Dissertations / Theses on the topic 'Refugees – Legal status, laws, etc. – Europe'
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1
Hinkson, Heather A. (Heather Antonia). "Canadian refugee policy : international developments and debates on the role of gender in refugee determination procedures." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23843.
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Through the evolution of international human rights law and policy, gender has become a prohibited ground for persecution. However the international definition of a refugee contained in the Convention Relating to the Status of Refugees does not explicitly include gender as an enumerated ground on which persecution can be feared. This omission has required women who fear gender-based persecution to use the Convention's "membership in a particular social group" provision. Traditionally, judicial interpretation of criteria establishing a "particular social group" was not consistent in cases alleging gender-based persecution. In 1993, Canada developed guidelines that attempt to establish a coherent and consistent application of the "particular social group" category. This represents a state policy initiative to recognize the international evolution of policy on gender as a basis for persecution. Although the guidelines challenge theories of state sovereignty in the design and execution of domestic policy, they demonstrate that a coherent and consistent framework for granting asylum status to women who fear gender-based persecution can be developed in such policy.
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Trilsch, Mirja A. "Gender-based persecution and the 'particular social group' category : an analysis." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31176.
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This thesis addresses the problems related to the assessment of gender-based claims of persecution under the international definition of 'refugee'. The 1951 United Nations Convention Relating to the Status of Refugees does not list 'gender' as one of the persecution grounds that entitle a person to seek refuge. In attempting to solve this apparent dilemma, the 'membership of a particular social group' category was long considered to be the appropriate assessment framework.While nowadays the other four enumerated Convention grounds---race, religion, nationality, and political opinion---have increasingly received regard, the approach to gender-based persecution has so far been neither systematic, nor consistent. Moreover, the most critical interpretative hurdles continue to arise in the context of the 'membership of a particular social group' category,
This study therefore examines the link between the two concepts of gender-based persecution and the 'membership of a particular social group' category. For this purpose, both concepts are first considered independently (Parts II and III). Following this, the larger part of the analysis is assigned to the examination of the international case law concerning gender-based claims (Part IV) which shall determine if and how gender-based persecution can appropriately be accommodated under the 'membership of a particular social group' category,
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Baribonekeza, Jean-Baptiste. "Political participation of refugees as a means to realise the right to repatriation : the search for a durable solution to the refugee problem in Africa." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3730_1190369773.
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This paper sought to discuss the questions whether refugees have the right to return to their country of origin and whether their participation in the political life of that country may be used as a means to realise their right to return.
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Sharpe, Marina. "The regional law of refugee protection in Africa." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:cfa6b452-1949-4b4c-8946-b7acf036c123.
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This work offers an analysis of the legal regime for refugee protection in Africa, broadly construed as including both refugee law and human rights elements. The regime is addressed in two parts. Part One analyses the treaty regime, principally comprised of the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the African Charter on Human and Peoples' Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the 1969 Convention's drafting, and original analysis of the relationships of interpretation and the relationships of conflict that arise between the various treaties comprising the regional refugee protection framework. Significant attention in this regard is devoted to various aspects of the relationship between the international and the regional refugee treaties, and to the relationships between African refugee law on the one hand and African human rights law on the other. Part Two focuses on the institutional architecture supportive of the treaty framework addressed in Part One. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples' Rights and the various African human rights courts are canvassed. This account of the treaty framework, and the institutional architecture, for refugee protection on the continent is the first broad analytical account of the regional law of refugee protection in Africa.
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PALACIN, MARISCAL Ihintza. "Sociolegal perspectives of linguistic minorities in Europe : the Basque language, education and media." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74273.
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Defence date: 25 February 2022Examining Board: Prof. Bruno de Witte (EUI and Maastricht University); Prof. Gábor Halmai (EUI); Prof. Joxerramon Bengoetxea (University of the Basque Country); Prof. Xabier Arzoz (UNED Madrid)
This dissertation addresses the legal framework and social embedding of the Basque language. As a minority language located between two European states (France and Spain) with different approach towards minority languages, the task of understanding the legal framework of the Basque language and its relationship with the community of speakers is challenging. In fact, this legal framework results in a vast array of legal rules for Basque speakers. This research examines the fundamental and linguistic rights of these minority language speakers (norm users), from international and European legal frameworks to national or regional ones. It carries out a comparative analysis between France and Spain, and between the three Basque regions to examine the legal framework. This doctrinal analysis is complemented by the study of key actors participating in the context and implementation of the legal norms regulating the Basque language. An emphasis is placed on the analysis of the relationship between the legal framework of the Basque language and the Basque society, applying a sociolegal methodology. By focusing on the examples of education and media, this thesis aims to shed light on the relationship between law and context in the case of the Basque language. It displays the tension and collaboration between norm givers and norm users in the case of a minority language. Studying the examples of education and media exposes the difficulties that Basque speakers face, as well as their commitment to the survival of their language. At the same time, progressive legal frameworks for Basque have enabled the creation of linguistic policies favouring the recovery and development of this language, where active collaboration between the three Basque regions is increasing. Ultimately, this research showcases a contextualised understanding of the legal framework of the Basque language, telling the story of this minority language in law.
6
Takami, Chieko. "Defining women as a particular social group in the Canadian refugee determination process." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31175.
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Recent feminist criticism has resulted in remarkable changes to the interpretation of the refugee definition. Case law, academic commentaries and gender guidelines now recognize that women may constitute a particular social group under the definition of refugee. However, only those who belong to certain subgroups of women are usually granted asylum because being a woman only is considered too broad to comprise a particular social group. Such restrictive interpretation is theoretically and practically problematic, and it is the primary cause for the inconsistency in the interpretation of the definition of a particular social group and refugee determination in gender-based claims. Through an analysis of recent gender-based cases before the Canadian courts and the Immigration and Refugee Board, this paper argues that this inconsistency will be avoided when categorization of women does not require female claimants to prove characteristics other than their gender. Female refugees who are persecuted for being women do not need to provide additional reasons for their suffering, and this broad categorization of women should be consistently applied in Canada.
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Labman, Shauna. "The invisibles : an examination of refugee resettlement." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/33004.
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Resettlement is one of three durable solutions, which the United Nations High Commissioner for Refugees (UNHCR) uses to achieve refugee rotection. Refugees are assumed to locally integrate, voluntarily repatriate or resettle. Too many of the world's refugees, however, are left to linger in non-durable conditions in countries of first asylum that are often only minimally safer than the countries they have fled. Where neither local integration nor repatriation is possible, resettlement is the only option. Resettlement
requires a third country to be willing to accept refugees into its territory. While signatory
states to the 1951 Convention relating to the Status of Refugees (1951 Convention) are obliged not to refoule asylum seekers at their borders, they have not committed to accept refugees for resettlement.
By geographic distance, presumptions of safety, and a lack of legal obligations, those refugees who fail to make it to the frontiers of safe states are simply not seen. These refugees remain so far removed in a vague, far-off realm that they are rendered invisible. Their invisibility is reflected in the 1951 Convention's silence on obligations to them, the dearth of academic examination of resettlement, and media and government attention only in the celebratory act of making a small number of such refugees visible and legal, through the act of bringing them within a protective state's borders. Despite their
invisibility, the protection needs of those refugees left outside the borders of safe states
remains.
