Academic literature on the topic 'Refugees – Civil rights – Europe'
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Journal articles on the topic "Refugees – Civil rights – Europe"
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Kibreab, Gaim. "Citizenship Rights and Repatriation of Refugees." International Migration Review 37, no. 1 (March 2003): 24–73. http://dx.doi.org/10.1111/j.1747-7379.2003.tb00129.x.
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This article examines the relationship between access to or lack of access to citizenship rights in countries of asylum and the propensity of refugees to return. It hypothesizes that in situations where refugees enjoy civil, social and economic citizenship rights in the context of favorable structural factors — relatively secure employment, self-employment, social services such as housing, schools, health care and social security – the importance of repatriation may diminish as a viable option. In North America, Western Europe, Australia and New Zealand, where refugees are able to enjoy rights of citizenship with definite prospects for becoming citizens (through naturalization) or denizens through acquisition of permanent status, and where favorable structural factors provide for the enjoyment of a decent standard of living, they tend to remain regardless of whether the conditions that prompted displacement are eliminated. The policy environments and the structural factors for refugees sheltering in Less Developed Countries (LDCs) are the antithesis of those refugees in Developed Countries (DCs). As a result, millions of refugees in the South have been ‘voting with their feet’ homewards to recoup citizenship rights which they lost in connection with displacement and which they have been unable to achieve in exile.
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Belea, Simion. "Human Rights without Borders for Refugees and Asylum Seekers. Social and Jurisdictional Aspects." Journal for Ethics in Social Studies 5, no. 1 (September 2, 2022): 21–35. http://dx.doi.org/10.18662/jess/5.1/39.
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The refugee crisis generated by internal conflicts and civil wars from various areas consolidated unilateral interventions towards security, rather than developing a collective answer and providing immediate actions based on human rights to support vulnerable groups. A retrospection of the past decade events in the Arabic World, illustrates that during the years 2014 - 2021, the world witnessed the highest wave of refugees migrating from Syria, Yemen, Afghanistan and Iraq to Europe. By analysing this, we can argue that concerns regarding security policies led to a significant increase in the number of difficulties that refugees and asylum seekers encounter in obtaining international protection support. The 24th of February 2022 marks the beginning of the Russian invasion in Ukraine. It similarly marks the day when the twenty seven countries – members of the EU allowed the directive for temporary protection and support to the Ukrainian refugees, for the first time in the European Union history. This current study examines the collective efforts of the Intra – European relocations offering immediate support to those fleeing the war while respecting the fundamental international human rights.
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Lambert, Hélène. "Protection AgainstRefoulementfrom Europe: Human Rights Law Comes to the Rescue." International and Comparative Law Quarterly 48, no. 3 (July 1999): 515–44. http://dx.doi.org/10.1017/s0020589300063429.
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A growing opinion has appeared in refugee and human rights discourse that the 1950 European Convention on Human Rights and Fundamental Freedoms (the European Convention) provides more extensive protection againstrefoulementthan the 1951 UN Convention relating to the Status of Refugees (the Refugee Convention). However, uncertainties remain as to whether the protection offered by the 1984 UN Convention against Torture (the Torture Convention) and the 1966 UN International Covenant on Civil and Political Rights (the Political Covenant) may substitute, or, rather, reinforce, that of the European Convention. Which of these four instruments offers the greatest protection against a decision ofrefoulementfrom a European country? The answer to this question is far from being academic. The rule that an international organ may only be competent to consider an individual petition or communication provided “the same matter is not being examined under another procedure of individual investigation or settlement” is embodied in all three instruments providing a procedure for individual complaints. It is therefore crucial for an asylum-seeker to give his or her best shot first, even if, as rightly pointed out by Liz Heffernan, the Strasbourg organs and the Geneva organs are not in competition.1This article will review the scope of protection afforded under the three of these treaties which provide an international enforcement mechanism to persons who have sought refugee status in the domestic jurisdiction.
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Jastisia, Mentari. "PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH." Yustitia 7, no. 2 (October 15, 2021): 148–58. http://dx.doi.org/10.31943/yustitia.v7i2.142.
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Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe
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Agustín, Óscar García, and Martin Bak Jørgensen. "Solidarity Cities and Cosmopolitanism from Below: Barcelona as a Refugee City." Social Inclusion 7, no. 2 (June 27, 2019): 198–207. http://dx.doi.org/10.17645/si.v7i2.2063.
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The so-called ‘refugee crisis’ provoked a wave of solidarity movements across Europe. These movements contrasted with attitudes of rejection against refugees from almost all EU member states and a lack of coordinated and satisfactory response from the EU as an institution. The growth of the solidarity movement entails backlash of nationalized identities, while the resistance of the member states to accept refugees represents the failure of the cosmopolitan view attached to the EU. In the article, we argue that the European solidarity movement shapes a new kind of cosmopolitanism: cosmopolitanism from below, which fosters an inclusionary universalism, which is both critical and conflictual. The urban scale thus becomes the place to locally articulate inclusive communities where solidarity bonds and coexistence prevail before national borders and cosmopolitan imaginaries about welcoming, human rights, and the universal political community are enhanced. We use the case of Barcelona to provide a concrete example of intersections between civil society and a municipal government. We relate this discussion to ongoing debates about ‘sanctuary cities’ and solidarity cities and discuss how urban solidarities can have a transformative role at the city level. Furthermore, we discuss how practices on the scale of the city are up-scaled and used to forge trans-local solidarities and city networks.
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Ghosh, Debanjali. "European Union’s Response to Rising Xeno-Racism in Europe." Canadian Journal of European and Russian Studies 15, no. 1 (September 20, 2022): 1–23. http://dx.doi.org/10.22215/cjers.v15i1.2815.
