gender in refugee law from the margins to the centre routledge research in asylum migration and refugee law

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Gender In Refugee Law

Author : Efrat Arbel
ISBN : 9781135038113
Genre : Law
File Size : 89. 17 MB
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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.

Asylum Seeker And Refugee Protection In Sub Saharan Africa

Author : Cristiano d’Orsi
ISBN : 9781317669821
Genre : Law
File Size : 46. 31 MB
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It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d’Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.

Asylum Law In The European Union

Author : Francesco Cherubini
ISBN : 9781317804451
Genre : Law
File Size : 76. 89 MB
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This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

Asylum Seeking And The Global City

Author : Francesco Vecchio
ISBN : 9781135107666
Genre : Social Science
File Size : 51. 42 MB
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Asylum seeking and the global city are two major contemporary subjects of analysis to emerge both in the literature and in public and official discourses on human rights, urban socioeconomic change and national security. Based on extensive, original ethnographic research, this book examines the situation of asylum seekers in Hong Kong and offers a narrative of their experiences related to internal and external borders, the performance of border crossing and asylum politics in the context of the global city. Hong Kong is a city with no comprehensive legislation covering refugee claims and official and public opinion is dominated by the view that the city would be flooded with illegal economic migrants were policy changes to be implemented. This book considers why Hong Kong has become a destination for asylum seekers, how asylum seekers integrate into local and global economic markets and why the illegalization of asylum seekers plays a significant role in the processes of global city formation. This book will be essential reading for academics and students involved in the study of migration; globalization and borders; research methods in criminology; social problems and urban sociology.

Unaccompanied Children In European Migration And Asylum Practices

Author : Mateja Sedmak
ISBN : 9781317275374
Genre : Law
File Size : 41. 65 MB
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Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children’s rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children’s rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants’ rights in practice. Authors deconstruct power relations residing within the discourses of children’s rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children’s’ rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors’ survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states’ obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.

The Securitization Of Migration And Refugee Women

Author : Alison Gerard
ISBN : 9781135982577
Genre : Social Science
File Size : 41. 30 MB
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Humanised accounts of restrictions on mobility are rarely the focus of debates on irregular migration. Very little is heard from refugees themselves about why they migrate, their experiences whilst entering the EU or how they navigate reception conditions upon arrival, particularly from a gendered perspective. The Securitization of Migration and Refugee Women fills this gap and explores the journey made by refugee women who have travelled from Somalia to the EU to seek asylum. This book reveals the humanised impact of the securitization of migration, the dominant policy response to irregular migration pursued by governments across the Globe. The Southern EU Member State of Malta finds itself on the frontline of policing and securing Europe’s southern external borders against transnational migrants and preventing migrants’ on-migration to other Member States within the EU. The securitization of migration has been responsible for restricting access to asylum, diluting rights and entitlements to refugee protection, and punishing those who arrive in the EU without valid passports –a visibly racialised and gendered population. The stories of the refugee women interviewed for this research detail the ways in which refugee protection is being eroded, selectively applied and in some cases specifically designed to exclude. In contrast to the majority of migration literature, which has largely focused on the male experience, this book focuses on the experiences of refugee women and aims to contribute to the volume of work dedicated to analysing borders from the perspective of those who cross them. This research strengthens existing criminological literature and has the potential to offer insights to policy makers around the world. It will be of interest to academics and students interested in International Crime and Justice, Securitisation, Refugee Law and Border Control, as well as the general reader.

Refugee Protection And The Role Of Law

Author : Susan Kneebone
ISBN : 9781135046903
Genre : Law
File Size : 85. 22 MB
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Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

Borderland Religion

Author : Daisy L. Machado
ISBN : 9781351056922
Genre : Social Science
File Size : 78. 27 MB
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Borderland Religion narrates, presents and interprets the fascinating and significant practices when borders, migrants and religion intersect. This collection of original essays combines theology, philosophy and sociology to examine diverse religious issues surrounding external national borders and internal domestic borders as these are challenged by the unstoppable flow of documented and undocumented migrants. While many studies of migration have examined how religion plays a major role in the assimilation and integration of waves of migration, this volume looks at a number of empirical studies of how emergent religious practices arise around border crossings. The volume begins with a detailed analysis of the borderland religion context and research. The aim is to bring an eschatological interpretation of the borderland religion, its impact and significance for migrants. Themes include a critical analysis of how religion has formatted Europe; empirical studies from the US/Mexican border and Southern Africa; an overview of the European refugee crisis in 2015; editors’ account of borderland religion from the perspective of citizenship studies. Contributions of scholars from a broad range of disciplines ensure a careful analysis of this highly topical situation. The volume’s interdisciplinary profile will appeal to scholars and students in religious studies, migration studies, theology and citizenship studies.

Migrant Rights At Work

Author : Laurie Berg
ISBN : 9781317617815
Genre : Law
File Size : 90. 17 MB
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Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.

The End Of Gender

Author : Shari L. Thurer
ISBN : 9781135774110
Genre : Psychology
File Size : 80. 42 MB
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Gender isn't what it used to be. Categories are collapsing. What was deviant for baby boomers has become mainstream for their offspring: like the coed who realizes she's bisexual but, after a period of adjustment, shrugs her shoulders and gets on with her otherwise mundane life. Gender as we once understood it is over, and gender-bending is the new beat. Men sport ponytails and earrings and teach nursery school; women flaunt tatoos and biceps and smoke cigars.In The End of Gender, Shari L. Thurer argues that we are in the midst of a new sexual revolution. It is one where gender categories are blurring not just at the "fringes" of society, but in mainstream lifestyle, media, fashion, and art. So, why is this cultural phenomenon happening now? And what does it mean? In lively, non-technical language, and with sometimes surprising case studies from her 25 years as a psychologist, Thurer answers these questions, bridging complex postmodern theory with cutting edge psychoanalysis.

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