The goals of this thesis are therefore to create visibility and increase resettlement. Resettlement is examined from its theoretical motivations, historical origins, current manipulations, and future possibilities - both generally and through an examination of the Canadian scheme. The thesis closes with recommendations for resettlement reform. They are targeted at UNHCR, the international community, national governments, and
Canada in particular. For resettlement to offer a fair mode of protection a comprehensive and global model of resettlement must be designed and, ultimately, implemented.Law, Peter A. Allard School of
Graduate
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Masumbe, Paul Sakwe. "The process of naturalisation of refugees under international and South African law and its implications for human rights." Thesis, University of Fort Hare, 2015. http://hdl.handle.net/10353/5608.
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This study seeks to examine the naturalisation of refugees under international law with specific focus on the South African refugee system. The universalised nature of human rights and the difficulties of refugees finding new roots in host states form the basis of this study. This study takes a closer look at the South African refugee system and the path to naturalisation of refugees. It identifies policy and legal gaps in the process of naturalisation of refugees and argues that the practice as it stands today, fundamentally abuses the rights of refugees and questions South Africa’s good faith in meeting its international obligations under the 1951 Refugee Convention. It argues further that the biopolitical philosophy upon which South African citizenship is anchored is itself a hindrance to the realisation of efforts aimed at naturalising refugees and their descendants. The research methodology used in this study is non-empirical. This is so because the study is based on available data, information already available in print or on the internet. The study attempts to accomplish the above by undertaking an in-depth analysis of the history of refugees, the current position of naturalisation under international law, and identifies the inherent challenges. In the South African context, the study makes use of extensive statutory, constitutional and case law materials to justify that the current treatment of refugees in their quest for naturalisation is indefensible within the context of a human rights-based approach and the dictates of the Constitution. This study concludes by making recommendations that would help close the legal and policy gaps that obtain presently. These include amendments to the Refugees, Immigration and Citizenship Acts and strengthening policy implementation at the DHA. It is hoped that the recommendations will strengthen and evolve a human rights culture and bring refugee, immigration and citizenship laws in line with the Constitution. It will also pave the way for a more just and peaceful South Africa as she strives to meet her obligations under regional and international law.
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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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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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Borovan, Nicole A. "The Canada-United States Safe Third Country Agreement : a constitutional analysis." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98604.
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This thesis examines the Safe Third Country Agreement between Canada and the United States from the perspective of Canada's obligations vis-a-vis asylum seekers under the Canadian Charter of Rights and Freedoms. The Safe Third Country Agreement requires asylum seekers to lodge their refugee claims in the first country of arrival, as between Canada and the United States. Asylum seekers on the United States side of the border who are seeking to enter Canada for the purpose of claiming refugee status will be deflected to the United States to lodge their claims there. By deflecting asylum seekers in this manner, Canada effectively conscripts the United States to carry out its obligations under the Charter to furnish procedural and substantive protections to asylum seekers. This thesis examines certain features of the United States asylum system to which asylum seekers deflected under the Safe Third Country Agreement would be subjected, in order to determine whether, according to relevant Charter jurisprudence, deflection constitutes a deprivation of security of the person under section 7 of the Charter and whether such deprivation can be justified under section 1.
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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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Oduba, Victor. "Politics of asylum : sovereign considerations in the multilateral and humanitarian practices of refugee protection in post-apartheid South Africa." Thesis, Rhodes University, 2003. http://hdl.handle.net/10962/d1007725.
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Most scholars claim that international human rights norms embodied in formal international declarations and treaties have an important impact on domestic political interests and governmental practices. This reasoning about the impact of global human rights is often applied to the post-apartheid South African immigration and refugee policies. While I acknowledge that the ratification of United Nations Conventions on refugees has altered the traditional sovereignty considerations of South Africa towards asylum seekers, I take issue with the claims that South African refugee and asylum policies are primarily motivated and based on humanitarian considerations. Instead, I argue that these policies are based on sovereign considerations and strategic foreign policy interests. As a result this sovereign interests of South Africa to study has sought to demonstrate that largely explain decisions on the part accept or reject refugees. Although norms diffusion, international advocacy networks, and prestige factors have made a big impact, in practice the refugee policy has continued to reflect South Africa's strategic interests and domestic considerations at all levels. However, I have not argued that South Africa should overlook its national and foreign interests and abide by international human rights norms regardless of the cost of doing so. I have only sought to demonstrate that refugee protection is more when powerful national interests find it conducive to manage the destabilizing refugee flows.
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CERAN, Olga. "Cross-border child relocation : national law in a united Europe." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.
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Defence date: 17 March 2022Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
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Curraladas, Marilu Aparecida Dicher Vieira da Cunha Reimão. "Dignidade da pessoa humana e a (re) formulação do conceito de soberania estatal frente ao direito internacional dos refugiados: por uma cultura político-jurídica internacional de responsabilidade comum." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21002.
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The present research aims to reflect on the current scope of the concept of state sovereignty in relation to International Refugee Law and the possibility of pointing to the expansion and renewal of the means of protection offered by International Law as a necessary way to safeguard the person human being characterized by its intrinsic dignity, regardless of its State of origin or nationality. In order to do so, the analysis of the philosophical and juridical evolution of the concept of human dignity seeks to provide critical insights on the role played by international law in the face of the positivization of human rights and the philosophical basis of the dignity of the human person that permeates relations to defend the need to broaden the current scope of the concept of state sovereignty and, at the same time, limit its exercise, still based on an international society and its old paradigms. It is therefore proposed to establish a true international community, specifically with regard to refugees, to act in cooperation and with joint responsibility both in the reception of these people and in the search for and implementation of solutions of a global nature for this problem that affects the world as a whole. This sets the tone for the choice of theme and development of this research, since States, within the current international configuration, cannot be attributed the prerogative to evade this common responsibility under the claim of sovereignty. To that end, it is proposed to reformulate the conception of sovereignty of the State which, by adding the solid limit of respect for the dignity of the human person and establishing within the sphere of competence and responsibility of each State the first function of guardianship of human rights, has the necessary configuration that contemporaneity demands in the construction of the human person as an effective subject of law in the international scope
A presente pesquisa tem por escopo trazer uma reflexão acerca do atual alcance do conceito de soberania estatal frente ao Direito Internacional dos Refugiados e da possibilidade de se apontar para a expansão e renovação dos meios de proteção oferecidos pelo Direito Internacional como via necessária à salvaguarda da pessoa humana caracterizada por sua intrínseca dignidade, independentemente de seu Estado de origem ou nacionalidade. Para tanto, partindo da análise da evolução filosófica e jurídica do conceito de dignidade da pessoa humana, busca-se subsídios críticos acerca do papel desempenhado pelo Direito Internacional diante da positivação dos direitos humanos e da base filosófica da dignidade da pessoa humana que permeia as relações internacionais para se defender a necessidade de ampliar o atual alcance do conceito soberania estatal, e, concomitantemente, limitar o seu exercício, ainda baseado em uma sociedade internacional e seus antigos paradigmas. Propõem-se, assim, o estabelecimento de uma verdadeira comunidade internacional, especificamente no que diz respeito aos refugiados, a atuar em cooperação e com responsabilidade comum tanto no acolhimento dessas pessoas quanto na busca e efetivação de soluções de caráter global para essa problemática que afeta o mundo como um todo. Esta reflexão configura o mote para a escolha do tema e desenvolvimento desta pesquisa, uma vez que aos Estados, dentro da atual configuração internacional, não se pode atribuir a prerrogativa de se esvair dessa responsabilidade comum sob a alegação de exercício da soberania. Nesse intuito, propugna-se pela reformulação da concepção de soberania do Estado que, ao agregar o sólido limite do respeito à dignidade da pessoa humana e ao estabelecer dentro da esfera da competência e da responsabilidade de cada Estado a função primeira de tutela dos direitos humanos, passa a ter a necessária configuração que a contemporaneidade demanda na construção da pessoa humana como um efetivo sujeito de direito no âmbito internacional
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Barnwell, Garret Christopher. "An investigation into refuge trauma experiences in an ethnic Somali community in Port Elizabeth, South Africa." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1016061.