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Ever since the start of the Syrian Civil War in 2011, Europe has experienced a huge influx of refugees, which has led to demographic and social changes and created fears about the erosion of the European civilisation and Christian values. The Continent has also experienced several Islamic terrorist attacks- like those in Paris, London, Brussels and Berlin. This, coupled with the rise of the right-wing in Europe, has led to increasing xeno-racism, particularly of an Islamophobic variety that has resulted in the creation of an environment of intolerance and exclusion. At times this has manifested itself as outright hostility towards the Muslim community through hate crimes which take the form of physical and verbal attacks on visibly identifiable and more tangible symbols of Islam like hijabs, headscarves, burkhas and mosques. Yet, most of these hate crimes remain unreported and unaddressed. The European Union (EU) is a one of a kind post-modern entity professing values of equality, democracy and human rights. Given this commitment, this paper attempts to take stock of the EU’s response to rising xeno-racism with particular attention to Islamophobia and the Member States’ attempts to grapple with the same.
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Zahra, Tara. "“The Psychological Marshall Plan”: Displacement, Gender, and Human Rights after World War II." Central European History 44, no. 1 (March 2011): 37–62. http://dx.doi.org/10.1017/s0008938910001172.
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In 1940, Howard Kershner, director of European relief for the American Friends Service Committee, was stationed in Vichy France, where Quakers were organizing relief for refugees. He had witnessed any number of wartime atrocities in his years of service during the Spanish Civil War, including violence directed at civilians, bombings, starvation, and disease. Now he added a new item to the litany of wartime suffering: “One of the greatest tragedies of all times is the separation of families in Europe today: wives in one country, husbands in another, with no possibility of reunion and often no means of communication; babies who have never seen their fathers; scattered fragments of families not knowing if their loved ones are living or dead, and often without hope of ever seeing them again. There are multitudes of wretched souls for whom it seems the sun of hope has set.”
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Gammeltoft-Hansen, Thomas, and Nikolas F. Tan. "The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy." Journal on Migration and Human Security 5, no. 1 (March 2017): 28–56. http://dx.doi.org/10.1177/233150241700500103.
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Asylum seekers and refugees continue to face serious obstacles in their efforts to access asylum. Some of these obstacles are inherent to irregular migration, including dangerous border crossings and the risk of exploitation. Yet, refugees also face state-made obstacles in the form of sophisticated migration control measures. As a result, refugees are routinely denied access to asylum as developed states close their borders in the hope of shifting the flow of asylum seekers to neighboring countries. Restrictive migration control policies are today the primary, some might say only, response of the developed world to rising numbers of asylum seekers and refugees. This has produced a distorted refugee regime both in Europe and globally — a regime fundamentally based on the principle of deterrence rather than human rights protection. While the vast majority of European states still formally laud the international legal framework to protect refugees, most of these countries simultaneously do everything in their power to exclude those fleeing international protection and offer only a minimalist engagement to assist those countries hosting the largest number of refugees. By deterring or blocking onward movement for refugees, an even larger burden is placed upon these host countries. Today, 86 percent of the world's refugees reside in a low- or middle-income country, against 70 percent 20 years ago (Edwards 2016; UNHCR 2015, 15). The humanitarian consequences of this approach are becoming increasingly clear. Last year more than 5,000 migrants and refugees were registered dead or missing in the Mediterranean (IOM 2016). A record number, this makes the Mediterranean account for more than two-thirds of all registered migrant fatalities worldwide (IOM 2016). Many more asylum seekers are subjected to various forms of violence and abuse during the migratory process as a result of their inherently vulnerable and clandestine position. As the industry facilitating irregular migration grows, unfortunately so too do attempts to exploit migrants and refugees by smugglers, criminal networks, governments, or members of local communities (Gammeltoft-Hansen and Nyberg Sørensen 2013). The “deterrence paradigm” can be understood as a particular instantiation of the global refugee protection regime. It shows how deterrence policies have come to dominate responses to asylum seekers arriving in developed states, and how such policies have continued to develop in response to changes in migration patterns as well as legal impositions. The dominance of the deterrence paradigm also explains the continued reliance on deterrence as a response to the most recent “crisis,” despite continued calls from scholars and civil society for a more protection-oriented and sustainable response. The paper argues that the current “crisis,” more than a crisis in terms of refugee numbers and global protection capacity, should be seen a crisis in terms of the institutionalized responses so far pursued by states. Deterrence policies are being increasingly challenged, both by developments in international law and by less wealthy states left to shoulder the vast majority of the world's refugees. At the same time, recent events suggest that deterrence policies may not remain an effective tool to prevent secondary movement of refugees in the face of rising global protection needs, while deterrence involves increasing direct and indirect costs for the states involved. The present situation may thus be characterized as, or at least approaching, a period of paradigm crisis, and we may be seeing the beginning of the end for deterrence as a dominant policy paradigm in regard to global refugee policy. In its place, a range of more or less developed alternative policy frameworks are currently competing, though so far none of them appear to have gained sufficient traction to initiate an actual paradigm shift in terms of global refugee policy. Nonetheless, recognizing this as a case of possible paradigm change may help guide and structure this process. In particular, any successful new policy approach would have to address the fundamental challenges facing the old paradigm. The paper proceeds in four parts. Firstly, it traces the rise of the deterrence paradigm following the end of the Cold War and the demise of ideologically driven refugee protection on the part of states in the Global North. The past 30 years have seen the introduction and dynamic development of manifold deterrence policies to stymie the irregular arrival of asylum seekers and migrants. This array of measures is explored in the second part of the paper through a typology of five current practices that today make up “normal policymaking” within the deterrence regime. Third, the paper argues that the current paradigm is under threat, facing challenges to its legality from within refugee and human rights law; to its sustainability due to the increasing unhappiness of refugee-hosting states with current levels of “burden-sharing”; and to its effectiveness as direct and indirect costs of maintaining the regime mount. Finally, the paper puts forward three core principles that can lay the groundwork in the event of a paradigm shift: respect for international refugee law; meaningful burden-sharing; and a broader notion of refugee protection that encompasses livelihoods and increased preparedness in anticipation of future refugee flows.
