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Author : Inga Grigaliūnaitė
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (264 download)
Download or read book An Examination of the Rights and Discrimination Towards Asylum Seekers and Refugees written by Inga Grigaliūnaitė and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ruth Rubio-Marín
Publisher :
ISBN 13 : 0198701179
Total Pages : 336 pages
Book Rating : 4.1/5 (987 download)
Download or read book Human Rights and Immigration written by Ruth Rubio-Marín and published by . This book was released on 2014 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Joan Fitzpatrick
Publisher : BRILL
ISBN 13 : 9004480579
Total Pages : 700 pages
Book Rating : 4.0/5 (44 download)
Download or read book Human Rights Protection for Refugees, Asylum-Seekers, and Internally Displaced Persons: A Guide to International Mechanisms and Procedures written by Joan Fitzpatrick and published by BRILL. This book was released on 2021-11-22 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a detailed and concrete analysis of how human rights complaints mechanisms can be accessed by refugees, asylum-seekers, and internally displaced persons. The guide offers a thorough explanation of the United Nations human rights treaty bodies, with a focus upon the four committees authorized to receive communications from individuals. Detailed information is provided concerning procedural requirements, while the treaties are analyzed for their relevance to the forcibly displaced. United Nations mechanisms are also examined, with an emphasis on the thematic and country special procedures of the Commission on Human Rights. Published under the auspices of the Procedual Aspects of International Law Institute (PAIL). For more information about PAIL please go to pail-institute.org . Published under the Transnational Publishers imprint.
Author : James C. Hathaway
Publisher : Cambridge University Press
ISBN 13 : 1108495893
Total Pages : 1453 pages
Book Rating : 4.1/5 (84 download)
Download or read book The Rights of Refugees under International Law written by James C. Hathaway and published by Cambridge University Press. This book was released on 2021-04-22 with total page 1453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only comprehensive analysis of international refugee rights, anchored in the hard facts of refugee life around the world.
Author : Lieneke Slingenberg
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253238
Total Pages : 432 pages
Book Rating : 4.7/5 (822 download)
Download or read book The Reception of Asylum Seekers under International Law written by Lieneke Slingenberg and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, eg by deterring the lodging of asylum applications, preventing integration into their societies and exercising a large degree of control over asylum seekers in order to facilitate expulsion. The European Union is currently engaged in a process of developing minimum conditions for the reception of asylum seekers, as part of a Common European Asylum System. This book critically examines the outcomes of the negotiation process on these minimum standards – Directive 2003/9/EC and Directive 2013/33/EU – in relation to international refugee law, international social security law and international human rights law. It presents a comprehensive analysis of state obligations that stem from these different fields of law with regard to asylum seekers' access to the labour market and social security benefits and compares them to the minimum standards developed in the European Union. To this end, it offers an in-depth study into the notion of non-discrimination on the basis of nationality in the field of social security and a detailed analysis of recent developments in the case law of the European Court on Human Rights on positive obligations in the socioeconomic sphere. It takes into account both the special characteristics of international legal obligations for states in the socioeconomic sphere and the legal consequences of the tentative legal status of asylum seekers. In addition, this book particularly examines how the instrumental use of social policy relates to international law.
Author : Lamis Elmy Abdelaaty
Publisher : Oxford University Press
ISBN 13 : 0197530079
Total Pages : pages
Book Rating : 4.1/5 (975 download)
Download or read book Discrimination and Delegation written by Lamis Elmy Abdelaaty and published by Oxford University Press. This book was released on 2021-01-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: What explains the variety of responses that states adopt toward different refugee groups? Refugees might be granted protection or turned away; they might be permitted to live where they wish and earn an income, pursue education, and access medical treatment; or, they might be confined to a camp and forced to rely on aid while being denied basic services. However, states do not consistently wield their capacity for control, nor do they jealously guard their authority to regulate. In this book, Lamis Elmy Abdelaaty asks why states sometimes assert their sovereignty vis-à-vis refugee rights and at other times seemingly cede it by delegating refugee oversight to the United Nations. To explain this selective exercise of sovereignty, Abdelaaty develops a two-part theoretical framework in which policymakers in refugee-receiving countries weigh international and domestic concerns. Policymakers in a receiving country might decide to offer protection to refugees from a rival country in order to undermine the sending country's stability, saddle it with reputation costs, and even engage in guerilla-style cross-border attacks. At the domestic level, policymakers consider political competition among ethnic groups--welcoming refugees who are ethnic kin of citizens can satisfy domestic constituencies, expand the base of support for the government, and encourage mobilization along ethnic lines. When these international and domestic incentives conflict, the state shifts responsibility for refugees to the UN, which allows policymakers to placate both refugee-sending countries and domestic constituencies. Abdelaaty analyzes asylum admissions worldwide, and then examines three case studies in-depth: Egypt (a country that is broadly representative of most refugee recipients), Turkey (an outlier that has limited the geographic application of the Refugee Convention), and Kenya (home to one of the largest refugee populations in the world). Discrimination and Delegation argues that foreign policy and ethnic identity, more so than resources, humanitarianism, or labor skills, shape reactions to refugees.
