and Gender: Law and Process examines how those representing asylum seekers can ensure that all gender-related aspects of an asylum claim are considered and appropriately reflected in the determination process. The book aims to provide a comprehensive understanding of the concepts of gender-related persecution, as well as a gendered framework for the interpretation of the key elements of the 1951 Refugee Convention. Detailed information is provided on the implications of gender in asylum law, policy and practice in the UK, with comparative case-law and materials from other countries including Canada, US and Australia. Refugees and Gender: Law and Process provides a theoretical overview, an outline of case-law and a practical resource which is intended to improve standards of representation and decision-making, and to increase awareness of the gendered experiences of refugees facing persecution.

Author : Doreen Marie Indra
Publisher : Berghahn Books
Page : 422 pages
File Size : 42,7 Mb
Release : 1999
Category : Forced migration
ISBN : 1571811354

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Engendering Forced Migration by Doreen Marie Indra Pdf

At the turn of the new millenium, war, political oppression, desperate poverty, environmental degradation and disasters, and economic underdevelopment are sharply increasing the ranks of the world's twenty million forced migrants. In this volume, eighteen scholars provide a wide-ranging, interdisciplinary look beyond the statistics at the experiences of the women, men, girls, and boys who comprise this global flow, and at the highly gendered forces that frame and affect them. In theorizing gender and forced migration, these authors present a set of descriptively rich, gendered case studies drawn from around the world on topics ranging from international human rights, to the culture of aid, to the complex ways in which women and men envision displacement and resettlement.

Author : Cathryn Costello,Michelle Foster,Jane McAdam
Publisher : Oxford University Press
Page : 1337 pages
File Size : 41,8 Mb
Release : 2021
Category : Law
ISBN : 9780198848639

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The Oxford Handbook of International Refugee Law by Cathryn Costello,Michelle Foster,Jane McAdam Pdf

This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.

Author : Carmelo Danisi,Moira Dustin,Nuno Ferreira,Nina Held
Publisher : Springer Nature
Page : 497 pages
File Size : 48,8 Mb
Release : 2021-08-31
Category : Social Science
ISBN : 9783030694418

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Queering Asylum in Europe by Carmelo Danisi,Moira Dustin,Nuno Ferreira,Nina Held Pdf

This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.

Author : Hne Lambert
Publisher : Routledge
Page : 554 pages
File Size : 55,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351562218

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International Refugee Law by Hne Lambert Pdf

The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.

Author : Mathilde Crépin
Publisher : Routledge
Page : 172 pages
File Size : 48,6 Mb
Release : 2020-07-28
Category : Law
ISBN : 9781000097429

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Persecution, International Refugee Law and Refugees by Mathilde Crépin Pdf

This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context, more specifically for refugee women. The work analyses different models for interpreting the notion of persecution in international refugee law through a comparative lens. In particular, a feminist approach to refugee law is adopted to determine to what extent the notion of persecution can apply to gender related forms of violence and what are the challenges in doing so. It proposes an interpretive model that would encourage decision makers to interpret the notion of persecution in a manner that is sufficiently protective and relevant to the profiles of refugees in the 21st century, most particularly to refugee women. The book will be of interest to academics and students in the field of public international law, international human rights law, international humanitarian law, immigration law, European law, and refugee law as well as those working in the areas of international relations.

Author : Paulomi Chakraborty
Publisher : Oxford University Press
Page : 314 pages
File Size : 46,8 Mb
Release : 2018-07-27
Category : Literary Collections
ISBN : 9780199095391

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The Refugee Woman by Paulomi Chakraborty Pdf

The Refugee Woman examines the Partition of 1947 by engaging with the cultural imagination of the ‘refugee woman’ in West Bengal, particularly in three significant texts of the Partition of Bengal—Ritwik Ghatak’s film Meghe Dhaka Tara; and two novels, Jyotirmoyee Devi’s Epar Ganga, Opar Ganga and Sabitri Roy’s Swaralipi. It shows that the figure of the refugee woman, animated by the history of the political left and refugee movements, and shaped by powerful cultural narratives, can contest and reconstitute the very political imagination of ‘woman’ that emerged through the long history of dominant cultural nationalisms. The reading it offers elucidates some of the complexities of nationalist, communal, and communist gender-politics of a key period in post-independence Bengal.

Author : Arzu Güler,Maryna Shevtsova,Denise Venturi
Publisher : Springer
Page : 351 pages
File Size : 43,6 Mb
Release : 2018-12-06
Category : Law
ISBN : 9783319919058

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LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective by Arzu Güler,Maryna Shevtsova,Denise Venturi Pdf

This book addresses the ‘three moments’ in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers’ and refugees’ efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status.The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons’ flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers’ journey.In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries’ interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one’s sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges.The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them.

Author : Margaret Arnup Young,Canada. Library of Parliament. Research Branch
Publisher : Unknown
Page : 40 pages
File Size : 43,8 Mb
Release : 1994-01-01
Category : Canada
ISBN : 066015644X

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Gender-related Refugee Claims by Margaret Arnup Young,Canada. Library of Parliament. Research Branch Pdf

Author : Satvinder Singh Juss,Colin Harvey
Publisher : Edward Elgar Publishing
Page : 337 pages
File Size : 48,9 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781782547662

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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 : J. Freedman
Publisher : Springer
Page : 216 pages
File Size : 54,5 Mb
Release : 2007-10-17
Category : Political Science
ISBN : 9780230592544

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Gendering the International Asylum and Refugee Debate by J. Freedman Pdf

This study provides a comprehensive account of the situation of women refugees globally and explains how they differ from men. It looks at causes of refugee flows, international laws and conventions and their application, the policies and legislation of Western governments, and lived experiences of the refugees themselves.

Author : Thomas Spijkerboer
Publisher : Routledge
Page : 258 pages
File Size : 45,9 Mb
Release : 2013-07-18
Category : Law
ISBN : 9781134098354

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Fleeing Homophobia by Thomas Spijkerboer Pdf

Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender identity is criminalized, or where the authorities are homophobic; the particular hurdles faced during credibility assessment on account of persisting stereotypes; and queer families and refugee law. The book gives a state of the art overview of law in Europe, both at the level of European legislation and at the level of Member State practice. While being largely focused on Europe, the book also takes into account asylum decisions from Australia, New Zealand, Canada, and the United States and is of relevance internationally, offering analysis of issues which are not specific to particular legal systems.

Author : Navnita Chadha Behera
Publisher : SAGE
Page : 316 pages
File Size : 40,6 Mb
Release : 2006-04-14
Category : Social Science
ISBN : 0761934553

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Gender, Conflict and Migration by Navnita Chadha Behera Pdf

Research on the subject of women′s migration and conflict is generally organised along the twin axes of gender and conflict, and gender and migration. The reality of women′s conflict-driven migration, however, falls between these two axes. The essays in this volume seek to fill this gap by examining the changes in status, identities and power relations among women and men as they move from a conflict situation at home, to migrant camps, to the post-conflict or peace-building phase when they return home. The contributors use a variety of research methods including ethnography, dialogue, oral history, textual analyses and consciousness-raising techniques.