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Rikhof, Joseph. "Exclusion Law and International Law: Sui Generis or Overlap?" International Journal on Minority and Group Rights 20, no. 2 (2013): 199–232. http://dx.doi.org/10.1163/15718115-02002004.
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There exists a strong synergy between the regulation at the international level of minority rights, asylum and criminal prosecutions of violations of human rights. The aspirations of minorities as a human right are recognised in the International Covenant on Civil and Political Rights while the violation of such a right can confer on a victim the status of refugee in a third country. As well, persons who are responsible for causing very serious disruptions to the rights of minorities and other groups can be brought to justice for the commission of genocide and crimes against humanity, particularly persecution. While in general there has been a clear distinction between the granting of asylum or refugee status to victims of persecution one hand and the prosecution of perpetrators of persecution on the other, these two notions have been brought together into the concept of exclusion in order to address the phenomenon of persons with a criminal background being part of the refugee stream arriving in a third country. Exclusion is an essential part of refugee law to ensure that persons who have committed criminal acts will not benefit from the benefits set out in the Refugee Convention. This article will discuss the parameters of exclusion as determined by the jurisprudence in six countries in North America and Europe where this issue has been at the forefront in the last decade.
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Ippolitov, Sergei Sergeevich. "Russian Emigration of the First Wave in Germany: Humanitarian and Legal aspects of Adaptation, 1917-1920s." Исторический журнал: научные исследования, no. 1 (January 2020): 115–28. http://dx.doi.org/10.7256/2454-0609.2020.1.31909.
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The article discusses the activities of Russian humanitarian, professional and public organizations in determining the legal status of Russian migrants in Europe and providing legal assistance to refugees and Russian legal entities in exile in 1917 - 1920s, as well as the trade unions of Russian lawyers in exile and their activities of legal assistance to their compatriots. The author examines the foreign policy of different states concerning the legal discrimination of Russian refugees and the geopolitical context in which the legal integration of Russian emigration took place in the societies of host countries. The study views the Russian humanitarian and legal activity as a factor in preserving the civic identity of these emigrants. The methodological basis on which this research is based is the principles of historicism and systematicity, which imply the application of the chronological method in the research process, as well as the methods of retrospection, periodization and actualization. The article explores for the first time in historiography the little-studied page in the history of Russian emigration: the creation in Germany in the 1920s of an effective system of humanitarian and legal assistance to Russian refugees aimed at clarifying their legal status and restoring the legal existence of Russian commercial enterprises in exile. For the first time in historiography, the author examines the ability of the emigrant community to self-organize in order to assert its rights in a foreign language and foreign culture society.The factors that significantly complicated the Russian emigrants' humanitarian and legal status, thereby also hindering their integration into European society, included: the long irresolution of their legal status; the significant number of legal obstacles; the ineffectiveness of officials with respect to the refugees' actual lack of rights; the legal conflict in international law that arose with the emergence of the Russian emigration phenomenon; and the unprecedented humanitarian and legal crisis of the post First World War period in Europe. Under these conditions, the Russian emigrant community nonetheless managed to develop effective mechanisms to help its compatriots in the legal sphere.
Dissertations / Theses on the topic "Refugees – Civil rights – Europe"
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Fernández, Salas José Carlos. "Rights in rem in Europe." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/108245.
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The study of rights in rem from an internal perspective of our national legal system is notan easy task. For that purpose, a comparativestudy of the international juridical systems canserve as both a solution and an instrument tobring forward new and innovative knowledge related to those rights.The author perceives that fundamental to notice the importance that the international character of rights in rem has acquired through time. He does, therefore, a comparative study between different rights in rem regimes in countries such as France, Germany and England. These countries are all part of the European Union, with whom Peru has signed a Free Trade Agreement.El estudio de los derechos reales desde una perspectiva interna del ordenamiento peruano es una labor complicada. Por ello, un análisis de los distintos sistemas jurídicos internacionales podría tanto facilitar esta labor cuanto aportar conocimientos innovadores sobre el tema.Para el autor, será fundamental notar la importancia que ha ido ganando el carácter internacional de los derechos reales. Por ello, realiza un estudio comparativo entre distintos regímenes de derechos reales en países tales como Francia, Alemania e Inglaterra. Estos pertenecen a la Unión Europea, con la cual el Perú ha suscrito un Tratado de Libre Comercio.
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Cilliers, Judy-Ann. "The refugee as citizen : the possibility of political membership in a cosmopolitan world." Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/96022.
