[PDF] Towards A Refugee Oriented Right Of Asylum eBook

Author : Laura Westra
Publisher : Routledge
Page : 375 pages
File Size : 38,15 MB
Release : 2016-03-09
Category : Political Science
ISBN : 1317009215

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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 : Laura Westra
Publisher : Routledge
Page : 374 pages
File Size : 25,74 MB
Release : 2016-03-09
Category : Political Science
ISBN : 1317009223

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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 : Efrat Arbel
Publisher : Routledge
Page : 307 pages
File Size : 40,35 MB
Release : 2014-04-16
Category : Law
ISBN : 1135038112

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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 : 258 pages
File Size : 15,27 MB
Release : 2013-07-18
Category : Law
ISBN : 1134098359

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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 : Benjamin N. Lawrance
Publisher : Cambridge University Press
Page : 281 pages
File Size : 25,32 MB
Release : 2015-02-26
Category : Political Science
ISBN : 1316195112

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In this book, legal, biomedical, psychosocial, and social science scholars and practitioners offer the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process. This volume presents a comprehensive study of the relevance of experts, as mediators of culture, who are called upon to corroborate, substantiate credibility, and serve as translators in the face of confusing legal standards that require proof of new forms and reasons for persecution around the globe. The authors provide insights into the evidentiary burdens on asylum seekers and the expanding role of expertise in the forms of country-conditions reports, biomedical and psychiatric evaluations, and the emerging field of forensic linguistic analysis in response to emerging forms of persecution, such as gender-based or sexuality-based persecution.

Author : Bridget M. Haas
Publisher : Ohio University Press
Page : 335 pages
File Size : 33,49 MB
Release : 2019-03-11
Category : Political Science
ISBN : 0821446673

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Across the globe, migration has been met with intensifying modes of criminalization and securitization, and claims for political asylum are increasingly met with suspicion. Asylum seekers have become the focus of global debates surrounding humanitarian obligations, on the one hand, and concerns surrounding national security and border control, on the other. In Technologies of Suspicion and the Ethics of Obligation in Political Asylum, contributors provide fine-tuned analyses of political asylum systems and the adjudication of asylum claims across a range of sociocultural and geopolitical contexts. The contributors to this timely volume, drawing on a variety of theoretical perspectives, offer critical insights into the processes by which tensions between humanitarianism and security are negotiated at the local level, often with negative consequences for asylum seekers. By investigating how a politics of suspicion within asylum systems is enacted in everyday practices and interactions, the authors illustrate how asylum seekers are often produced as suspicious subjects by the very systems to which they appeal for protection. Contributors: Ilil Benjamin, Carol Bohmer, Nadia El-Shaarawi, Bridget M. Haas, John Beard Haviland, Marco Jacquemet, Benjamin N. Lawrance, Rachel Lewis, Sara McKinnon, Amy Shuman, Charles Watters

Author : James C. Hathaway
Publisher : Cambridge University Press
Page : 1453 pages
File Size : 39,81 MB
Release : 2021-04-22
Category : Law
ISBN : 1108495893

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

Author : Meghana Nayak
Publisher : Oxford University Press
Page : 272 pages
File Size : 34,19 MB
Release : 2015-09-16
Category : Political Science
ISBN : 0190492678

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A surprisingly understudied topic in international relations is gender-based asylum. Gender-based asylum offers protection from deportation for migrants who have suffered gender violence and persecution in their home countries. Countries are increasingly acknowledging that even though international refugee law does not include "gender" as a category of persecution, gender violence can threaten people's lives and requires attention. But Meghana Nayak argues that it matters not just that but how we respond to gender violence and persecution. Asylum advocates and the US government have created "frames," or ideas about how to understand different types of gender violence and who counts as victims. These frames are useful in increasing gender-based asylum grants. But the United States is negotiating the tension between the protection and the restriction of non-citizens, claiming to offer safe haven to persecuted people at the same time that it aims to control borders. Thus, the frames construct which migrants are "worthy" of protection. The effects of the asylum frames are two-fold. First, they leave out or distort the stories and experiences of asylum seekers who do not fit preconceived narratives of "good" victims. Second, the frames reflect but also serve as an entry point to deepen, strengthen, and shape the US position of power relative to other countries, international organizations, and immigrant communities. Who Is Worthy of Protection? explores the politics of gender-based asylum through a comparative examination of US asylum policy and cases regarding domestic violence, female circumcision, rape, trafficking, coercive sterilization and abortion, and persecution based on sexual and gender identity.

Author : Satvinder Singh Juss
Publisher : Edward Elgar Publishing
Page : 337 pages
File Size : 13,64 MB
Release : 2013-01-01
Category : Law
ISBN : 1782547665

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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.