Author : Arzu Güler
Publisher : Springer
ISBN 13 : 3319919059
Total Pages : 351 pages
Book Rating : 4.3/5 (199 download)
Download or read book LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective written by Arzu Güler and published by Springer. This book was released on 2018-12-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Başak Çalı
Publisher : Oxford University Press
ISBN 13 : 0192648268
Total Pages : 272 pages
Book Rating : 4.1/5 (926 download)
Download or read book Migration and the European Convention on Human Rights written by Başak Çalı and published by Oxford University Press. This book was released on 2021-02-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.
Author : James C. Hathaway
Publisher : Cambridge University Press
ISBN 13 : 1108852637
Total Pages : 1453 pages
Book Rating : 4.1/5 (88 download)
Download or read book The Rights of Refugees under International Law written by James C. Hathaway and published by Cambridge University Press. This book was released on 2021-04-22 with total page 1453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway's incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book's analysis to responding to the hard facts of refugee life on the ground.
Author : Cathryn Costello
Publisher : Oxford University Press
ISBN 13 : 0198848633
Total Pages : 1337 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Oxford Handbook of International Refugee Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2021 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : David Moya
Publisher : BRILL
ISBN 13 : 9004465693
Total Pages : 306 pages
Book Rating : 4.0/5 (44 download)
Download or read book Aliens before the European Court of Human Rights written by David Moya and published by BRILL. This book was released on 2021-07-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum as regards the most relevant rights of the ECHR, exploring the role of this court in this area of law.
Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press
ISBN 13 : 0198808569
Total Pages : 865 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Refugee in International Law written by Guy S. Goodwin-Gill and published by Oxford University Press. This book was released on 2021 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book, the leading text in the field, examines key challenges to the Convention such as the status of refugees, applications for asylum, and the international and domestic standards of protection. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited fourth edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis. The books includes: analysis of internally displaced persons; so-called preventive protection; access to refugees; safety of refugees and relief personnel; the situation of refugee women and children; a detailed examination of the role of the UNHCR and the Palestinian situation; and an assessment of the protection possibilities (or lack of them) in the European Convention on Human Rights. This new edition has been expanded with coverage of forced migration and displacement as a result of disasters and climate change. It is once again an unmissable reference work for practitioners and students in the field.
Author : Penelope Mathew
Publisher :
ISBN 13 : 9780415741460
Total Pages : 0 pages
Book Rating : 4.7/5 (414 download)
Download or read book Reworking the Relationship Between Asylum and Employment written by Penelope Mathew and published by . This book was released on 2013-11-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extent to which the right to work for refugees and asylum-seekers is protected by international human rights law. This book explores the legal position looking at the International Covenant on Economic, Social and Cultural Rights as well as the International Convention on the Elimination of All Forms of Racial Discrimination. The book also considers whether countries are prevented under customary international law and its prohibition against torture, and other cruel, inhuman or degrading treatment, from consigning refugees and asylum-seekers to destitution through discriminatory denial of the rights to social support and work. The book argues that both refugees and asylum-seekers have the human right to work, and situates the law in the context of broader economic, philosophical and political debates about sovereign control of immigration and the right to work.