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The study aimed to explore and describe the forced migration experiences of Somali refugees living in Port Elizabeth, South Africa and the impact of refugee-specific trauma on this population. A mixed method triangulation research design with a quantitative weighting was employed and purposive snowball, non-probability sampling was used to construct a sample of 30 adult Somali refugees from Port Elizabeth’s Korsten community. Participants were included in the study if they fulfilled the pre-defined inclusion criteria of having successfully applied for refugee status, having resided in South Africa for at least six months and being 18 years or older. A semi-structured interview questionnaire was developed by the researcher to operationalise the constructs being measured. The questionnaire comprised a biographical and antecedent event(s) questionnaires as well as sections of the Harvard Trauma Questionnaire Revised Version. Data was then analysed via exploratory descriptive statistics and correlation coefficients. The research found that the majority of Somali refugees cited conflict, insecurity and instability as the mainn reasons for leaving their country of origin, suggesting the basic need for safety and security was unmet. One third of the sample reported that the main reason for leaving was the same as their most traumatic life event. The average participant had experienced 16 traumatic events and experienced 23 trauma symptoms on average, demonstrating high levels of trauma among the study population. The study recommends that the link between the main reason for forced migration and refugee trauma be explored.
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Dunn, Kimberlee Harper. "Germanic Women: Mundium and Property, 400-1000." Thesis, University of North Texas, 2006. https://digital.library.unt.edu/ark:/67531/metadc5378/.
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Abstract Many historians would like to discover a time of relative freedom, security and independence for women of the past. The Germanic era, from 400-1000 AD, was a time of stability, and security due to limitations the law placed upon the mundwald and the legal ability of women to possess property. The system of compensations that the Germans initiated in an effort to stop the blood feuds between Germanic families, served as a deterrent to men that might physically or sexually abuse women. The majority of the sources used in this work were the Germanic Codes generally dated from 498-1024 AD. Ancient Roman and Germanic sources provide background information about the individual tribes. Secondary sources provide a contrast to the ideas of this thesis, and information.
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Schelb, Simone-Ariane. "The Syrian Refugee Crisis and the European Union: A Case Study of Germany and Hungary." FIU Digital Commons, 2017. https://digitalcommons.fiu.edu/etd/3543.
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This thesis explores the impact of the Syrian refugee crisis on the Common European Asylum System. It evaluates the extent to which the European Union was able to implement a common asylum system, identifies discrepancies between different European countries, primarily Germany and Hungary, and briefly examines the roots of these differences. To this end, the structure of the international refugee protection regime and the German and Hungarian asylum systems are analyzed. Furthermore, the thesis explores how the governments of the two countries perceive the rights of refugees and how their views have affected their handling of the crisis. The case studies of Germany and Hungary have revealed that the treatment of Syrian refugees varies enormously within the EU. Hence, the implementation of the Common European Asylum System has not been achieved, which can be attributed to the deficiencies within the system and the growing ideological rifts within the EU.
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Matshakaile, Thabani Nkosiyapha. "Access to justice for non-citizens : a constitutional analysis." Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/86576.
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Thesis (LLM)--Stellenbosch University, 2014.ENGLISH ABSTRACT: The rights entrenched in the Bill of Rights in South Africa’s final Constitution are, with a few exceptions, guaranteed to citizens and non-citizens alike. South Africa has seen an influx of migrants, asylum seekers and refugees since 1994, and this migratory movement has posed significant challenges to the post-apartheid legal order. This thesis is concerned with the State’s implementation of its constitutional obligations to protect and guarantee the constitutional rights of everyone within the borders of South Africa. It is important that these constitutional obligations do not remain mere aspirations but should translate into reality. Most non-citizens living in South Africa face numerous barriers to accessing justice and the processes that could enable them to realise their rights. The thesis examines the concept of “access to justice” and investigates a number of obstacles encountered by different categories of non-citizens – such as refugees, asylum seekers and documented and undocumented migrants – in trying to access justice and to realise their rights. Against this background, arrest, detention and deportation under the Immigration Act and Refugees Act are examined because these processes have often been abused by State officials to prevent non-citizens from accessing the rights and protections guaranteed in these Acts and the Constitution, and to frustrate the implementation of court orders vindicating the rights of non-citizens. The application of the Immigration and Refugees Acts is discussed through the lens of sections 12(1), 33, 34 and 35(2) of the Constitution which ensure that arrest, detention and deportation are done in a lawful and procedurally fair manner, as opposed to the arbitrariness that most non-citizens experience on a daily basis. Secondly, the thesis also examines access to justice for non-citizens in the context of xenophobia and bias based crimes. The State has in the past failed to respond in a coordinated and timely fashion in the face of violent manifestations of xenophobia. Against this background, the State’s obligation to protect non-citizens from violence from either public or private sources in terms of section 12(1)(c) of the Constitution is discussed and analysed. The role, accessibility and effectiveness of Equality Courts are also examined in light of the Promotion of Equality and Prevention of Unfair Discrimination Act and the cases that were brought before them emanating from xenophobic incidents. The thesis concludes with proposals on areas which require better implementation of existing laws; and areas in which legislative reform is needed.