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Thesis (MA)--Stellenbosch University, 2014.ENGLISH ABSTRACT: The aim of this thesis is to determine what responsibilities democratic states have toward refugees. This problem is stated within the broader framework of the tension inherent in all democratic states: on the one hand, the sovereign right of a state over its territory and, on the other hand, the cosmopolitan or universal human rights norms upon which the state‟s constitution is founded. I argue that this tension is brought to the fore when refugees cross borders and enter into democratic territories, asking for protection and claiming their human rights. The sheer magnitude of the refugee crisis makes this an issue every state should address. My answer to the question of state responsibility is worked out in four phases. Firstly, I give a conceptual clarification of refugeehood, sovereignty, and cosmopolitanism. I show that neither absolute sovereignty (which implies closed borders) nor extreme cosmopolitanism (which implies no borders) is desirable. Secondly, I draw on Immanuel Kant‟s cosmopolitan theory as a possible solution. Kant proposes a world-federation of states in which right is realised on the civic, international, and cosmopolitan level. Kant also insists that every individual has the right to hospitality – a right which foreign states should recognise. Thirdly, I examine three prominent theories which could offer us a way to address the refugee crisis. I argue that the first two – multiculturalism and John Rawls‟ „law of peoples‟ – are not adequate responses to the refugee crisis, but that the third – Seyla Benhabib‟s cosmopolitan federalism – is more promising. Hospitality is the first responsibility states have toward refugees, and Benhabib proposes that it be institutionalised by (i) forming a federation of states founded on cosmopolitan principles, (ii) revising membership norms through the political process of democratic iterations, and (iii) extending some form of political membership to the state to refugees. Lastly, I justify the claim that political membership should be extended by referring to Hannah Arendt‟s argument that the ability to speak and act publicly is part of what it means to be human. If we deny refugees this ability, or if we deny them access to political processes, we deny their humanity. Benhabib proposes institutional measures to ensure that this does not happen, including allowing for political membership on sub-national, national, and supranational levels. Ultimately, I argue that democratic states have the responsibility to (i) allow entry to refugees, (ii) give refugees legal status and offer protection, and (ii) extend political membership to them on some level.
AFRIKAANSE OPSOMMING: Die doel van hierdie tesis is om te bepaal wat die verantwoordelikhede van demokratiese state teenoor vlugtelinge is. Ek plaas hierdie probleem binne die breër raamwerk van die onderliggende spanning in demokratiese state: die soewereine reg van ‟n staat oor sy grondgebied, aan die een kant, en die kosmopolitiese of universele menseregte-norme waarop die staat se grondwet berus, aan die ander kant. Ek argumenteer dat hierdie spanning na vore gebring word wanneer vlugtelinge, op soek na beskerming, grense oorsteek, demokratiese state binnetree en aanspraak maak op hulle regte. Ek bespreek die vraagstuk in vier stappe. Eerstens verduidelik ek die begrippe van vlugtelingskap, soewereiniteit en kosmopolitisme. Ek toon aan dat nóg absolute soewereiniteit (wat geslote grense impliseer), nóg ekstreme kosmopolitisme (wat geen grense impliseer) ‟n wenslike ideaal is. Tweedens kyk ek na Immanuel Kant se kosmopolitiese teorie vir ‟n moontlike oplossing. Kant stel voor dat state saamkom in ‟n wêreld-federasie, om sodoende reg te laat geskied op die plaaslike, internasionale, en kosmopolitiese vlak. Kant dring ook aan daarop dat elke individu die reg tot gasvryheid besit, ‟n reg wat ook deur ander state buiten die individu se staat van herkoms erken behoort te word. Derdens ondersoek ek drie prominente teorieë wat moontlike oplossings bied vir die vlugteling-krisis. Ek argumenteer dat die eerste twee – multikulturalisme en John Rawls se „law of peoples‟ – nie voldoende is om die vlugteling-krisis die hoof te bied nie. Die derde teorie, Seyla Benhabib se kosmopolitiese federalisme, blyk meer belowend te wees. Benhabib stel voor dat die staat se verantwoordelikheid om gasvryheid te toon geïnstitusionaliseer kan word deur (i)‟n federasie van state gegrond op kosmopolitiese beginsels te vorm, (ii) lidmaatskap-norme te hersien deur ‟n politieke proses genaamd demokratiese iterasie, en (iii) politieke lidmaatskap van een of ander aard aan vlugtelinge toe te ken. Laastens regverdig ek die aanspraak op lidmaatskap. Ek verwys na Hannah Arendt se argument dat die vermoë om in die publieke sfeer te praat en dade te kan uitvoer, deel uitmaak van wat dit beteken om ‟n mens te wees. As ons verhoed dat vlugtelinge hierdie twee vermoëns kan uitleef, ontken ons hulle menslikheid. Benhabib stel sekere institutionele maatreëls voor om dit te voorkom. Dit sluit politieke lidmaatskap op ‟n sub-nasionale, nasionale, en supra-nasionale vlak in. Uiteindelik argumenteer ek dat demokratiese state se verantwoordelikhede teenoor vlugtelinge uit die volgende bestaan: (i) toegang tot hierdie state se grondgebied, (ii) wetlike status en beskerming, en (iii) politieke lidmaatskap op een of ander vlak.
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Malloy, Tove. "The 'politics of accommodation' in the Council of Europe after 1989 : national minorities and democratization." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369369.
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Soykan, Taskin Tankut. "The implications of the Copenhagen political criteria on the language rights of the Kurds in Turkey /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81236.
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In recent years, the attention is being increasingly drawn to the role of the European Union on the development of minority rights in the candidate countries. The adoption of the Copenhagen political criteria, which also require "respect for and protection of minorities," as preconditions that applicants must have met before they could join the Union has inevitably led to some policy changes to the minorities in Eastern Europe. This policy shift is particularly directed at minority language rights, because one of the most important aspects of the protection of minorities is the recognition of their linguistic identity. The aim of this study is to explore to what extent this development has influenced the situation of language rights of the Kurds in Turkey. In order to answer this question, it first examines the relationship between the Copenhagen criteria and international and European standards protecting minority language rights. Secondly, considering those standards, it assesses the achievements and failures of the recent legislative amendments which are directed to bring the language rights of the Kurds within the line of the Copenhagen criteria. The case of Turkey reveals the vast potential of the European enlargement process on the development of minority language rights, but also its limits in situations where there is a lack of political will to respect and protect diversity.
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FARKAS, Lilla. "Mobilising for racial equality in Europe : Roma rights and transnational justice." Doctoral thesis, European University Institute, 2020. http://hdl.handle.net/1814/66916.
