Human Rights and The Revision of Refugee Law

Human Rights and The Revision of Refugee Law PDF

Author: Romit Bhandari

Publisher: Routledge

Published: 2020-09-02

Total Pages: 198

ISBN-13: 1000172155

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This book addresses the relationship between International Refugee Law and International Human Rights Law. Using international refugee law’s analytical turn to human rights as its object of inquiry, it represents a critical intervention into the revisionism that has led to conceptual fragmentation and restrictive practices. Mainstream literature in refugee law reflects a mood of celebration, a narrative of progress which praises the discipline’s rescue from obsolescence. This is commonly ascribed to its repositioning alongside human rights law, its veritable rediscovery as an arm of this far greater edifice. By using human rights logic to construct the current legal paradigm and inform us of who qualifies as a refugee, this purportedly lent areas of conceptual uncertainty a set of objective, modern criteria and increased enfranchisement to new, non-traditional claimants. The present work challenges this dominant position by finding the untold limits of its current paradigm. It stands alone in this orientation and hereby represents one of the most comprehensive, heterodox and structurally detailed reviews of this connection. The exploration of the gap between modern approaches and the unsatisfactory realities of seeking asylum forms the substance of this book. It asserts, by contrast, the existence of revolution rather than evolution. Human rights law has erased the founding tenets of the Refugee Convention, enabling powerful states to contain refugees in their region of origin. The book will be essential reading for those interested in Refugee Law, Refugee Studies, Postcolonial Legal Studies, Postmodern Critiques and Critical Legal Theory. Additionally, given its relevance for the adjudication of refugee claims, it will be an important resource for solicitors, barristers and judges.

Human Rights and the Refugee Definition

Human Rights and the Refugee Definition PDF

Author: Bruce Burson

Publisher: BRILL

Published: 2016-02-18

Total Pages: 427

ISBN-13: 9004288597

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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.

Human Rights, Refugee Protest and Immigration Detention

Human Rights, Refugee Protest and Immigration Detention PDF

Author: Lucy Fiske

Publisher: Springer

Published: 2016-08-17

Total Pages: 245

ISBN-13: 1137580968

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This book builds a compelling picture of injustices inside immigration detention centers, within the context of the rise of the use of immigration detention in the Global North. The author presents the rarely heard voices of refugees, bringing their perspectives to light and personalising and humanising a global political issue. Based on in-depth interviews with formerly detained refugees who were involved in a wide range of protests, such as sit-ins and non-compliance, hunger strikes, lip sewing, escapes and riots, Human Rights, Refugee Protest and Immigration Detention presents a comprehensive insight into immigration detention and protest. Drawing on the work of Michel Foucault and Hannah Arendt, the book challenges contemporary human rights discourses which institutionalise power and will be a must-read for scholars, advocates and policymakers engaged in debates about immigration detention and forced migration.

Refugee Law

Refugee Law PDF

Author: Colin Yeo

Publisher: Policy Press

Published: 2022-04-26

Total Pages: 286

ISBN-13: 1529219973

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The word ‘refugee’ is both evocative and contested. In this essential guide for students, lawyers and non-specialists, Colin Yeo draws on his experience as an immigration barrister and key legal cases to explore international refugee law.

Refugee Rights

Refugee Rights PDF

Author: David Hollenbach, SJ

Publisher: Georgetown University Press

Published: 2008-04-30

Total Pages: 272

ISBN-13: 1589014057

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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.

Refugees, Democracy and the Law

Refugees, Democracy and the Law PDF

Author: Dana Schmalz

Publisher: Routledge

Published: 2020

Total Pages: 174

ISBN-13: 9781003027355

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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.

The Internal Protection Alternative in Refugee Law

The Internal Protection Alternative in Refugee Law PDF

Author: Jessica Schultz

Publisher: BRILL

Published: 2018-12-06

Total Pages: 443

ISBN-13: 9004361960

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The Internal Protection Alternative in Refugee Law addresses the legal conditions under which a refugee claimant may be returned to a safe area within her country of origin.

International Refugee Law

International Refugee Law PDF

Author: B S Chimni

Publisher: SAGE Publications Pvt. Limited

Published: 2000-07-27

Total Pages: 652

ISBN-13:

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Focusing on the 1951 UN Convention on the Status of Refugees, this book in intended as an introduction to international refugee law. After a comprehensive introduction, the reader is divided into eight chapters. Each chapter begins with a short introduction which identifies the key issues and themes it deals with and the particular readings which address them, as also draws attention to the on-going debates in a bid to encourage critical thinking.

Refugee Rights and Policy Wrongs

Refugee Rights and Policy Wrongs PDF

Author: Jane McAdam

Publisher: NewSouth Publishing

Published: 2019-07-01

Total Pages: 257

ISBN-13: 1742244572

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Everyone has the right to seek asylum under international law. However, successive governments in Australia have declared the need to ‘stop the boats’ whatever the cost, be it human, economic, moral or legal. In this new book, Jane McAdam and Fiona Chong find that Australia’s policies towards refugees have hardened since their bestsellingRefugees: Why seeking asylum is legal and Australia’s policies are notwas published in 2014. Now,Refugee Rights and Policy Wrongs provides a wholly updated account of Australian refugee law and policy. Bringing facts to bear on a highly politicised debate, McAdam and Chong explain why Australia falls short of its own international commitments when it comes to policies on offshore processing, detention and boat turnbacks, among others. This up-to-date account of Australia’s refugee laws and policies could not come at a more crucial time and is compelling reading for anyone seeking to understand the human impacts of Australia’s practices. ‘This book should be read by all Australians concerned about the inhumanity demonstrated by successive federal governments when dealing with refugees seeking our protection.’ — Ian McPhee AO