AFRIKAANSE OPSOMMING: Die regte wat in die Handves van Regte in Suid-Afrika se finale Grondwet veranker is, word op enkele uitsonderings na vir burgers en nie-burgers gewaarborg. Sedert 1994 het Suid- Afrika instroming van migrante, asielsoekers en vlugtelinge beleef, en hierdie verskuiwing het wesenlike uitdagings aan die post-apartheid regsorde gestel. Hierdie tesis is gemoeid met die Staat se implementering van sy grondwetlike verpligting om die grondwetlike regte van almal wat hul binne Suid-Afrika se landsgrense bevind, te beskerm en te waarborg. Dit is belangrik dat hierdie grondwetlike verpligtinge nie blote aspirasies bly nie, maar ’n werklikheid word. Die meeste nie-burgers wat in Suid-Afrika woon staar talle hindernisse in die gesig wat dit vir hulle moeilik maak om toegang tot geregtigheid te verkry en om hul regte te verwesenlik. Die tesis ondersoek die begrip “toegang tot geregtigheid” en bekyk aantal struikelblokke in die weg van verskillende kategorieë nie-burgers – soos vlugtelinge, asielsoekers en gedokumenteerde en nie-gedokumenteerde migrante – wat toegang tot geregtigheid probeer verkry en hul regte probeer verwesenlik. Teen hierdie agtergrond word arrestasie, aanhouding en deportering ingevolge die Wet op Immigrasie en die Wet op Vlugtelinge ondersoek, aangesien hierdie prosesse dikwels deur staatsamptenare misbruik word om nie-burgers te verhinder om toegang te verkry tot die regte en beskermings wat in hierdie wetgewing en in die Grondwet gewaarborg word, en om geregtelike bevele wat die regte van nie-burgers afdwing, te verydel. Die toepassing van die Wet op Immigrasie en die Wet op Vlugtelinge word deur die lens van artikels 12(1), 33, 34 en 35(2) van die Grondwet bespreek, wat probeer verseker dat arrestasie, aanhouding en deportering op regmatige en prosedureel billike manier geskied, in teenstelling met die willekeur wat nie-burgers op daaglikse basis ervaar. Tweedens ondersoek die tesis toegang tot geregtigheid vir nie-burgers in die konteks van vreemdelingehaat en misdade wat op vooroordeel gebaseer is. Die Staat het in die verlede in gebreke gebly om in die aangesig van gewelddadige manifesterings van vreemdelingehaat op gekoördineerde en tydige manier te reageer. Die Staat se verpligting om ingevolge artikel 12(1)(c) van die Grondwet nie-burgers teen geweld van hetsy openbare hetsy private oorsprong te beskerm, word bespreek en ontleed. Die rol, toeganklikheid en doeltreffendheid van gelykheidshowe word ook bespreek in die lig van die Promotion of Equality and Prevention of Unfair Discrimination Act en die sake wat deur hierdie howe beslis is wat uit xenofobiese voorvalle voortspruit. Die tesis sluit af met voorstelle oor terreine waar beter implementering van bestaande wetgewing benodig word, asook terreine waar wetgewende hervorming verlang word.
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SOLAR, Natascha. "The emerging European asylum policy and its effects on the legal position of asylum-seekers." Doctoral thesis, 1999. http://hdl.handle.net/1814/5633.
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TOWLE, Simon. "The development of a policy on asylum for the European Community : in the context of the completion of the internal market." Doctoral thesis, 1992. http://hdl.handle.net/1814/4806.
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Difford, Crystal. "International refugee law in Europe and the temporary relocation scheme : on durable solutions for the refugee child during the refugee crisis." Diss., 2017. http://hdl.handle.net/10500/23832.
Full textAbstract:
This study explores the international obligations of the European Union to the unaccompanied asylum-seeking and refugee child. In doing so, it involves an investigation into the concept and content of durable solutions for the refugee child. As such, it analyses the effect of the temporary European relocation scheme in the search for durable solutions. To that end, it engages a comprehensive explanation of the relevant refugee law, the law of the rights of the child and the European legislative framework governing the reception and protection of refugees. Cumulatively, an assessment is made as to the effectiveness of the durable solutions that currently exist. This study seeks to establish whether, in an attempt to relieve the pressure from the frontline member states by creating a system for effective integration, Europe encourages the development of a children’s rights perspective and ultimately, provides a path for the unaccompanied child’s development and self-fulfilment.Public, Constitutional and International Law
LL. M.
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SCHWAIGHOFER, Christoph. "Some legal aspects of the refugee in orbit problem." Doctoral thesis, 1988. http://hdl.handle.net/1814/5625.
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Simm, Gabrielle Anne. "Exotic others : gender and refugee law in Canada, Australia and the United States." Thesis, 2005. http://hdl.handle.net/2429/16718.
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In this thesis I argue that race, culture and imperialism intersect with gender at the site
of refugee law to produce 'racialized and exotic others.' These exotic others are
refugee women whose differences from refugee decision makers in destination
countries are made crucial to their refugee claims by refugee lawyers, decision
makers and the system of refugee determination. I use a comparative methodology to
examine the gender guidelines for refugee decision makers and selected key cases
from Canada, the United States and Australia.
The gender guidelines represent a human rights approach to refugee law. I critique the
guidelines and relevant cases from an anti-essential ist perspective informed by
postcolonial, feminist and critical race theory. My discussion is organized by
contrasting 'exotic harms,' transgression of social mores and female genital cutting,
with treatment of 'familiar harms', domestic violence and sexual assault. I aim to
show how the distinctions between the exotic and the familiar are founded on
orientalist notions about other women in other places. I seek to suggest strategies for
refugee advocates, decision makers and academic lawyers to avoid perpetuating
orientalist notions of other countries and other cultures. I conclude, however, that
refugee law is a limited project whose solutions to the problems faced by refugee
claimants can only ever be incomplete.Law, Peter A. Allard School of
Graduate
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NATHWANI, Niraj. "Rethinking the refugee concept : an inquiry into the purpose of refugee law." Doctoral thesis, 1999. http://hdl.handle.net/1814/4723.
Full textAbstract:
Defence date: 16 April 1999Examining board: Philip Alston ; Massimo La Torre ; Guy S. Goodwin-Gill ; Jens Vedsted-Hansen
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Refugee law faces a serious crisis in Europe. This crisis highlights the need to explain the following questions: What is the relationship between refugee law and immigration policy? How much immigration do States need to tolerate for moral and practical reasons even if they do not wish any immigration? The general legal principle of necessity offers a useful theoretical basis for refugee law. Necessity explains the conditions under which it would be unfair to fight off unwanted immigrants by deportation and punishment. Necessity also explains the conditions under which a restrictive immigration policy is not feasible at a reasonable cost versus desperate individuals. It follows that necessity overrules a restrictive immigration policy and qualifies as a robust explanation of the purpose of a fair refugee policy.This study explores the consequences of the theory of necessity for the interpretation of key concepts of refugee law (persecution, well-founded fear, reasons of persecution, asylum) and concludes that a generous refugee practice can be conceived and logically justified even if a restrictive immigration policy is a political reality.
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MORK, Hege. "New approaches after the end of the cold war, with emphasis on the "right to remain"." Doctoral thesis, 1996. http://hdl.handle.net/1814/5463.
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HUSAIN, Mishal. "Reformulating temporary refuge : lessons from the Yugoslav refugee crisis." Doctoral thesis, 1996. http://hdl.handle.net/1814/5530.
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ACHERMANN, Alberto. "Die völkerrechtliche Verantwortlichkeit fluechtlinge-verursachender Staaten." Doctoral thesis, 1993. http://hdl.handle.net/1814/5590.
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MAERTENS, Matthias. "The possibilities for the enforcement of human rights at the crossroads between law and politics : the refugees." Doctoral thesis, 1990. http://hdl.handle.net/1814/5603.
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SILSKA, Magdalena. "The state of internal displacement : in search of protection for internally displaced persons." Doctoral thesis, 2014. http://hdl.handle.net/1814/32101.
