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Relevant bibliographies by topics / Mandatory detention

Academic literature on the topic 'Mandatory detention'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 January 2023

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Dissertations / Theses
Books
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Journal articles on the topic "Mandatory detention"

1

Buley, Tim. "Mandatory Detention." Judicial Review 17, no. 2 (June 15, 2012): 136–43. http://dx.doi.org/10.5235/108546812801228112.

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&NA;. "Mandatory detention needed to control TB?" Inpharma Weekly &NA;, no. 1174 (February 1999): 5. http://dx.doi.org/10.2165/00128413-199911740-00007.

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Silverman, Stephanie J. "In the Wake of Irregular Arrivals: Changes to the Canadian Immigration Detention System." Refuge: Canada's Journal on Refugees 30, no. 2 (November 19, 2014): 27–34. http://dx.doi.org/10.25071/1920-7336.39616.

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This article seeks to address the policies, practices, and conditions of immigration detention in Canada. The article surveys detention worldwide, its promulgation in Canada, and changes ushered in via 2012 policy innovations. Focusing on mandatory detention and its relationship to the Designated Countries of Origin policy, the article also demonstrates the disproportionality of the Canadian government’s response to recent arrivals of people migrating by boat. The article emphasizes the dangers of establishing mandatory detention provisions and questions the justifications provided by defenders of the policies.

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Torrey, Philip. "Rethinking Immigration’s Mandatory Detention Regime: Politics, Profit, and the Meaning of “Custody”." University of Michigan Journal of Law Reform, no. 48.4 (2015): 879. http://dx.doi.org/10.36646/mjlr.48.4.rethinking.

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Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement, boasts that the figure is “an all-time high.” In some ways, these numbers are unsurprising, considering that the United States incarcerates approximately one in every one hundred adults within its borders—a rate five to ten times higher than any other Westernized country. An immigration law, known as the mandatory detention statute, is partially to blame for this recordbreaking immigration detention population. Under this law, facilities may hold noncitizens without providing them an opportunity to ask for release.

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Taylor-East, Rachel, Alexia Rossi, Julian Caruana, and Anton Grech. "The mental health services for detained asylum seekers in Malta." BJPsych. International 13, no. 2 (May 2016): 32–35. http://dx.doi.org/10.1192/s2056474000001070.

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Approximately 17 000 individuals have claimed asylum in Malta over the past 10 years. Maltese law stipulates mandatory detention. Here, we review Malta's asylum procedures and detention policy, and explore the impact of detention on mental health. We review the current mental health services and make recommendations to help fill the gaps.

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Witney, Andrew J., and Glen Bates. "Narrative integration of identity following trauma Life-stories of immigrants granted asylum in Australia following prolonged detention." Narrative Inquiry 26, no. 1 (December 5, 2016): 88–107. http://dx.doi.org/10.1075/ni.26.1.05wit.

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Drawing on narrative theories of personality this study proposed a model of narrative integration to explain how traumatic experiences are incorporated within the self-construct. A qualitative design was employed, using semi-structured interviews and thematic analysis of interview data. The sample included former asylum-seekers now living in Australia after spending two years or more in mandatory detention centers. Ten males aged between 19 and 51 recalled their experiences of mandatory detention within the context of their lives. Findings supported the use of the proposed model of narrative integration for understanding trauma associated with mandatory detention. Thematic analysis revealed disturbances to people’s narratives as a result of detention, with attempts to adapt to narrative disturbance adhering to constructs outlined in the model. Three groups representing different levels of narrative integration were identified using the model, including: robust integration, limited integration, and fragmentation. This study extended the narrative approach by offering a conceptual framework for assessing narrative integration following a traumatic event. Findings suggest scope for further research applying the model of narrative integration to other trauma populations, and exploring the utility of the model in a therapeutic context.

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Fauzee, Yasmine Joy. "In the Eyes of a Child — Behind the Wire: Education for Children in Mandatory Detention in Australia." Contemporary Issues in Early Childhood 4, no. 1 (March 2003): 90–95. http://dx.doi.org/10.2304/ciec.2003.4.1.9.

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Public concern for the well-being of children held in detention in Australia has been revealed through a National Inquiry. Evidence indicates that children are detrimentally affected by the detention environment on many levels. The discussion here focuses on the question of education. A ‘dual strategic approach’ is advocated, which calls for the urgent needs of children to be met within a context of concerted measures to end mandatory detention.

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Nicholas, Alexander W. "Protecting refugees: alternatives to a policy of mandatory detention." Australian Journal of Human Rights 8, no. 1 (July 2002): 69–81. http://dx.doi.org/10.1080/1323238x.2002.11911074.

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Kronick, Rachel, Cécile Rousseau, and Janet Cleveland. "Mandatory detention of refugee children: A public health issue?" Paediatrics & Child Health 16, no. 8 (October 2011): e65-e67. http://dx.doi.org/10.1093/pch/16.8.e65.

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Coker, Richard. "Detention and mandatory treatment for tuberculosis patients in Russia." Lancet 358, no. 9279 (August 2001): 349–50. http://dx.doi.org/10.1016/s0140-6736(01)05587-8.