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Defence date: 20 April 2020 (Online)Examining Board: Professor Claire Kilpatrick (EUI), Professor Bruno de Witte (EUI), Professor Colm O'Cinnedie (University College London), Professor Scott L. Cummings (University of California Los Angeles)
The thesis provides a transnational account of Roma rights activism over the last thirty years with a focus on five Central and Eastern European countries, where the majority of the European Union’s Roma live. It contributes to scholarly debate by (i) mapping ethnic/racial justice related legal opportunities; (ii) taking stock of legally focused non-governmental organisations; (iii) charting legal mobilisation in courts and enforcement agencies; (iv) presenting an alternative account of the transplantation of public interest litigation, and (v) ‘mapping the middle’ between dominant and critical narratives about the Open Society Foundations and white Europeans in the Roma rights field. Finding that international advocacy and litigation alone have been insufficient to generate social change, the thesis highlights the salience of indigenous practices. It points to the shortcomings of the elitist conception of legal mobilisation characterised by top-down, planned legal action and a focus of international NGOs. The thesis proposes to shift the limelight to the financial resources of strategic litigation, to a broad conception of collective legal action, and the necessity of investigating the role private individuals, NGOs, as well as public agencies play in promoting racial equality in general and Roma rights in particular in a transnational field. By scrutinising the ethno-political critique of Roma rights activism and pointing to its conflation with the critique of litigation - that resonates on both sides of the Atlantic - the thesis navigates between liberal internationalism and ethno-nationalism by acknowledging and celebrating organic cross-border cooperation, in other words “good transnationalism.”
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Cruickshank, Neil A. "Power, civil society and contentious politics in post communist Europe." Thesis, University of St Andrews, 2008. http://hdl.handle.net/10023/559.
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This dissertation examines how contentious collective action in two post communist states, Poland and the Czech Republic, has broadened to include European and international actors. It identifies the emergence of new opportunities for contention brought about by recent episodes of institutional change, specifically EU accession, and questions how they benefit materially or politically weak NGOs. With the intention of determining how three interrelated processes, democratization, Europeanization and internationalization, affect the nature and scope of contentious politics, this dissertation carries out an investigation of several concrete episodes of political mobilization and contention. As shown these 'contentious events' involved a myriad of national, European and international actors, mobilizing to challenge national policy. Data from NGO questionnaires, interviews and newswire/newspaper archives are used to discern the nature and scope of contentious collective action. This dissertation assesses the extent to which transnationalization of advocacy politics has disrupted existing power arrangements at the national level between NGOs and government. Hypothesizing that European Union accession in 2004 changed the nature and scope of contentious collective action in post communist Europe, this dissertation undertakes a comparative empirical examination of three sectors, environment, women and Roma, and twenty-nine representative NGOs. My research identifies three important developments in the Polish and Czech nonprofit sector: first, European advocacy networks and institutions are helping national NGOs overcome power disparities at the national level; second, issues once confined to national political space have acquired a European dimension, and; third, despite Europeanization, a few notable policy issues (i.e. reproductive rights, nuclear energy and domestic violence) remain firmly under national jurisdiction. This dissertation contributes to existing collective action/post communist scholarship in three ways. It applies established theories of contention/collective action to several recent episodes of political mobilization; it confirms that post accession institutional change does offer new political opportunity structures to national NGOs, and finally; it presents new empirical research on post communist collective action.
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Matheson, Giorgia. "The rights and experiences of LGBTI refugees in Europe: a comparative study of procedures and practices in Italy and Sweden." Thesis, Uppsala universitet, Teologiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-390468.
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The main problem of this thesis was the comparative analysis of the procedures in place in Sweden and Italy for the reception and support of LGBTI asylum seekers fleeing from war. The aim was to understand if the Swedish and Italian asylum and social systems are supporting and protecting the rights of LGBTI asylum seekers equally, also by uncovering how these procedures affect individuals. The method used to carry out this study was analysis of secondary documents. Queer and migration research, as well as reports, were used to provide a general framework to the issue, while country-specific data was sought in current domestic legislation and country reports carried out by local and international NGOs invested in LGBTI and migrants rights. The gathered information was examined from a descriptive, critical and constructive perspective, and placed within a prevailing comparative framework. Indeed, at the core of the study, lies a comparison between procedural differences in Sweden and Italy concerning the reception and protection of LGBTI asylum seekers who flee war. It was found that in Sweden and Italy people seeking refuge from war torn countries have much higher possibilities to be granted asylum than any other group of migrants. However, with regards to LGBTI asylum seekers from other countries, the social and asylum system of both are structurally violent in that the exclusion and discrimination against sexual minority refugees is the standard. In fact, LGBTI asylum seekers face similar challenges related to their intersectional identity in Sweden as well as Italy, although to different degrees: compared to Italy, Sweden has more standard procedures set in place that help queer asylees have a better experience. Nevertheless, neither systems hold up to the standard they should as consistent reports describe unlawful practices that violate humanitarian law and breach of Article 3 of the European Convention of Human Rights. Ultimately, LGBTI asylum seekers appear to have virtually no control over any aspect of their application or experience in the asylum and social system in Sweden as well as Italy. Therefore, rather than experiencing a newfound freedom, in entering the Italian and Swedish democratic spaces, these individuals simply experience a different kind of oppression.
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Aleixo, Rita Margarida Cardoso. "Entre os direitos dos refugiados e a segurança europeia : relatos da situação da Grécia em 2016." Master's thesis, Instituto Superior de Economia e Gestão, 2016. http://hdl.handle.net/10400.5/12983.