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Defence date: 7 July 2014Examining Board: Professor Francesco Francioni, European University Institute (Supervisor) Professor Nehal Bhuta, European University Institute Professor Władysław Czapliński, Polish Academy of Sciences Professor Federico Lenzerini, University of Siena.
Internal displacement is one of the most pressing humanitarian, human rights and security problems faced today by the international community. As a rapidly increasing phenomenon, internal displacement is putting intense pressure on international law and its capacity for adaptation to new realities and challenge. The present thesis aims at examining the phenomenon of internal displacement and concentrates in particular on the legal and institutional framework and measures guaranteeing protection for internally displaced populations worldwide. Toward this goal, I assess the role of international law and try to ascertain which legal norms are applicable to protect internally displaced persons. As a second step, I analyze the question of responsibility for the protection of internally displaced persons, i.e. whether this lies with the state of origin through its national law, or rather with the international community and the provisions of international law. Further, I discuss the activities and actions of the international and regional organisations, i.e. the European Union and relevant bodies of the United Nations, and their contribution to the protection of internally displaced persons. Although the protection of internally displaced should be based in law, it requires institutional mechanisms and actors to give it practical effect. While concluding and identifying the existing gaps in legislation and institutional framework, I demonstrate that internally displaced persons should become the objects of a specific system of law and protection. At the same time, I hope to contribute to the contemporary debate promoting efforts to strengthen the protection of internally displaced persons and to disseminate knowledge about this vulnerable group.
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Okumu, Serah Esendi. "The UN Refugee Convention cessation clause and its application to Rwandan refugees based in Kenya." Thesis, 2013. http://hdl.handle.net/10413/11002.
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Kenya like many other countries offers asylum to refugees in fulfillment of the provisions of the 1951 UN Refugee Convention as well as the 1969 OAU Refugee Convention. The country, with the assistance of UNHCR, confers refugee status on refugees who meet the qualifications stated by the two treaties as well as the Refugee Act 2006. Rwandan refugees make up part of the refugee community in Kenya.
Though refugee status was created to enhance refugee protection in countries of asylum, it was never intended to last a lifetime. The United Nations envisioned an end to refugee status when the reasons for flight as well as persecution no longer continued to exist. The cessation clause marks the end of refugee status and thus facilitates re-establishment in the country of origin. This study endeavours to explore the impact that the cessation clause will have on Rwandan refugees residing in Kenya specifically based on the widespread concern about the human rights situation in Rwanda.
There is accordingly a need to explore the nature of the cessation clause, the reasons for its creation and further the qualifications entailed in its application. After understanding what the cessation clause is, there is the need to understand the genesis of Rwandan refugees. This will enhance the understanding of why Rwandan refugees continue to reside in Kenya even after the end of the Rwandan conflict. The study will then expound on the reasons for and against invocation of a cessation clause to provide an analysis of whether the country is indeed safe for return. To enhance this analysis, the study will provide a comparative study with Liberia and Angola, which recently implemented cessation clauses. Through this comparative assessment, the study will seek to ascertain the viability of the concerns raised in reference to Rwanda and further speculate on the outcome of the cessation clause pertaining to the concerns raised. This study will therefore be able to advise on whether the cessation clause applies to Rwandan refugees and thereafter offer recommendations as to whether implementation in the Rwandan context is feasible. It will also endeavor to provide an analysis of whether there is a need to amend the invocation procedure with regard to cessation clauses in general.Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.
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JÖRGENS, Frédéric. "The individual, the couple and the family: Social and legal recognition of same-sex partnerships in Europe." Doctoral thesis, 2007. http://hdl.handle.net/1814/7042.
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Defence date: 8 June 2007Examining board: Prof. Peter Wagner, Supervisor, EUI ; Prof. Donatella Della Porta, EUI ; Prof. Eric Fassin, Ecole Normale Supérieure, Paris ; Prof. Jeffrey Weeks, University of the South Bank, London
First made available online 25 June 2015.
This study analyzes the role of social and legal transformations regarding homosexuality in the construction of gay and lesbian identities. In this respect, the recognition of same-sex couples constitutes a fundamental element of a changing social environment in the contemporary European context and as a phenomenon stands at the centre of the inquiry. The interest in the functions of the law in identity construction explains the topical focus on legal changes. Qualitative research methods are combined with a theoretical inquiry into notions of recognition and identity. Fifty in-depth interviews have been conducted in France, Germany, Italy and the UK. The fieldwork focuses on a metropolitan lesbian and gay bar milieu: respondents were approached in bars and cafés in Berlin, London, Paris, and Rome. This fieldwork and the discourses and narratives that stem from it constitute the main empirical source of the project. The notion of identity management (Goffman), a critical theory approach to recognition (Honneth) and a social theory approach to the individual and social change (Kaufmann) feed into the research project from the outset and are in tum informed by it. What does it mean for lesbians and gays to experience the current debates on same-sex marriage and partnership laws? How, if at all, do the normative changes in their social environments affect their life plans, the understanding of their own lives, and the expression of homosexuality in public settings? How can the researcher link the very personal level of individual lives to the macro-level of normative change in society at large and in the legal and political realm?
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Burley, Jennifer 1938. "Equal before the law? : the case of Vietnamese refugees in South Australia / Jennifer A. Burley." Thesis, 1996. http://hdl.handle.net/2440/18754.
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Burley, Jennifer 1938. "Equal before the law? : the case of Vietnamese refugees in South Australia / Jennifer A. Burley." 1996. http://hdl.handle.net/2440/18754.
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Bibliography: leaves 309-330.x, 330 leaves : map ; 30 cm.
Title page, contents and abstract only. The complete thesis in print form is available from the University Library.
Thesis (Ph.D.)--University of Adelaide, Dept. of Politics, 1996
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STAIANO, Fulvia. "Family life and employment of immigrant women in the European legal space : gender bias of legal norms and the transformative potential of fundamental rights." Doctoral thesis, 2014. http://hdl.handle.net/1814/33452.
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Defence date: 20 October 2014Examining Board: Professor Ruth Rubio Marín, European University Institute (Supervisor); Professor Bruno De Witte, Maastricht University and European University Institute; Professor Massimo Iovane, Università degli Studi di Napoli Federico II; Professor Siobhán Mullally, University College Cork.
This thesis starts from the consideration that law, mainly but not exclusively immigration law, can disproportionally and negatively affect immigrant women's enjoyment of their rights in conditions of equality with both immigrant men and citizen women. These perverse effects are equally evident in the fields of family life and in that of employment. In the light of this observation, the aim of this thesis is twofold. On the one hand, it seeks to verify the presence of such gendered shortcomings in apparently neutral norms applicable to immigrant women in the European legal space, both at European and domestic level. On the other hand, and most importantly, it aims to verify the transformative potential of human and fundamental rights law in this area, exploring the beneficial effects as well as the defects of this source per se and in its judicial application vis-à-vis biased norms applicable to immigrant women. In order to pursue this objective, this thesis explores three different levels of protection and enforcement of immigrant women's human and fundamental rights in the European legal space. Chapter 1 is devoted to the human rights framework established by the Council of Europe, with a special focus on the European Convention on Human Rights. Chapter 2 discusses European fundamental rights law, with main reference to the Charter of Fundamental Rights and Freedoms of the European Union. In Chapters 3 and 4 the national case studies of Italy and Spain will be analysed respectively, with reference to the multi-level system of fundamental rights protection in force in their legal orders.
