Refugees And Rights

Author : Dana Schmalz
Publisher : Routledge
Page : 174 pages
File Size : 42,5 Mb
Release : 2020
Category : Law
ISBN : 1003027350

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Refugees, Democracy and the Law by Dana Schmalz Pdf

The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee's situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.

Author : James C. Hathaway
Publisher : Cambridge University Press
Page : 1453 pages
File Size : 41,7 Mb
Release : 2021-04-22
Category : Law
ISBN : 9781108495899

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The Rights of Refugees under International Law by James C. Hathaway Pdf

The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.

Author : Mary Crock
Publisher : Taylor & Francis
Page : 599 pages
File Size : 50,6 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781351905633

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Refugees and Rights by Mary Crock Pdf

Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The refugee’s rights to due process and the substance of entitlements at law are explored in essays that range across administrative processes; social and cultural rights, including family reunion; detention; and the right of return. There follow four essays that address sexual orientation and refugee rights; refugees and disability rights; human rights and persons displaced by climate change disasters; and the rights of victims of human trafficking. The volume concludes with work reflecting on the rights discourse outside of traditional ’Western’ theatres. These cover Africa (Kenya), India, South America (Brazil) and the Asia-Pacific (Indonesia and Papua New Guinea).

Author : Bruce Burson,David James Cantor
Publisher : BRILL
Page : 427 pages
File Size : 49,9 Mb
Release : 2016-02-18
Category : Law
ISBN : 9789004288591

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Human Rights and the Refugee Definition by Bruce Burson,David James Cantor Pdf

In Human Rights and the Refugee Definition, Burson and Cantor bring together over a dozen contributions that add a fine-grained comparative perspective to the debate on whether, or how, interpretation of the refugee definition should take account of human rights law.

Author : Emma Larking
Publisher : Routledge
Page : 208 pages
File Size : 47,6 Mb
Release : 2016-04-08
Category : Political Science
ISBN : 9781317069287

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Refugees and the Myth of Human Rights by Emma Larking Pdf

Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they also spend billions fortifying their borders, detaining unauthorised immigrants, and policing migration. Meanwhile, public debate over the West’s obligations to unauthorised immigrants is passionate, vitriolic, and divisive. Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.

Author : Marie-Benedicte Dembour,Tobias Kelly
Publisher : Routledge
Page : 265 pages
File Size : 50,8 Mb
Release : 2011-05-27
Category : Business & Economics
ISBN : 9781136700088

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Are Human Rights for Migrants? by Marie-Benedicte Dembour,Tobias Kelly Pdf

Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms.

Author : David Hollenbach, SJ
Publisher : Georgetown University Press
Page : 272 pages
File Size : 48,6 Mb
Release : 2008-04-30
Category : Political Science
ISBN : 9781589014053

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Refugee Rights by David Hollenbach, SJ Pdf

Of the over 33 million refugees and internally displaced people in the world today, a disproportionate percentage are found in Africa. Most have been driven from their homes by armed strife, displacing people into settings that fail to meet standards for even basic human dignity. Protection of the human rights of these people is highly uncertain and unpredictable. Many refugee service agencies agree advocacy on behalf of the displaced is a key aspect of their task. But those working in the field are so pressed by urgent crises that they can rarely analyze the requirements of advocacy systematically. Yet advocacy must go beyond international law to human rights as an ethical standard to prevent displaced people from falling through the cracks of our conflicted world. Refugee Rights: Ethics, Advocacy, and Africa draws upon David Hollenbach, SJ's work as founder and director of the Center for Human Rights and International Justice at Boston College to provide an analytical framework for vigorous advocacy on behalf of refugees and internally displaced people. Representing both religious and secular perspectives, the contributors are scholars, practitioners, and refugee advocates—all of whom have spent time "on the ground" in Africa. The book begins with the poignant narrative of Abebe Feyissa, an Ethiopian refugee who has spent over fifteen years in a refugee camp from hell. Other chapters identify the social and political conditions integral to the plight of refugees and displaced persons. Topics discussed include the fundamental right to freedom of movement, gender roles and the rights of women, the effects of war, and the importance of reconstruction and reintegration following armed conflict. The book concludes with suggestions of how humanitarian groups and international organizations can help mitigate the problem of forced displacement and enforce the belief that all displaced people have the right to be treated as their human dignity demands. Refugee Rights offers an important analytical resource for advocates and students of human rights. It will be of particular value to practitioners working in the field.

