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1
Hortsing, Zosia Mira. "Roma refugees : international refugee protection and Europe's 'internal outsiders'". Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/28121.
Testo completoAbstract (sommario):
The paper is concerned with the position of Roma refugees within the
international refugee protection system, and how they face exclusion from asylum
in an international context in which migration is represented as a threat to state
sovereignty. Specifically, the paper argues that, because of their status both as Roma
and as refugees, Roma refugees are represented and treated by states as a double
threat to the territorial state order. As a result, they are subject to a unique logic of
double exclusion that limits their ability to seek and obtain refugee protection after
fleeing persecution in their home states. This exclusion operates at three distinct
levels in the international system: within the European Union (EU), harmonized
asylum policy among member states prevents Roma refugees from Europe from
accessing refugee protection in other EU countries; in non‐European destination
countries, states use interdiction measures to prevent refugees from arriving on
state territory; and in the refugee determination process itself, some decisionmakers
use stereotyping, racial profiling and problematic assessments of ethnicity
to unnecessarily reject certain Roma claims. These three levels of exclusion operate
simultaneously to limit Roma refugees’ chances of being granted refugee protection
under the current system. Furthermore, these mechanisms of exclusion are often
framed by a discourse that de-legitimizes Roma refugee claims and portrays these
refugees as ‘bogus’ claimants or ‘illegal migrants’ out to take advantage of liberal
refugee policy, rather than people potentially fleeing persecution and seeking
surrogate protection under international law.
2
Clarin, Malin. "Climate refugees, refugees or under own protection? : A comparative study between climate refugees and refugees embraced by the United Nations Refugee Convention". Thesis, Karlstads universitet, Fakulteten för samhälls- och livsvetenskaper, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-7685.
Testo completoAbstract (sommario):
Global warming is a current topic on the international agenda. The rise of temperature in the atmosphere threatens populations living on island, deltas and coastal areas, and people living nearby the Arctic and areas covered by permafrost are threatened. In turn this leads to the people in these areas being projected to be homeless or displaced due to climate change and the rising numbers of natural disasters. Those people are what you can label as climate refugees. According to IOM and Brown (2001) climate refugees are persons who for compelling reasons of change in the environment which change their living conditions have to escape their homes, either within their country or abroad.The United Nations Refugee Convention is the binding legislation followed by 147 (in 2008) of the UN member states. Either the UN Refugee Convention or any other international law recognizes climate refugees, and those people are due to that not granted any legal status. Who will protect these people when they have to escape their homes? This paper aims to explore what distinguish climate refugees from the refugees embraced by the UN Refugee Convention by a comparative literature review, for in this way be able to recognize the assumptions that make the United Nations to not classify climate refugees with refugee status. Both groups of refugees has in common that they live under the pressured decision they have to make as they flee their native homes to ensure their own and their families survival according to Grove (2006).In the long run both climate refugees and the UN Refugee Convention embraced refugees face the same traumatic experiences escaping their homes and have due to that the similar right to get the same mental help and be protected under international law. But populations facing the effects of global warming do not want to leave their land and believe it is an issue of human rights.
3
Jacobsen, Malene H. "UNSETTLING REFUGE: SYRIAN REFUGEES’ ACCOUNT OF LIFE IN DENMARK". UKnowledge, 2019. https://uknowledge.uky.edu/geography_etds/62.
Testo completoAbstract (sommario):
This doctoral dissertation examines the lived experiences of refuge in Denmark from the perspectives of Syrian refugees. Situated within feminist political geography, it moves beyond examining geopolitics merely from the perspective of the law, the state, and policy makers. Instead, it seeks to grasp the ways in which geopolitics are encountered, experienced, and negotiated on the ground – by the people who are most affected by state policies and practices. It draws on more than ten months of ethnographic fieldwork in Denmark with Syrian refugees, including semi-structured interviews, focus groups, and participant observations, as well as interviews with state and non-state actors providing assistance to Syrian refugees in Jordan. This dissertation brings insights from feminist political geography into conversation with those from critical refugee studies, border studies, geographies of law, and postcolonial studies in order to unsettle core ideas and terms of reference surrounding what refuge is and how it is practiced.
This dissertation makes three distinct but closely related arguments. First, focusing on family reunification of refugees and how this form of protection became a target in the Danish state’s efforts to prevent refugee immigration, I argue that the geopolitics of refuge needs to be examined in a way that includes but also moves beyond the actual territorial border line as well as the legal border (i.e. the moment a person obtains protection and legal status). Second, through an examination of Syrian refugees’ everyday encounters with the Danish state, I draw attention to the disjunctures between idealized notions of refuge with its ostensible ‘humanitarian’ ethos and the practical articulations of refuge as manifested in the everyday lived experiences of refugees. This is what I term lived refuge. I argue, however, that the dissonances between idealized and actually existing refuge point to the persistent presence of governance within refuge, rather than a lack or an absence of ‘true’ humanitarianism - i.e. a promise of freedom, betterment, and prospect that did not fully materialize. Instead, the state practices, which refugees are subject to within refuge, are enabled and normalized through the asymmetrical relationships between the state and the refugee. Third, calling attention to how Syrian refugees experience, articulate and locate war, I trouble prevailing geographical imaginations of “Europe” and Denmark as spaces of peace, safety, and prosperity. Drawing on Syrians’ experiences of war, I argue that attending to everyday experiences of war in refuge prompts a re-articulation of where war is, what counts as war, and who decides.