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Lokhorst, Augusta Louise. "Through the eyes of Convention Refugee claimants : the social organization of a refugee determination system." Thesis, 2003. http://hdl.handle.net/2429/14289.
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The social organization of Canada's inland refugee determination system is explored in
this institutional ethnographic study. First listening to refugee claimants' experience from their
vantagepoint on the margins of society, the research then explicates the complementary social
relations of the refugee determination system in order to examine the contributing social
organization and underlying ideology of the politico-administrative system.
Three adult, English-speaking single Nigerian men, seeking Convention refugee status or
permanent resident status, were interviewed. Phenomenological methods were utilized to analyze
the data. An initial explication of the social relations of the system was conducted through the
observation of refugee determination hearings and interviews with knowledgeable informants.
Through these interviews and textual analysis, ideology at the politico-administrative level was
explored.
The findings reveal a contradiction between refugees' expectations based on Canada's
international reputation in refugee protection and support of democratic rights, and their
reception in Canada. Refugee claimants spoke of their dual experience as characterized by
exclusion and marginalization from Canadian society at the very time that they needed to
reconstruct their sense of self and adapt; of being held suspect as 'criminals' and 'illegals' by the
refugee determination system until proven 'genuine'. Inclusion depended on success in the
socially, culturally, and politically constructed Canadian refugee determination system; a process
that was foreign to them. Comprehension and successful participation in this process depended in
part on the support, resources, and information they accessed during their initial settlement
period.
The organization of the refugee determination system with a focus on the Immigration
and Refugee Board (IRB) revealed complex independent decision-making in a highly
decentralized, but hierarchical and non-transparent administrative system. Inconsistencies in
decision making and in the degree to which refugees had the opportunity to relate their
experience in refugee determination hearings were articulated and observed. Aspects of the
system such as selection of members, institutional culture, independence of the IRB, and
discourse on refugees in the Canadian media and society were indicators of how the social
relations of the system were organized by an underlying ideology. Implications for the profession
of social work and for social change were examined.
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AFZAL, Mehreen. "The politics of gate-keeping : revisiting the concept of "effective protection" in international refugee law." Doctoral thesis, 2006. http://hdl.handle.net/1814/6373.
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Defence date: 21 October 2006Examining board: Prof. Neil Walker (supervisor) ; Prof. Wojciech Sadurski, EUI ; Prof. Colin Harvey, Queens University, Belfast (external supervisor) ; Dr Jef P.A. Huysmans, Open University, Milton Keynes
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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Ramoroka, Veronica. "The determination of refugee status in South Africa : a human rights perspective." Diss., 2014. http://hdl.handle.net/10500/13850.
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The South African Refugees Act1 makes a distinction between an asylum seeker and a refugee. The Act defines an asylum seeker as “a person who is seeking recognition as a refugee in the Republic”. A refugee on the other hand, is a person “who has been granted asylum” in the Republic.2 The legal position in South Africa is that before a person is recognized as a refugee, he or she is protected by the Bill of Rights to a certain extent. In the case of Lawyers for Human Rights v Minister of Home Affairs the Constitutional court confirmed that the protection afforded by the Bill of Rights applies to everyone, including illegal foreigners and asylum seekers.3 This means that asylum seekers and refugees are entitled to most of the rights in the Constitution except those specifically reserved for citizens. Practically though, a refugee enjoys more rights than an asylum seeker. It is therefore in the interest of asylum seekers to have their status as refugees determined.
The process of applying for refugee status can be a challenge for those seeking refuge in the Republic of South Africa. For applicants coming from non-English speaking countries, language barrier can also present its own challenges. In terms of the Refugees Act, the first application is to the Refugee Reception Officer at the refugee reception office. The application must be made in person.4 When an asylum seeker is deemed fit to qualify for asylum, he or she will be issued with a permit in terms of section 22 of the Refugees Act. The permit allows the asylum seeker to temporarily reside in South Africa until the finalisation of the asylum claim. This permit does not mean that the asylum seeker is already recognised as a refugee. The permit is an indication that the asylum seeker’s application as a refugee is not yet finalised. The application is considered finalised when it has gone through the hearing before the Status Determination Officer and any review or appeal following from that decision.
It is the Refugee Status Determination Officer who will grant asylum or reject the application.5 For people applying for refugee status, the determination by the Status Determination Officer may in itself mark the beginning of the process to be repatriated back to the country they were running away from in the first place. An aggrieved applicant can also apply to have the adverse decision reviewed or even lodge an appeal in accordance with the provisions of the Refugees Act.6 For as long as the application is still pending, the government cannot deport any asylum seeker.
An asylum seeker who enters the Republic of South Africa, either through a port of entry or illegally faces many challenges before he or she could reach a refugee reception office. Those who come in through a port of entry face being turned away by Immigration Officers due to lack of documentation. Often, asylum seekers find it hard to reach the refugee reception offices as there is no co-operation between the Immigration Officers, the South African Police Service and the functionaries in the refugee reception offices. To make things worse, the Immigration Amendment Act has reduced the days from fourteen to five, for asylum seekers without valid documentations to reach any refugee reception office. Since refugee reception offices are located only in five cities in the country, these have conditioned asylum seekers and refugees to stay and make their living in those cities as they are required to make frequent renewal of their permit. The closure of some of the refugee reception offices like the Johannesburg refugee reception office has caused a major concern to asylum seekers and refugees. This persistent closure of refugee reception offices may be seen as a further persecution in the eyes of asylum seekers and refugees.
The inability of the different functionaries to differentiate between asylum seekers and economic migrants adds to the problem concerning the process of refugee status determination. Instead of seeking to identify people in need of protection from persecution or events seriously disturbing public order, the process is used as an immigration control and this causes more people to be turned away or returned to countries where their lives may be at risk. The communication between the asylum seeker and all the functionaries of the Department of Home Affairs is very important. The lack of professional interpretation functionaries to help asylum seekers who need interpretation contributes to the problems asylum seekers face. Often, asylum seekers have to provide their own interpreters if the Department is unable to do so. The purpose of the study is to investigate the status determination process from a South African perspective and to make recommendations which will try to resolve the problem(s) identified.Public, Constitutional, & International
LLM
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Nofil, Brianna. "Detention Power: Jails, Camps, and the Origins of Immigrant Incarceration, 1900-2002." Thesis, 2020. https://doi.org/10.7916/d8-shd7-6m38.
