Protecting Stateless Persons

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Publisher : BRILL
ISBN 13 : 9004362908
Total Pages : 391 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Protecting Stateless Persons by : Katia Bianchini

Download or read book Protecting Stateless Persons written by Katia Bianchini and published by BRILL. This book was released on 2018-04-03 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.

International Refugee Law and the Protection of Stateless Persons

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Publisher : Oxford University Press
ISBN 13 : 0192515551
Total Pages : 200 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis International Refugee Law and the Protection of Stateless Persons by : Michelle Foster

Download or read book International Refugee Law and the Protection of Stateless Persons written by Michelle Foster and published by Oxford University Press. This book was released on 2019-04-04 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Refugee Law and the Protection of Stateless Persons examines the extent to which the 1951 Convention relating to the Status of Refugees protectsde jure stateless persons. While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status. The questions addressed include the following: When is a person 'without a nationality' for the purpose of the 1951 Refugee Convention? What constitutes one's country of former habitual residence as a proxy to one's country of nationality? When does being stateless give rise to a well-founded fear of persecution for reasons specified in the 1951 Refugee Convention and/or UNHCR mandate? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? How are courts assessing individual risk or threat to stateless persons? The book draws on historical and contemporary interpretation of international law based on the travaux préparatoires to the 1951 Refugee Convention and its antecedents, academic writing, UNHCR policy and legal documents, UN Human Rights Council resolutions, UN Human Rights Committee general comments, UN Secretary General reports, and UN General Assembly resolutions. It is also based on original comparative analysis of existing jurisprudence worldwide relating to claims to refugee status based on or around statelessness. By examining statelessness through the prism of international refugee law, this book fills a critical gap in existing scholarship.

Nationality and Statelessness under International Law

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Publisher : Cambridge University Press
ISBN 13 : 110703244X
Total Pages : 325 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Nationality and Statelessness under International Law by : Alice Edwards

Download or read book Nationality and Statelessness under International Law written by Alice Edwards and published by Cambridge University Press. This book was released on 2014-09-18 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

Protecting the Rights of Stateless Persons

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Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (697 download)

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Book Synopsis Protecting the Rights of Stateless Persons by : Office of the United Nations High Commissioner for Refugees

Download or read book Protecting the Rights of Stateless Persons written by Office of the United Nations High Commissioner for Refugees and published by . This book was released on 2010 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Statelessness and ‘right to have rights’. Importance of citizenship in protecting human rights of stateless communities

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3656866511
Total Pages : 48 pages
Book Rating : 4.6/5 (568 download)

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Book Synopsis Statelessness and ‘right to have rights’. Importance of citizenship in protecting human rights of stateless communities by : Arshi Aggarwal

Download or read book Statelessness and ‘right to have rights’. Importance of citizenship in protecting human rights of stateless communities written by Arshi Aggarwal and published by GRIN Verlag. This book was released on 2014-12-23 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thesis (M.A.) from the year 2014 in the subject Politics - Topic: Public International Law and Human Rights, grade: 66, University of Sheffield (Department of Politics), course: Thesis, language: English, abstract: A stateless person is an individual ‘who is not considered as a national by any State under the operation of its law’. In other words, a stateless individual is a person who does not legally belong anywhere. No government is responsible for his or her rights, survival or existence. Stateless people are forced to lead an illegal life and are highly vulnerable to increased ostracism, discrimination and insecurity. Where citizenship is the norm, statelessness is an exceptional phenomenon. Some people are stateless because of ethnic persecution; others lost their citizenship during reformation of the state; some simply fell between the cracks of citizenship laws; and others passed on their statelessness to their children. National citizenship provides people with a sense of identity and is a key to full participation in society (UNHCR, 2012:2). Since only ‘citizens’ are allowed an unrestricted right to enter and reside in a country under international law, stateless people are often left without any residence permit and are subject to repeated or continuous detention. The purpose of this project is to analyse and establish the importance of a ‘right to have rights’ or citizenship by examining and evaluating the plight of existing stateless people in Latvia, Estonia and Myanmar. The study explores the human rights conditions created due to statelessness, adequacy of international organisations’ response to such situations and potency of current legal framework for the protection of stateless individuals.

Understanding Statelessness

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Author :
Publisher : Routledge
ISBN 13 : 1351779133
Total Pages : 459 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Understanding Statelessness by : Tendayi Bloom

Download or read book Understanding Statelessness written by Tendayi Bloom and published by Routledge. This book was released on 2017-08-04 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area. They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, ‘Defining Statelessness’, features chapters exploring conceptual issues in the definition of statelessness. The second, ‘Living Statelessness’, uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. ‘Theorising Statelessness’, the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.

Statelessness and 'Right to Have Rights'. Importance of Citizenship in Protecting Human Rights of Stateless Communities

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Author :
Publisher :
ISBN 13 : 9783656866527
Total Pages : 48 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Statelessness and 'Right to Have Rights'. Importance of Citizenship in Protecting Human Rights of Stateless Communities by : Arshi Aggarwal

Download or read book Statelessness and 'Right to Have Rights'. Importance of Citizenship in Protecting Human Rights of Stateless Communities written by Arshi Aggarwal and published by . This book was released on 2015-01-20 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thesis (M.A.) from the year 2014 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 66, University of Sheffield (Department of Politics), course: Thesis, language: English, abstract: A stateless person is an individual 'who is not considered as a national by any State under the operation of its law'. In other words, a stateless individual is a person who does not legally belong anywhere. No government is responsible for his or her rights, survival or existence. Stateless people are forced to lead an illegal life and are highly vulnerable to increased ostracism, discrimination and insecurity. Where citizenship is the norm, statelessness is an exceptional phenomenon. Some people are stateless because of ethnic persecution; others lost their citizenship during reformation of the state; some simply fell between the cracks of citizenship laws; and others passed on their statelessness to their children. National citizenship provides people with a sense of identity and is a key to full participation in society (UNHCR, 2012:2). Since only 'citizens' are allowed an unrestricted right to enter and reside in a country under international law, stateless people are often left without any residence permit and are subject to repeated or continuous detention. The purpose of this project is to analyse and establish the importance of a 'right to have rights' or citizenship by examining and evaluating the plight of existing stateless people in Latvia, Estonia and Myanmar. The study explores the human rights conditions created due to statelessness, adequacy of international organisations' response to such situations and potency of current legal framework for the protection of stateless individuals.