Full textAbstract:
Mestrado em Desenvolvimento e Cooperação InternacionalRecentemente, em resultado de medidas de segurança cada vez mais apertadas muitas das pessoas que fogem a situações de guerra e violência à procura de protecção e asilo na Europa, enfrentam uma dificuldade crescente em aceder a locais seguros para viver. Isto, tem conduzido ao aumento de rotas mais perigosas através do recurso a redes de contrabando e tráfico humano. Este estudo centra-se na situação recente da Grécia que, em Março de 2016, após o encerramento da rota dos Balcãs e ratificação do Tratado entre a UE e a Turquia ficou com milhares de pessoas "retidas" no país. Através da consulta de fontes documentais e de uma visita de campo a cinco locais de refugiados foi possível recolher testemunhos e reflectir sobre o contexto da protecção de refugiados na Europa. As conclusões vão ao encontro de algumas críticas que têm vindo a ser feitas: o sistema de protecção internacional e o sistema de Dublin deveriam ser revistos à luz da complexidade dos fenómenos migratórios actuais. A dicotomia entre securitização e protecção coloca em causa direitos e liberdades civis fundamentais, urgindo soluções necessariamente diferentes num mundo também ele em rápida mudança. Porém, a falta de solidariedade entre Estados e a quebra do compromisso europeu pelo respeito dos direitos humanos tem sido contrabalançada pela emergência de amplas redes de apoio provenientes da sociedade civil composta maioritariamente por voluntários e activistas sociais e pela agência dos refugiados que não termina com a sua chegada à Europa. Estas áreas merecem atenção em investigações futuras.
In recent years, due to the closure of the land borders and the increase of strict security measures, many of the people who are fleeing from war and situations of conflict seeking asylum and protection in Europe face an increasing difficulty to access a safe place to live. Consequently, this has led to the rise of dangerous routes through smugglers networks and human traffic. This study focus on the recent situation where thousands of refugees were "trapped" in Greece after the closure of the Balkan Route and the Treaty between the European Union and Turkey, on March 2016. Through the consultation of documental sources and a field visit to five refugee settings it was possible to collect testimonies and reflect over the refugee protection context in Europe. The findings meet some of the critics that have been made: the international protection system and, in particular, the Dublin System - both should be reviewed in light of the actual complexity of the migratory flows. The dichotomy between securitization and protection calls into question crucial civil rights and liberties, urging for solutions that have to be necessarily different in a rapidly changing world. However, the lack of solidarity between States and the breach of the European commitment with regards to the respect of human rights is being counterbalanced with the emergence of an extensive civil society support network mainly formed by volunteers and social activists, and refugees agency that didn´t end up on Europe's shore. These areas warrant attention in future research.
info:eu-repo/semantics/publishedVersion
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VERSTICHEL, Annelies. "Representation and identity : the right of persons belonging to minorities to effective participation in public affairs : content, justification and limits." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13178.
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Defence date: 13 December 2007Examining Board: Prof. Bruno De Witte (EUI); Prof. Paul Lemmens, (Katholieke Universiteit Leuven); Prof. John Packer, (University of Essex); Prof. Wojciech Sadurski, (EUI)
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2008.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis aims at investigating this new international right of persons belonging to minorities to effective participation in public affairs. What is its content? What is its justification and what is it aiming at? Are there any limits to its implementation and what kind of problematic issues are involved? The example of Bosnia and Herzegovina as described above illustrates that organising representation along ethnic lines raises challenging questions. These will be explored in this PhD.Our investigation of the right of minorities to effective participation in public affairs will run through five chapters: Chapter 1 will outline the theoretical framework; Chapter 2 will examine the political rights in the general human rights instruments; Chapter 3 will study the provision on effective participation in public affairs in the three key minority rights instruments of the 1990’s; Chapter 4 will look at the range of possible domestic mechanisms implementing the right of minorities to effective participation in public affairs through a comparative national law approach; and Chapter 5 will illustrate Chapter 4 by zooming in on three case studies, namely Belgium, Italy and Hungary.
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Milli, Ece. "Assessing The Human Rights Regime Of The Council Of Europe In Terms Of Economic And Social Rights." Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12615020/index.pdf.
Full textAbstract:
This thesis seeks to answer the question whether economic and social rights have the same status with civil and political rights under the human rights regime of the Council of Europe. To this end, the thesis examines the assumptions with regard to the nature of economic and social rights, on the one hand, and civil and political rights, on the other. Second, it seeks to find out whether the nature of economic and social rights is different from that of civil and political rights. Third, it examines how the protection of and approach to the two sets of rights developed in the Council of Europe. Finally, it assesses the contemporary protection of economic and social rights in the Council of Europe in comparison to protection of civil and political rights.
Books on the topic "Refugees – Civil rights – Europe"
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Joly, Danièle. Refugees: Asylum in Europe? Boulder: Westview Press, 1992.
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Joly, Danièle. Refugees: Asylum in Europe? London: Minority Rights Group, 1992.
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Cornelisse, Galina. Immigration detention and human rights: Rethinking territorial sovereignty. Leiden: Martinus Nijhoff Publishers, 2010.
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Immigration detention and human rights rethinking territorial sovereignty. Leiden: Martinus Nijhoff Publishers, 2010.
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Cornelisse, Galina. Immigration detention and human rights: Rethinking territorial sovereignty. Leiden: Martinus Nijhoff Publishers, 2010.
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Kelly, Tobias, and Marie-Bénédicte Dembour. Are human rights for migrants?: Critical reflections on the status of irregular migrants in Europe and the United States. Milton Park, Abingdon, Oxon: Routledge, 2011.
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Asylrecht und Menschenwürde: Zur Problematik der "sicheren Drittstaaten" nach Art. 16 a Abs. 2 und 5 GG und die Harmonisierung des Asylrechts in Europa. Frankfurt am Main: Lang, 1996.
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United States. Congress. Commission on Security and Cooperation in Europe. Kosovo's displaced and imprisoned: Hearing before the Commission on Security and Cooperation in Europe, One Hundred Sixth Congress, second session, February 28, 2000. Washington: U.S. G.P.O., 2001.