Author : Satvinder Singh Juss,Colin Harvey
Publisher : Edward Elgar Publishing
Page : 337 pages
File Size : 50,9 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 : Niklaus Steiner,Mark Gibney,Gil Loescher
Publisher : Routledge
Page : 361 pages
File Size : 50,6 Mb
Release : 2013-10-31
Category : Political Science
ISBN : 9781135395483

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Problems of Protection by Niklaus Steiner,Mark Gibney,Gil Loescher Pdf

First Published in 2003. Of all the humanitarian impulses in world politics today, one of the most widely recognized is the need to protect refugees. However, as The Problems of Protection explores, what on the surface appears to be a simple proposition can quickly become complex and controversial. This complexity results in troubling variation in how we respond to our obligation to protect refugees--while NATO launches a major military intervention on behalf of Albanians in Kosovo amidst worldwide media attention, the international community's response to Sierra Leonean refugees is slow, inefficient and inadequate. Who qualifies as a refugee in need of protection? Should refugees be returned as soon as possible, or integrated into safer host countries? The contributors to this volume address the often lacking political will among powerful countries and donors, shifting attitudes among affected countries, and the difficulty of rebuilding societies in a world in which the number of refugees will almost certainly continue to increase.

Author : Susan Kneebone
Publisher : Routledge
Page : 354 pages
File Size : 53,6 Mb
Release : 2018-04-27
Category : Social Science
ISBN : 9781351770675

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The Refugees Convention 50 Years on: Globalisation and International Law by Susan Kneebone Pdf

This title was first published in 2003. The authors of the essays in this collection, all internationally recognised refugee scholars and practitioners, look at the controversial "hot" topic of refugee rights. They consider whether, 50 years after its agreement, the Refugees' Convention can provide an adequate framework for protection. In particular, the authors address: the effect of globalization upon the human rights of asylum seekers and refugees; the efficacy of the Convention as an instrument of international law; the role of the UNHCR; whether NGOs are effective instruments for change; and nationality and citizenship issues. They also consider alternatives and options for solutions to the global refugee problem.

Author : Ruth Rubio-Marín
Publisher : Oxford University Press
Page : 336 pages
File Size : 53,7 Mb
Release : 2014
Category : Law
ISBN : 9780198701170

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Human Rights and Immigration by Ruth Rubio-Marín Pdf

This book examines major issues in the protection of the human rights of migrants. Providing a multi-jurisdictional and multi-disciplinary analysis, the work allows scholars, human rights practitioners and activists to access current discussions in the field.

Author : Inter-American Commission on Human Rights
Publisher : Unknown
Page : 74 pages
File Size : 50,7 Mb
Release : 2000
Category : Asylum, Right of
ISBN : UTEXAS:059173008385990

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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 : Cathryn Costello
Publisher : Oxford University Press
Page : 401 pages
File Size : 43,8 Mb
Release : 2016
Category : Law
ISBN : 9780199644742

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The Human Rights of Migrants in European Law by Cathryn Costello Pdf

A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.

Author : Kate Ogg
Publisher : Cambridge University Press
Page : 233 pages
File Size : 48,8 Mb
Release : 2022-03-24
Category : Law
ISBN : 9781316519738

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Protection from Refuge by Kate Ogg Pdf

The first global and comparative study of litigation in which refugees seek protection from a place of ostensible 'refuge'.

Author : Corinne Lewis
Publisher : Routledge
Page : 226 pages
File Size : 52,8 Mb
Release : 2012-06-25
Category : Law
ISBN : 9781136295737

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UNHCR and International Refugee Law by Corinne Lewis Pdf

This book considers the United Nations High Commissioner for Refugees’ contribution to international refugee law since the establishment of UNHCR by the United Nations General Assembly in 1951. The book explores the historical and statutory foundations that create an indelible link between UNHCR and international refugee law. This book charts the significant evolution that has occurred in the organisation’s role throughout the last sixty years, looking at both the formal means by which UNHCR’s mandate may be modified, and the techniques UNHCR has used to facilitate the changes in its role, thereby revealing a significant evolution in the organisation’s role since the onset of the crisis in refugee protection in the 1980’s. UNHCR, itself, has demonstrated its organizational autonomy as the primary agent for the adaptation of its responsibilities and work related to international refugee law. The author does suggest however that UNHCR needs to continue to extend and strengthen its role related to international refugee law if UNHCR is to ensure a stronger legal framework for the protection of refugees as well as a fuller respect for refugees’ rights in practice. UNHCR and International Refugee Law should be of particular interest to refugee lawyers as well as academics and students of refugee law and international law, and anyone concerned with the important role that UNHCR plays in the protection of refugees today.