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“Detention Power” asks how immigrant incarceration became a critical tool in constructing American sovereignty, and how the federal government convinced local governments, businesses, and communities to become collaborators in immigration policing. It illustrates how the U.S. immigration service built both ideological and economic relationships with municipalities, enabling the federal government to jail thousands of migrants awaiting hearings and deportations long before the advent of federal immigration detention centers in 1980. As early as 1900, the immigration service relied on an expansive system of contracts with county sheriffs to “board out” immigrants in county jails. Towns capitalized on these contracts by expanding their jails and, in some cases, building separate “migrant jails” to secure federal detainees, effectively transforming incarcerated migrants into local commodities. I trace the immigration service’s use of jails from the era of Chinese Exclusion to the era of ICE, looking to rural communities throughout the country that became the unlikely hubs of incarceration for immigrants and refugees from Asia, Latin America, the Caribbean, and beyond. This work challenges the historiography which has identified immigration detention as a product of the Cold War era, influenced by the law-and-order movement of the late twentieth century. It is among the first work to center the role of local politics in the rise of the deportation state, arguing that though immigration regulation was a federal responsibility, deportations were impossible to carry out without local cooperation and local jails.
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Do, Thuy Anh Thi. "Framing asylum in Australia and Canada : discourse and resonance in contentious politics." Phd thesis, 2009. http://hdl.handle.net/1885/173567.
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Wurtz, Heather Marie. "The Paradoxes of Im/mobility in Central American Transit Migration in Mexico." Thesis, 2021. https://doi.org/10.7916/d8-ycyf-az42.
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This study examines the various ways that Central American migrants traversing Mexico’s southern border interpret, negotiate, and resist conditions of immobilization imposed by state refugee policy and other institutional impediments to northbound movement. My findings are informed by 12 months of ethnographic fieldwork in Tapachula, Chiapas, followed by an additional six, non-consecutive weeks in various sites of transit across Mexico as a Human Rights Observer in the migrant caravans of 2017 and 2018.
Since 2011, as a result of increasing rates of violence, flows of Central American women, youth, and families across Mexico’s southern border have risen substantially. In efforts to curb northbound movement, the US has exerted significant pressure for the Mexican government to assume a greater role in the retention, organization, and deterrence of prospective refugee populations, resulting in the temporary resettlement along the southern border of thousands of migrants seeking international protection. Many of these migrants find themselves in a liminal space of legal and social uncertainty in which they must contend with a range of limitations and distinct possibilities as they consider their ongoing trajectories.
Through close attention to the social worlds that emerge around and within migrants’ transit communities, I explore central themes related to the existentiality of im/mobility, gendered experiences of transit migration, the paradoxes of institutional practices of refugee protection within predominant transit zones, and diverse forms of resilience and coping that are given breadth through collective travel. Ultimately, I argue that it is critical to explore the narratives and lived realities of those most affected by migration-centered policy and discourse, and to recognize the critical role that migrants play in challenging and reimagining the terms of their in/exclusion.
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BAGSHAW, Simon. "Softly, softly : developing a normative framework for internally displaced persons and its implications for the human rights law-making process." Doctoral thesis, 2002. http://hdl.handle.net/1814/4551.
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GUERRERO, Marion. "Lawyering for LGBT rights in Europe : the emancipatory potential of strategic litigation at the CJEU and the ECtHR." Doctoral thesis, 2018. http://hdl.handle.net/1814/60246.
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Defence date: 17 December 2018Examining Board: Professor Claire Kilpatrick, EUI (EUI Supervisor); Professor Ruth Rubio, EUI; Professor Kees Waaldijk, Leiden University; Professor Iyiola Solanke, University of Leeds
In Europe, the decisions of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) develop influence that transcends the particular case at hand. While this development has been criticised by progressive scholars, this thesis argues that it also enables civil society to participate in judicial decision making processes. In the context of Lesbian, Gay, Bi and Transgender (LGBT) rights, this thesis investigates whether "strategic litigation" before the European High Courts can be a feasible and emancipatory endeavor. The concept of "strategic litigation" - developing long-term litigation strategies in order to induce legal, social and/or political reform - is based on the recognition that adjudication is, to a large extent, a political process. To this end, strategic litigation as a (political) strategy is introduced and positioned within legal theory and the literature on "cause lawyering." Within Europe, this thesis focuses on the ECtHR and the CJEU as potential fora for strategic litigation. In order to assess their case law from an activist point of view, a "strategic litigation opportunities" framework is designed. This framework both illuminates indicators for activist intervention, and highlights the agency of LGBT rights advocates in litigation. By doing so, it challenges the view of adjudication as a purely “top-down” process. Lastly, a case study on the US LGBT rights movement, and the effective strategic litigation on (same-sex) marriage equality it has engaged in, serves as an example for the successful application of a long-term cause lawyering approach. Ultimately, this thesis will conclude that strategic LGBT rights litigation at the European High Courts can, indeed, be a feasible and emancipatory endeavour, by establishing: 1) European High Courts exert quasi-legislative power. 2) European High Courts provide procedural spaces for activist LGBT rights lawyers. 3) The European High Courts’ case law can be analysed and utilised in a progressive LGBT-rights enhancing way.
One Chapter of the PhD thesis draws upon an earlier version published as an article 'Jenseits der Kernfamilie 'funktionale Elternschaft', eine progressive Alternative aus den USA' (2010) in the journal ‘Juridikum
One chapter of the PhD thesis draws upon an earlier version published as chapter 'Activating the courtroom for same-sex family rights : windows of opportunity for strategic litigation before the European Court of human rights (ECtHR)' (2014) in the book ‘Rights on the move : rainbow families in Europe : proceedings of the conference : Trento, 16-17 October 2014’
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Mathebula, Dingaan Willem. "South African legal aspect for voluntary repatriation of refugees." Diss., 2015. http://hdl.handle.net/10500/19916.
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The dissertation investigates South Africa’s legal aspects pertaining to voluntary repatriation of refugees. The repatriation of Mozambican and Angolan refugees was referred to in order to examine the loopholes in the process of repatriating them. This study moreover examines whether the application of the cessation clause is in contravention of the principle of non-refoulement, which is intrinsically the cornerstone for voluntariness of repatriation. The analysis of international, regional and South Africa’s refugee protection framework demonstrates that South Africa affords refugees the protection required by international law. This has been compared with states’ practice and case law with regards to refugee protection in countries including Canada and the United Kingdom. Although South Africa, Canada and the United Kingdom have comprehensive legal framework governing refugees’ protection, refugees’ rights have been violated on numerous occasions. The dissertation consequently concludes that notwithstanding the presence of international, regional and domestic legislations, the rights of refugees are violated due to their vulnerability and the repatriation process ignores the principle of voluntariness on several occasions.Public, Constitutional, and International Law
LLM
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Al, Imran Hassan F. "Interception of refugees at sea and international law : a Rohingya perspective." Thesis, 2020. http://hdl.handle.net/1959.7/uws:59860.
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Despite the development of international law, the interception of refugee boats, the turning back of boats to sea and the refusal of disembarkation of refugee boats are common practices around the world. Party states to the Refugee Convention, for instance, Australia and the United States, adopt various laws and policies to deter refugee boats from their coasts, which challenges the refugee protection regime at sea. On the other side, the South East Asian countries, that are the focus of this thesis, are non-party states to the Refugee Convention and there is no particular law and policy for the refugees in the region. Thus, the lack of refugee protection mechanism poses further challenges in South East Asia. The international, regional and domestic legal regime has significantly progressed to provide refugee protection, but the question remains open: is the current legal regime adequate to protect the boat refugees, those who arrive by sea? This thesis explores this question and provides a case study by focusing on the Rohingya boat refugees of South East Asia. This thesis examines the current refugee protection framework for seaborne refugees, and focuses in particular on the principle of non-refoulement and the international law of the sea. It examines how the parties of the Refugee Convention are dealing with the boat refugees, and as a comparative research it also investigates how non-party states to the Convention are dealing with the boat refugees. This thesis evaluates the existing legal protection mechanisms and explores the challenges and gaps in the protection regime for refugees who arrive by boats through sea routes, specially to the non-party states of the 1951 Refugee Convention in South East Asia. By analysing the shortcomings of the protection regime and the opportunities for the boat refugees of South East Asia, this thesis concludes that adoption of a regional framework would be a way of protection for the boat refugees.