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Dissertations / Theses on the topic "Mandatory detention"

1

Holmer, Mathilde. "Seeking asylum in the United States : Mandatory detention and international law." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-244906.

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Davies, Evan. "Mandatory detention for asylum seekers in Australia : an evaluation of liberal criticism." University of Western Australia. Political Science and International Relations Discipline Group, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0202.

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This thesis evaluates the policy of mandatory detention for asylum seekers maintained by successive Australian governments against several core liberal principles. These principles are derived from various accounts of liberal political thought and the major themes and criticisms inherent in the public debate over the policy. The justifications of the policy given by the Australian government and the criticisms enunciated by scholars, refugee advocates and non-government organisations with respect to the policy strongly correspond with the core liberal principles of fairness, protecting the rights of the individual, accountability and proportionality. The claims of the critics converge on a central point of contention: that the mandatory detention of asylum seekers violates core liberal principles. To ascertain the extent to which the claims of the critics can be supported, the thesis selectively draws on liberal political theory to provide a framework for the analysis of the policy against these liberal principles, a basis for inquiry largely neglected by contributors to the literature. This thesis argues that, on balance, the mandatory detention policy employed by successive Australian governments violates core liberal principles. The claims of the critics are weakened, but by no means discredited, by the importance of the government's maintenance of strong border control. In the main, however, criticisms made by opponents of the policy can be supported. This thesis contributes to the substantial body of literature on the mandatory detention policy by shedding light on how liberal principles may be applicable to the mandatory detention policy. Further, it aims to contribute to an enriched understanding of the Australian government's competence to detain asylum seekers.

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McLoughlin, Pauline. "Unhealthy places : examining asylum seeker mental health in the Australian mandatory detention environment /." Title page, table of contents and abstract only, 2004. http://web4.library.adelaide.edu.au/theses/09HS/09hsm4789.pdf.

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Malavaux, Claire. "Cultivating indifference : an anthropological analysis of Australia's policy of mandatory detention, its rhetoric, practices and bureaucratic enactment." University of Western Australia. School of Social and Cultural Studies, 2007. http://theses.library.uwa.edu.au/adt-WU2008.0120.

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This thesis is based on a particular domain of anthropological inquiry, the anthropology of policy, which proposes that policy be contemplated as an ethnographic object itself. The policy I consider is Australia's refugee policy, which advocates the mandatory detention of

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Townley, Brian Edward. "Children in mandatory detention and Australia's international obligations under 'The Convention on the Rights of the Child' /." Title page, table of contents and abstract only, 2003. http://web4.library.adelaide.edu.au/theses/09AR/09art746.pdf.

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Mohame, Sarina bt. "Mandatory detention and treatment of drug users in Malaysia : The implications for the principles of human rights." Thesis, University of Kent, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.534323.

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Huang, Jo Ying, and 黃若盈. "A Study on the Remedies for Alien Mandatory Detention System." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/89422034819608944208.

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Chiu, Hsiao-Hua, and 邱曉華. "Study on the Legalization and Adminsitrative Remedy Procedure of Alien Mandatory Detention." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/82731350944969104402.

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Stubbs, M., and M. Castles. "The International and Domestic Legality of Australia's Mandatory Detention of 'Unlawful Non-Citizens' under the Migration Act 1958 (Cth)." Thesis, 2002. http://hdl.handle.net/2440/50067.

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Immigration detention in Australia - consistency with international prohibition on arbitrary detention. Consequences in Australia of international illegality. Scope of Commonwealth legislative power, relevant limitations on legislative power.
Introduction Chapter i: Immigration detention under international law Chapter ii: International human rights law in Australia Chapter iii: Australian constitutional law Conclusion Bibliography

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Hsieh, Hui-Chung, and 謝慧中. "Mandatory Legal Representation and the Right of Access to the Case-files of the Accused in Pretrial Detention." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/52171523158436985722.

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碩士
國立臺灣大學
法律學研究所
100
Detention is important for the purpose of prosecution, especially in the pretrial proceedings. On the other hand, it is the most serious infringement on the right if liberty. Therefore, habeas corpus proceedings must provide sufficient guarantees of the judicial procedure, including varied procedural rights. The case-law of the European Court of Human Rights says, “In the view of the dramatic impact of the deprivation of liberty on the fundamental rights of the person concerned, proceedings conducted under Article 5 § 4 of the Convention should in principle also meet, to the largest extent possible under the circumstances of an on-going investigation, the basic requirements of a fair trial, such as the right to an adversarial procedure.” In order to ensure the principle of equality of arms and the requirement for an adversarial procedure, the accused in a pretrial detention must have opportunities to access the file and be assisted by a legal representation. In 2009, the German Code of Criminal Procedure was amended to provide mandatory defence for the accused, if remand detention is executed against him. Furthermore, it also regulates, if the accused is in remand detention or in the case of provisional arrest, information of relevance for the assessment of the lawfulness of such deprivation of liberty shall be made available to the defence counsel. In Taiwan, since the regulations of the Code of Criminal Procedure, the accused in pretrial detention does not have the right to having a defence counsel appointed by a judge or prosecutor. Moreover, a defence counsel does not have the right to access the case-files in pretrial proceedings, even if the accused is in remand detention. In conclusion of the thesis, to ensure the personal right of liberty, the mandatory defence shall be provided for the accused in the pretrial detention, and the defence counsel of the accused in pretrial detention shall have the right to access the case-files, which are relevant to the assessment of the lawfulness of deprivation of liberty.