Author : Prakash Shah
Publisher : Routledge
ISBN 13 : 1859416012
Total Pages : 245 pages
Book Rating : 4.8/5 (594 download)
Download or read book Refugees, Race and the Legal Concept of Asylum in Britain written by Prakash Shah and published by Routledge. This book was released on 2000 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically interrogates the principle of asylum for refugees in UK law and proposes that, when faced with the migration of non-European refugee groups, this principle has often been limited. The book considers the response of the State to the migration of various groups of refugees through five centuries. The reaction of the legal system to the arrival of gypsies and Huguenots from the Gudor period is analysed. The responses to the arrival of African refugees from the American War of Independence is also considered here, along with an examination of the reactions to refugees from the French Revolution and the Napoleonic Wars; various European refugee groups in the mid-Victorian period; Jews from Eastern Europe and later from Nazism; and groups displaced in Europe as a result of the Second World War. Refugees, Race and the Legal Concept of Asylum in Britain also provides a detailed discussion of the backlash against African and Asian refugee groups, in particular, as against the East African Asians, Vietnamese and Tamils from Sri Lanka. An analysis of the major legislative reforms of the 1990s which have been directed against the settlement of Asian and African refugees is also presented. The post-Second World War period is scrutinised in the context of the failure of European human rights law and international norms of refugee protection to secure the principle of asylum, and the implications of the development of a 'Fortress Europe' that is premised on the tight control of non-European migrants are drawn out.
Author : David S. Weissbrodt
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.F/5 ( download)
Download or read book The Human Rights of Non-citizens written by David S. Weissbrodt and published by Oxford University Press, USA. This book was released on 2008 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-citizens should by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate state objective and are proportionate. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens' human rights.
Author : Shaivya Verma
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (11 download)
Download or read book Seeking Refuge written by Shaivya Verma and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last twenty-five years, convergence towards deterrence policies has increased in both traditional and new asylum granting countries. After the breakup of the Soviet Union, the rapid increase in the number of people seeking refuge led countries adopt deterrence measures regarding refugee rights. The deterrence literature has identified a strong convergence among refugee-receiving states to adopt more and more preventative measures including restrictions and reduction of refugee rights, which may include removal of formal rights, such as Germany reforming its constitution in 1992 and removing absolute right to asylum. This growing body of scholarly literature in forced migration has sought to understand the effect of the rights and welfare policies on destination choice of refugees or forced migrants, but the research is limited to developed or OECD (Organisation for Economic Co-operation and Development) countries. This research aims to expand the existing research of refugees’ rights and constitutional protections to global countries. In addition, this research analyzes individual-level behavior through a field-work conducted on African refugees in India. First, I identify seven constitutional rights important for protecting forced migrants: the right to seek asylum, the right to seek refuge, alien/non-citizen freedom of movement, gender equality, racial equality, freedom of religion, and writ of habeas corpus. Results from a large dyadic panel from 1993-2014 show the constitutional right to seek asylum, gender protection, and race/nationality protection lead to more inflow of refugees in a country. Second, I examine the factors that lead countries to adopt deterrence policies and to which extent these domestic deterrence policies affect the destination choice of refugees. Results from a large panel dataset from 1997-2014 shows significant effect of the convergence of deterrence policies in countries that lie within a region. I do not find evidence that increase in the inflow of refugees in a county have any effect on the adoption of deterrence policies. The results are supported by the analysis in step two, where I find highly significant evidence that refugees are more likely to go to the contiguous countries and are impacted by the presence of social networks. Next, I do not find any effect of the number of contiguous conflict-affected countries on the adoption of restrictive policies. The results in the second part of the dissertation indicate that most refugees take refuge in neighboring countries, as most refugees do not reach developed countries that adopt more restrictive deterrence policies, especially in regard to the detention policies. The paper also indicates that deterrence policies work but as convergence builds they stop having a deterrent effect. Lastly, most studies use aggregate level data analysis which provides important insights but it is ultimately inappropriate for assessing individual level choices. I extend rational-choice theory to complement refugee-centered approach. The approach refines ‘micro-macro’ linkage. I study individual-level behavior arguing that forced migrants are not bogus and move to a place where they feel safe along with assessing the present policies and living situation in India. For the paper, I interviewed 155 African refugees and asylum seekers living in India. Using both quantitative and qualitative analysis, I find that the forced migrants take refuge in India due to many factors such as stable political conditions, social networks, role of agents, and for health and education purposes. I also find that forced migrants feel discriminated in India due to their skin color.
Author : Gil Loescher
Publisher : Taylor & Francis
ISBN 13 : 9780415382984
Total Pages : 100 pages
Book Rating : 4.3/5 (829 download)
Download or read book Protracted Refugee Situations written by Gil Loescher and published by Taylor & Francis. This book was released on 2005 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2006. Routledge is an imprint of Taylor & Francis, an informa company.