4
Hwacha-Chitanda, Virginia Shingairai. "International protection of refugees, a human rights perspective". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ35064.pdf.
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5
Hamdan, Hanan Malek. "Refugees : from gaps in protection to case law". Thesis, University of Kent, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.399604.
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6
Campbell, Elizabeth H. "Refugee protection challenges in the era of globalization the case of Nairobi /". Diss., Online access via UMI:, 2005.
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7
Kathrani, P. "International refugee law and legal theory : developing a new global ethic for the contemporary protection of refugees". Thesis, King's College London (University of London), 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.731472.
Testo completoAbstract (sommario):
This thesis scrutinises, from the perspective of legal theory, how contracting states have applied the Refugee Convention. It argues that a hard positivist paradigm of separating what the law is from what it ought to be is insufficient because the Convention is a legal instrument of value that protects human autonomy. That is why it is necessary to use a different framework. It will use a rational one and argue that while the Convention, as a legal document, required contracting states to protect the rational autonomy of those seeking protection, rationality has also enabled states to put their interests first. This will also be related to the wider notion of power. The thesis will then apply this rational framework to explain why Britain has passed some unreasonable measures for processing asylum claims and also use it to argue why it is becoming increasingly important for human freedom in a global world that states adopt the proper legal will.
8
White, Tari. "Humanitarian Intervention, Refugee Protection, and the Place of Humanitarianism in International Relations". Thesis, University of Canterbury. Political and Social Sciences, 2012. http://hdl.handle.net/10092/7772.
Testo completoAbstract (sommario):
In taking into account the vast body of literature that exists on the topic of international humanitarianism, this thesis aims to provide a contribution to the field by way of an analysis of the dubious manner in which states apply the principles of humanitarianism. It derives conclusions around the level of commitment and sincerity of the international humanitarian regime to the principles of humanitarianism by exploring the dynamic relationship between the two of the main areas of humanitarianism: humanitarian intervention and refugee protection.
From this analysis stems the argument is that while the governments of the wealthy Western states are often amongst the loudest trumpeters of humanitarian principles, they fail to live up to their humanitarian obligations. For, rather than committing to humanitarian action on the basis of need, they are only willing to commit to humanitarian action in cases that serve in their own national interests; cases of human suffering from which they do not stand to benefit remain caught in the margins of the international humanitarian regime.
9
Louw, Kiegen. "How to Address the Inadequacies in the Protection of Transgender Female Refugees in Countries of Refuge?" Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29344.
Testo completoAbstract (sommario):
Despite their prevalence in the global refugee system, the unique struggles faced by transgender female refugees in countries of refuge has remained silent. Although existing as places of refuge, host states have remained particularly hostile to these refugees. The term ‘transgender’ is still relatively new and this thesis aims to outline the plight of transgender female refugees through the various forms of violence directed against them. Thus, an extended definition of violence must be taken to be able to contemplate the ways in which the transgender woman is assaulted, whether that takes the form of physical, sexual, economic, or medical violence. Moreover, despite an international and regional legal system existing, which delineates the human rights of refugees across the globe, there still appears to be a disconnect between the law and the lived realities of the transgender female refugee. The law itself is no ally to the transgender women due to its inherent patriarchal nature; the transgender women is perceived as a threat to the existing patriarchal and heteronormative structures in place in society. Moreover, the 1951 Convention Relating to the Status of Refugees was drafted at a time when the needs of transgender female refugees were not known and thus most of the existing international human rights instruments all pre-date the emergence of transgender rights. This disconnect is further fueled by the lack of hate crime in the international arena as a tool to enforce and protect transgender female refugees. Lastly, it was further seen that South Africa, as a country of refuge for African transgender refugees, provides a good example of ways in which the transgender woman can be assisted, such as through the development of Ubuntu and hate crime legislation.
10
Scott, Ochsner Sarah. "The Grey Areas of Refugee Protection: The legal and political dimensions of a restrictive temporary status for war refugees". Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22776.