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Books on the topic "Mandatory detention"

1

Hasan, Nader. Proportionality & punishment: Mandatory minimums, death penalty & other current debates. Toronto]: Faculty of Law, University of Toronto, 2011.

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Hasan, Nader. Crime and punishment: Mandatory minimums, the death penalty and other current debates. [Toronto]: Faculty of Law, University of Toronto, 2013.

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Hasan, Nader. Crime and punishment: Mandatory minimums, the death penalty and other current debates. [Toronto]: Faculty of Law, University of Toronto, 2013.

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Hasan, Nader. Crime and punishment: Mandatory minimums, the death penalty and other current debates. [Toronto]: Faculty of Law, University of Toronto, 2014.

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Hasan, Nader. Crime and punishment: Mandatory minimums, the death penalty and other current debates. [Toronto]: Faculty of Law, University of Toronto, 2013.

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Hasan, Nader. Crime and punishment: Mandatory minimums, the death penalty and other current debates. [Toronto]: Faculty of Law, University of Toronto, 2016.

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Hasan, Nader. Crime and punishment: Mandatory minimums, the death penalty and other current debates. [Toronto]: Faculty of Law, University of Toronto, 2015.

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Hasan, Nader. Crime and punishment: Mandatory minimums, the death penalty and other current debates. [Toronto]: Faculty of Law, University of Toronto, 2016.

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Hasan, Nader. Crime and punishment: Mandatory minimums, the death penalty and other current debates. [Toronto]: Faculty of Law, University of Toronto, 2014.

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Hasan, Nader. Crime and punishment: Mandatory minimums, the death penalty and other current debates. [Toronto]: Faculty of Law, University of Toronto, 2015.

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Book chapters on the topic "Mandatory detention"

1

Noferi, Mark. "Mandatory Immigration Detention for U.S. Crimes: The Noncitizen Presumption of Dangerousness." In Immigration Detention, Risk and Human Rights, 215–49. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-24690-1_13.

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2

Peterie, Michelle. "Immigration Detention in Australia." In Visiting Immigration Detention, 9–27. Policy Press, 2022. http://dx.doi.org/10.1332/policypress/9781529226607.003.0002.

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This chapter provides the backdrop for this book by locating Australia’s immigration detention system in its political and historical context. It describes the vilification and politicization of people seeking asylum in Australia, the evolution of Australia’s controversial policy of indefinite mandatory detention, and the emergence of Australia’s refugee and asylum seeker support/advocacy/activism movement.

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Balint, Jennifer. "Prosecuting and Partnering for Social Change: Law, Social Movements and Australia’s Mandatory Detention for Refugees and Asylum Seekers." In Studies in Law, Politics, and Society, 169–89. Emerald Publishing Limited, 2019. http://dx.doi.org/10.1108/s1059-433720190000079009.

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Conference papers on the topic "Mandatory detention"

1

Matei, Carmen. "Reflection on Social Entrepreneurship in the Penitentiary Environment." In World Lumen Congress 2021, May 26-30, 2021, Iasi, Romania. LUMEN Publishing House, 2022. http://dx.doi.org/10.18662/wlc2021/40.

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Entrepreneurship can be a solution to the dilemma: “Labour is a form of education, a way of ensuring existence, gaining autonomy, a physical and mental training, a way of oppression, a form of occupational therapy, all together or …none of the variants listed?” Depending on the reference field and the perspectives offered by different specializations, work is defined as a physical or intellectual action, which develop material and emotional satisfactions. Especially in closed environments, it is practiced as a form of occupational therapy (ergotherapy), because it ensures a sense of usefulness, helping to maintain somato-psycho-emotional health. The schoolmasters highlight the formative values of work for students: evaluate the native skills and abilities, lead to the discovery of new unknown interests and talents, support the student in his perfection by inoculating the ideas of responsibility, order, discipline, etc. Before 1989, in detention environment labour was mandatory, but now, labour is an optional right. The two perspectives are diametrically opposed, and the issue was addressed only from the perspective of reduced job supply, both during detention and after release. There are few publications with strict reference to this topic. In general, the social reintegration of post-execution prisoners is addressed. At this moment, the main problem highlighted is integration/reintegration on the labour market, as the main facilitating step of maintaining the accumulations during the detention period and a primary factor for avoiding the recurrence. However, those who have served a custodial sentence do not have a "ticket" to the labour market. To be known and solved, the situation should be addressed continuously: prevention before detention, education/re-education/training / retraining during detention and placement on the labor market / retraining immediately after release.

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