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Mubanga, Christopher Kapangalwendo. "Protecting Eritrean refugees' access to basic human rights in Ethiopia: an analysis of Ethiopian refugee law." Diss., 2017. http://hdl.handle.net/10500/23205.
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Eritrean refugees are compelled to flee their country mainly to avoid forced conscription into indefinite military service, arbitrary arrest and detention for prolonged periods without trial. The majority of Eritrean refugees are young people, who leave their country in search of a better life and sources of livelihoods. The mass migration of Eritrean refugees has started to have adverse effects on the country’s socio-economic landscape. The main destination and country of refuge for the majority of Eritrean refugees is Ethiopia.
Although no serious violations of human rights have been reported among Eritrean refugees living in Ethiopia, it a well-known fact that the Ethiopian Government has not fully extended the internationally accepted rights of those who have been forced to flee their own states, to refugees. For example, freedom of movement for refugees is restricted, which is obviously compounded by the encampment policy, which requires that all refugees should be confined to designated refugee camps. This situation seriously undermines the UNHCR’s efforts to enhance refugees’ self-reliance, independence, and chances of local integration.
There has not been much research undertaken regarding the Ethiopian Government’s legal framework on refugees and its impact on the protection of the rights of refugees. In 2014, Ethiopia hosted the largest number of refugees in Africa. This phenomenon was largely attributed to the Ethiopian Government’s ‘open door’ policy towards refugees. The present study is an attempt to critically examine Ethiopian refugee law and determine the extent to which the national laws protect the rights of refugees. Although the study is limited in scope to the situation of Eritrean refugees, the principles and standards of treatment discussed apply to all refugees living in Ethiopia.Public, Constitutional and International Law
LL. M.
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RINGELHEIM, Julie. "Diversité culturelle et droits de l'homme : l'émergence de la problématique des minorités dans le droit de la Convention européenne des droits de l'homme." Doctoral thesis, 2005. http://hdl.handle.net/1814/4760.
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Defence date: 16 September 2005Examining Board: Prof. Philip Alston (Supervisor, European University Institute) ; Prof. Bruno de Witte (European University Institute) ; Prof. Olivier De Schutter (Co-Supervisor, Université catholique de Louvain) ; Prof. Hélène Ruiz-Fabri (Université Paris I-Panthéon Sorbonne)
First made available online 30 March 2017
La diversité culturelle croissante des sociétés européennes et les tensions qu'elle engendre sont au cœur d'importants débats contemporains. Dans le champ juridique, ces débats se cristallisent autour de la notion de protection des minorités ethniques, religieuses ou linguistiques. Ce livre propose une analyse de la contribution de la Convention européenne des droits de l'homme à la protection de ces minorités. La Convention ne contient pas de disposition spécifique relative aux droits des personnes appartenant à des minorités. L'ouvrage montre cependant, à travers un examen critique de la jurisprudence de la Cour européenne des droits de l'homme, comment les droits individuels classiques, garantis par la Convention, permettent d'assurer le respect et la protection des identités minoritaires. Encore faut-il que ces droits soient interprétés de manière dynamique, à la lumière des principes sur lesquels la Convention se fonde, à savoir les notions de liberté, d'égalité et de société démocratique. La délicate question des limites du respect dû aux spécificités culturelles est également abordée. Pour éclairer les problèmes théoriques soulevés par la jurisprudence de la Cour, l'analyse prend en compte les débats menés en philosophie politique sur le thème du multiculturalisme et de la conciliation des différences dans une société démocratique.
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Thornton, Fanny. "Climate change, human displacement, international law and justice." Phd thesis, 2014. http://hdl.handle.net/1885/156308.
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The thesis investigates how a justice framework is relevant to analysis of the role of international law in relation to climate change-induced human displacement. In particular, through the application of a justice framework, questions of responsibility will be explored. It will be argued that such a lens alters conceptualisations of the role international law may play, or should play, in relation to the phenomenon. Specific justice theories selected are corrective and distributive justice, which will be explored in a substantial theoretical chapter forming the analytical backbone of the thesis. The theories then inform the more contextualised analysis about the role of international law in relation to climate change-induced displacement. Corrective justice permits analysis of whether climate change-induced displacement, or the livelihood impacts that precede it, could be conceived as (wrongful) damage or harm which is compensable under international law, either through fault-based regimes or no-fault regimes (i.e. insurance). Distributive justice permits analysis of whether climate change-induced displacement could potentially be framed as an undeserved and disproportionate burden which stipulates international action to rebalance it, through distributing either costs or burdens. The thesis hopes to contribute to the growing scholarship concerning international law and climate change-induced displacement by investigating the bounds of the law where the phenomenon is viewed as one of responsibility and of justice.
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Ratnasingham, Christine. "Australian quasi refugees and international refugee law : abetment or abdication?" Phd thesis, 2009. http://hdl.handle.net/1885/149981.
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ANIŠIĆ, Maša. "Innovative aspects of the UN convention on the rights of persons with disabilities." Doctoral thesis, 2013. http://hdl.handle.net/1814/28025.
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Award date: 20 June 2013Supervisor: Dr. Claire Kilpatrick, European University Institute.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis examines the innovations introduced by the United Nations Convention on the Rights of Persons with Disabilities in the international human rights arena. It addresses three separate aspects of the Convention, i.e., its drafting process, its general and substantive provisions, and its provisions on implementation and monitoring. The main focus of the thesis is on the innovative mechanisms for stronger social rights realisation found within the general and substantive provisions of the Convention. The thesis argues that the Convention’s innovative use of nondiscrimination, equality, and social participation mechanisms presents a new tool that moves social rights closer to civil rights and consequently provides an effective framework for their stronger realisation. The drafting process and the implementation provisions are analysed to the extent to which they relate to the stronger social rights realisation. The thesis argues that the innovations in the drafting process affected the experimental nature of the Convention’s content and explores the future implications of stakeholder participation in the Convention’s drafting process by comparing it to the drafting of other relevant international treaties. The innovations within the implementation and monitoring provisions are relevant to the fostering of social rights, since these provisions are tasked with transforming the Convention’s text into an actual lever of change. The thesis identifies the problems currently faced by the treaty bodies, and provides an overview of the CRPD’s mechanisms to address such problems. The thesis aims to determine whether these innovations are CRPD specific, or part of a broader trend in international human rights law and to offer some concluding remarks on the Convention’s innovative mechanisms, particularly where they relate to fostering the stronger realisation of social rights and their potential to produce effects beyond the scope of disability law.