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Terol, Juan Miguel Ortega, Antonio Javier Trujillo Pérez, and José H. Fischel de Andrade. Inmigración y asilo: Problemas actuales y reflexiones al hilo de la nueva Ley reguladora del derecho de asilo y de la protección subsidiaria y de la entrada en vigor del Tratado de Lisboa. Madrid: Sequitur, 2010.
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United Nations Centre for Human Rights., ed. Human rights and refugees. Geneva, Switzerland: Centre for Human Rights, United Nations Office at Geneva, 1993.
Find full textBook chapters on the topic "Refugees – Civil rights – Europe"
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Kaya, Ayhan. "Europeanization and De-Europeanization of Turkish Asylum and Migration Policies." In EU-Turkey Relations, 347–72. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-70890-0_14.
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AbstractThis chapter discusses Turkey’s efforts to align and then de-align its migration and asylum policies and laws with the European Union. It argues that the Europeanization of migration and asylum policies and laws corresponds to the internalization of a rights-based approach by state and societal actors in Turkey up until the beginning of the civil war in Syria. The period of the war corresponds to the ascent of the process of de-Europeanization of Turkey that has resulted in the framing of migration and asylum policies at the national and local levels in cultural and religious terms. The chapter argues that the Justice and Development Party (AKP) has successfully accommodated the Syrian refugees on the basis of a religious rhetoric called ‘Ansar spirit’.
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Karakayali, Serhat. "The Welcomers: How Volunteers Frame Their Commitment for Refugees." In Refugee Protection and Civil Society in Europe, 221–41. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-92741-1_8.
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Hashimoto, Naoko. "Stratification of rights and entitlements among refugees and other displaced persons in Japan." In Civil and Political Rights in Japan, 128–42. New York, NY : Routledge, 2019. | Series: Routledge research in human rights law: Routledge, 2019. http://dx.doi.org/10.4324/9781351180030-10.
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Love, Erik. "Civil Liberties or Civil Rights? Muslim American Advocacy Organizations." In Islamic Organizations in Europe and the USA, 37–53. London: Palgrave Macmillan UK, 2013. http://dx.doi.org/10.1057/9781137305589_3.
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Bender, Felix. "Abolishing asylum and violating the human rights of refugees. Why is it tolerated?" In Europe and the Refugee Response, 59–73. New York : Routledge, 2020. |Series: Routledge studies in development, displacement and resettlement: Routledge, 2020. http://dx.doi.org/10.4324/9780429279317-5.
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Sharlet, Robert. "Human Rights and Civil Society in Eastern Europe." In Central and Eastern Europe: The Opening Curtain?, 156–77. New York: Routledge, 2021. http://dx.doi.org/10.4324/9780429033162-7.
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Roorda, Lucas. "Adjudicate This! Foreign Direct Liability and Civil Jurisdiction in Europe." In Business and Human Rights in Europe, 195–211. Abingdon, Oxon ; New York, NY : Routledge, 2018. | Series: Transnational law and governance: Routledge, 2018. http://dx.doi.org/10.4324/9780429443169-17.
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Frykman, Maja Povrzanović, and Fanny Mäkelä. "‘Only Volunteers’? Personal Motivations and Political Ambiguities Within the Refugees Welcome to Malmö Civil Initiative." In Refugee Protection and Civil Society in Europe, 291–318. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-92741-1_11.
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Feischmidt, Margit, and Ildikó Zakariás. "Politics of Care and Compassion: Civic Help for Refugees and Its Political Implications in Hungary—A Mixed-Methods Approach." In Refugee Protection and Civil Society in Europe, 59–99. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-92741-1_3.
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Bright, Claire. "The Civil Liability of the Parent Company for the Acts or Omissions of Its Subsidiary." In Business and Human Rights in Europe, 212–22. Abingdon, Oxon ; New York, NY : Routledge, 2018. | Series: Transnational law and governance: Routledge, 2018. http://dx.doi.org/10.4324/9780429443169-18.
Full textConference papers on the topic "Refugees – Civil rights – Europe"
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Moser, Elisabeth, Selina Meyer, Maximilian Schmidhuber, Daniel Ketterer, and Matthias Eberhardt. "Argo: Towards Small Vessel Detection for Humanitarian Purposes." In Thirty-First International Joint Conference on Artificial Intelligence {IJCAI-22}. California: International Joint Conferences on Artificial Intelligence Organization, 2022. http://dx.doi.org/10.24963/ijcai.2022/728.
Full textAbstract:
Refugees trying to get to Europe via the Mediterranean often face human rights violations. The present situation is not in line with the UN's SDG's 10 and 16. We present Argo: a semi-automatically created vessel classification dataset focused on small boats, with the aim to enable NGOs and the public to detect refugee boats in satellite imagery. We achieve a classification recall of 91% on small ships. With a tool developed on top of the results presented here, NGOs could collect information and hold institutions participating in illegal activities accountable.
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Aydınlı, İbrahim. "Refugee Question and The Right to Work and Social Security of Refugees in Turkey." In International Conference on Eurasian Economies. Eurasian Economists Association, 2016. http://dx.doi.org/10.36880/c07.01744.
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Turkey faces various problems because of her distinctive geo-strategic importance have made her a transit country. The most important of those are migrations towards Europe due to socio-economic disasters like starvation, poverty or unemployment as well as geopolitical disasters like war or internal turmoils. Although the political and economic dimensions of migration are prominent, these are not the focus of this study. The issue in here is to identify whether immigrants, whose number has almost reached almost five million as wars and political chaos within neighbouring countries have forced a huge number of people to flee to Turkey, have right to work and social security according to the Turkish law.