International Refugee Law

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Publisher : Routledge
ISBN 13 : 1351562215
Total Pages : 554 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis International Refugee Law by : Hne Lambert

Download or read book International Refugee Law written by Hne Lambert and published by Routledge. This book was released on 2017-07-05 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Statelessness, Human Rights and Gender

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Publisher : BRILL
ISBN 13 : 9047408284
Total Pages : 301 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Statelessness, Human Rights and Gender by : Tang Lay Lee

Download or read book Statelessness, Human Rights and Gender written by Tang Lay Lee and published by BRILL. This book was released on 2005-09-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the developing relationship between statelessness and migration. Migration law is setting the new parameters for international protection. Irregular migration is producing new forms of statelessness. International conventions on statelessness, refugees and migrant workers and international human rights instruments do not provide effective protection for these contemporary groups of stateless persons. The case study of Burmese irregular migrant workers in Thailand demonstrate that women and children are among the most unprotected because of the gendered construction of statelessness. The book concludes firstly that the 1999 CEDAW Protocol is an avenue through which stateless women may pursue redress. Secondly, it argues that it is imperative to set international law limits on state powers over immigration matters.

Statelessness

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Publisher : Harvard University Press
ISBN 13 : 0674240510
Total Pages : 329 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Statelessness by : Mira L. Siegelberg

Download or read book Statelessness written by Mira L. Siegelberg and published by Harvard University Press. This book was released on 2020-10-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of how a much-contested legal category—statelessness—transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg’s innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.

The World's Stateless

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Publisher :
ISBN 13 : 9789462403659
Total Pages : 552 pages
Book Rating : 4.4/5 (36 download)

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Book Synopsis The World's Stateless by : Institute on Statelessness and Inclusion

Download or read book The World's Stateless written by Institute on Statelessness and Inclusion and published by . This book was released on 2017 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Africa -- Americas -- Asia and the Pacific -- Europe -- Middle East and North Africa (MENA) -- Introduction -- The right of every child to a nationality -- Migration, displacement and childhood statelessness -- The sustainable development agenda and childhood statelessness -- Safeguards against childhood statelessness -- Litigation and legal assistance to address childhood statelessness -- Mobilising to address childhood statelessness

The Right to Have Rights

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Publisher : Verso Books
ISBN 13 : 1784787523
Total Pages : 136 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis The Right to Have Rights by : Stephanie DeGooyer

Download or read book The Right to Have Rights written by Stephanie DeGooyer and published by Verso Books. This book was released on 2018-02-13 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years ago, the political theorist Hannah Arendt, an exiled Jew deprived of her German citizenship, observed that before people can enjoy any of the "inalienable" Rights of Man-before there can be any specific rights to education, work, voting, and so on-there must first be such a thing as "the right to have rights". The concept received little attention at the time, but in our age of mass deportations, Muslim bans, refugee crises, and extra-state war, the phrase has become the centre of a crucial and lively debate. Here five leading thinkers from varied disciplines-including history, law, politics, and literary studies-discuss the critical basis of rights and the meaning of radical democratic politics today.

Unravelling Anomaly

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Publisher :
ISBN 13 : 9780956071736
Total Pages : 263 pages
Book Rating : 4.0/5 (717 download)

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Book Synopsis Unravelling Anomaly by : Amal De Chickera

Download or read book Unravelling Anomaly written by Amal De Chickera and published by . This book was released on 2010 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rights of Non-citizens

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Publisher : United Nations Publications
ISBN 13 :
Total Pages : 58 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Rights of Non-citizens by : United Nations. Office of the High Commissioner for Human Rights

Download or read book The Rights of Non-citizens written by United Nations. Office of the High Commissioner for Human Rights and published by United Nations Publications. This book was released on 2006 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies

No Nationality, No Rights?

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Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.:/5 (84 download)

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Book Synopsis No Nationality, No Rights? by : Lena Haap

Download or read book No Nationality, No Rights? written by Lena Haap and published by . This book was released on 2012 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Evolution of Humanitarian Protection in European Law and Practice

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Publisher : Cambridge University Press
ISBN 13 : 1108753434
Total Pages : 249 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis The Evolution of Humanitarian Protection in European Law and Practice by : Liv Feijen

Download or read book The Evolution of Humanitarian Protection in European Law and Practice written by Liv Feijen and published by Cambridge University Press. This book was released on 2021-04-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.

The Human Right to Citizenship

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812247175
Total Pages : 328 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis The Human Right to Citizenship by : Rhoda E. Howard-Hassmann

Download or read book The Human Right to Citizenship written by Rhoda E. Howard-Hassmann and published by University of Pennsylvania Press. This book was released on 2015-07-16 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Right to Citizenship provides an accessible overview of citizenship around the globe, focusing on empirical cases of denied or weakened legal rights. This wide-ranging volume provides a theoretical framework to understand the particular ambiguities, paradoxes, and evolutions of citizenship regimes in the twenty-first century.