In this vein, the paper aims to clarify the content of the right to work and social security for immigrants in the long-term, instead of the short-term social assistances in accordance with human rights and social policy implementation in Turkey. For doing so, the paper firstly deals with Turkey’s commitment to the international law. Secondly, it analyzes the regulations related to the right to work and social security within the national law. Finally, the paper discusses the problems occur during the implementation of law and regulations and suggests solutions for overcoming such problems.
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Cicoria, Massimiliano. "Legal Subjectivity and Absolute Rights of Nature." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.06.
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The anthropocentric approach that characterizes all human knowledge has led to a distortion of the relationship with Nature and a view of it as a mere object of law. This approach, presumably originating with Socrates, had solid support in Plato, Aristotle, Ptolemy, and finally, in Catholic patristics, hinging on all disciplines starting from philosophy, psychology, economics, up to law. Dwelling on the latter, examples of legislation that qualify Nature as an object of law are, increasingly over time, the Forest Charter of 1217, the Italian Law No. 1766 of 1927 on civic uses, and furthermore – Art. 812 of the Italian Civil Code, and finally – the cd. Consolidated Environmental Law. This view is, however, changing in some states such as Bolivia, New Zealand, India, Ecuador, Uganda, – the states that through either legislative acts or rulings of supreme courts have begun the process of granting both to Mother Earth in general, and rivers in particular, the status of juridical persons which are endowed with series of very personal rights, which are recognized. This is not the case in Europe, where the relevant legislation continues to consider Nature (or, better, the Environment) as an object of law, therefore as a “thing” from which to draw, albeit within certain limits, utilities of all kinds. By analysing legal instruments potentially useful for a Copernican revolution on this point – in particular, the Kelsenian concept of “legal person”, the meaning of “company” and the European provisions on Artificial Intelligence – the first conclusion is reached: in a relationship that is not only theoretical, but also practical and utilitarian, it would be opportune to start considering, also through acknowledgments in constitutional sources, the Nature as a subject and no longer an object of rights. In this regard, following the general theories of people’s rights, it could be granted certain absolute rights, of which the right to water, restoration and biodiversity are examined in the current article. Hence, we come to the second conclusion, namely, the contrasts that, in Western law, such an approach could suffer, analysing in particular the problems of neo-naturalism and representation.
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Simachkova, Natalya N., Oksana S. Trotsenko, and Svetlana N. Burlaka. "On the Problem of Realizing the Rights of Landholders in the Civil Law of the Continental Europe Countries (On the Example of France and Germany)." In Proceedings of the First International Volga Region Conference on Economics, Humanities and Sports (FICEHS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/aebmr.k.200114.114.
Full textReports on the topic "Refugees – Civil rights – Europe"
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Lucas, Brian. Lessons Learned about Political Inclusion of Refugees. Institute of Development Studies, May 2022. http://dx.doi.org/10.19088/k4d.2022.114.
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Most refugees and other migrants have limited opportunities to participate in politics to inform and influence the policies that affect them daily; they have limited voting rights and generally lack effective alternative forms of representation such as consultative bodies (Solano & Huddleston, 2020a, p. 33). Political participation is ‘absent (or almost absent) from integration strategies’ in Eastern European countries, while refugees and other migrants in Western Europe do enjoy significant local voting rights, stronger consultative bodies, more funding for immigrant organisations and greater support from mainstream organisations (Solano & Huddleston, 2020a, p. 33).This rapid review seeks to find out what lessons have been learned about political inclusion of refugees, particularly in European countries.In general, there appears to be limited evidence about the effectiveness of attempts to support the political participation of migrants/refugees. ‘The engagement of refugees and asylum-seekers in the political activities of their host countries is highly understudied’ (Jacobi, 2021, p. 3) and ‘the effects that integration policies have on immigrants’ representation remains an under-explored field’ (Petrarca, 2015, p. 9). The evidence that is available often comes from sources that cover the entire population or ethnic minorities without specifically targeting refugees or migrants, are biased towards samples of immigrants who are long-established in the host country and may not be representative of immigrant populations, or focus only on voting behaviour and neglect other forms of political participation (Bilodeau, 2016, pp. 30–31). Statistical data on refugees and integration policy areas and indicators is often weak or absent (Hopkins, 2013, pp. 9, 28–32, 60). Data may not distinguish clearly among refugees and other types of migrants by immigration status, origin country, or length of stay in the host country; may not allow correlating data collected during different time periods with policies in place during those periods and preceding periods; and may fail to collect a range of relevant migrant-specific social and demographic characteristics (Bilgili et al., 2015, pp. 22–23; Hopkins, 2013, p. 28).
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Milican, Juliet. Mapping Best Practice Guidelines in working with Civil Society Organisations. Institute of Development Studies, April 2022. http://dx.doi.org/10.19088/k4d.2022.092.
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This report sets out to map the different guidance documents available on how to work most effectively with civil society in the delivery of international aid in ways that deepen democracy and advance the rights of marginalised or excluded groups. It includes a review of guidelines published by other key international development funders and implementors written for their own teams, an overview of guidance provided for DAC members within OECD countries and policy papers on cooperation between the state and CSOs. It looks primarily at documents produced in the last ten years, between 2011 and 2021 and includes those related to cooperation on specific issues (such as drugs policy or human rights, as well as those that deal with specific countries or regions (such as Europe or the MENA region). The majority of documents identified are written by government aid departments (eg USAID, Norad) but there are one or two produced by umbrella civil society organisations (such as Bond) or international legal think tanks (such as ICNL, the International Centre for Not for Profit Law). There was a remarkable consistency between the issues Millican addressed in the different documents although their size and length varied between outline guidance on 2 – 3 pages and a comprehensive (62 page) overview that included definitions of civil society, range of organisations, reasons for collaborating, mechanisms for financing, monitoring and ensuring accountability and challenges in and guidance on the ways in which donors might work with CSOs.