Testo completoAbstract (sommario):
While there exists in the literature on refugees’ rights a broad consensus on the existence of an overlapping and common ground between IHRL and IRL, gaps continue to exist in state implementation of these two legal systems. Concepts of sovereignty and border control continue to take predominance when refugees are the rights-bearers, and this tendency is more pronounced in the event of complementary protection. This thesis investigated the recent creation of a temporary protection status in the Danish Aliens Act by legal method and political case study to understand the interrelation of these systems, as manifested by the ECHR and the Refugee Convention. The legal analysis revealed the amendments’ misinterpretation of the principle of good faith of treaty interpretation. The political reasoning behind the amendment was used to shed light on domestic alignment with international law, in order to clarify the political and moral function of human rights. It was suggested that the main challenge to such misinterpretations remains the separation of human rights with its inherent moral purpose.
11
McNamara, Karen Elizabeth School of Biological Earth & Environmental Science UNSW. "The politics of ???environmental refugee??? protection at the United Nations". Awarded by:University of New South Wales. School of Biological, Earth and Environmental Science, 2006. http://handle.unsw.edu.au/1959.4/26972.
Testo completoAbstract (sommario):
This thesis seeks to better conceptualise how and why there is an absence of international protection for ???environmental refugees???, and to place these findings in the critical geopolitics literature. A poststructuralist framework, drawing on Foucault???s ideas of discourse, subjectivity, power and governance, was deemed most appropriate for this thesis, and provided a means of differentiation from previous literature on ???environmental refugees???. This thesis develops a genealogy of the subject category of ???environmental refugees??? since the 1970s, to better understand how the United Nations, Inter-Governmental Organisations (IGOs), Non-Governmental Organisations (NGOs) and the media have constructed environmental issues and refugees in texts. Fieldwork undertaken in 2004 enabled me to conduct 45 semistructured interviews with United Nations diplomats and representatives from IGOs and NGOs. Critical scrutiny of these interview texts revealed the constructions of ???environmental refugees??? as various subject identities, particularly in relation to climate change. Pacific ambassadors to the United Nations were also interviewed in 2004 to explore how they negotiated discourses on climate change and ???environmental refugees???, and attempted to articulate their concerns at the United Nations. This thesis contends that an absence of policy at the United Nations to protect ???environmental refugees??? has been produced by a combination of discursive and institutional politics. Unequal power structures at the United Nations have limited the capacity of small island states to lobby and articulate concerns, while subject categories of ???environmental refugees??? have been constructed in ways that alter the terms of debate, evade legal response, or deflect blame away from the perpetrators of environmental damage. Reasons for this policy absence have been the shifting attitudes towards environmental issues and the role of multilateral political institutions. The overall contribution of this thesis is to critical geopolitics, through its examination of the role of multilateralism, representations of environmental issues causing population displacement, and how and why policy absences are created within multilateral institutions such as the United Nations.
12
Hammerstad, Anne. "Refugee protection and the evolution of a security discourse : the United Nations High Commissioner for Refugees in the 1990s". Thesis, University of Kent, 2003. https://kar.kent.ac.uk/9362/.
Testo completo
13
Kuosmanen, Jaakko Niilo. "Right to asylum and its protection". Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6454.
Testo completoAbstract (sommario):
The topic of this thesis is justice and asylum. The central argument in the thesis is that citizens of all states have a moral right that entitles them to asylum in certain circumstances of deprivation. The right to asylum can be understood as a general derivative right, and it is grounded in the more fundamental entitlement to basic needs. More specifically, I argue that all persons whose basic needs are insufficiently protected in their home states have the right to asylum when they cannot be assisted with other remedial instruments by the international community within a reasonable timeframe. By using the right to asylum as a normative evaluative standard, I also argue that the existing refugee protective institutions are morally unsatisfactory, and that a 'moral refugee regime' should be established to replace the current protective institutions. Then the questions becomes, what specific form these institutions should take. In the thesis I focus primarily on one institutional proposal, 'the tradable quota scheme', and its ethical dimensions. I defend the tradable quota scheme against several lines of criticism, and suggest that the scheme constitutes a normatively viable alternative for the existing institutional framework. Finally, I examine obligations in the protection of the right to asylum in circumstances of partial compliance. I conclude that the citizens of complying states have the obligation to 'pick up the slack' and assist those bearers of the right to asylum who are unjustly denied assistance by the non-complying states.
14
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.
Testo completoAbstract (sommario):
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.
15
Ní, Ghráinne Bríd Áine. "Challenges in the relationship between the protection of internally displaced persons and international refugee law". Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:5535d05d-aa56-477c-8553-33316d297e0d.
Testo completoAbstract (sommario):
Internally Displaced Persons ('IDPs') outnumber refugees by two to one and often have the same fears, needs and wants as refugees recognised as such under international law. However, refugee status entails international protection, while IDPs are left to the protection of their own state, which may, but by no means necessarily, be the very entity that has forced them to flee in the first place. In recent years, there have been significant developments in the realm of IDP protection. This includes the conclusion of two regional treaties on the protection of IDPs, the development of relevant soft law instruments, and the reformed 'Cluster Approach' of humanitarian response. Although the increased focus on IDP protection is a welcome development, the UNHCR has expressed the fear that 'activities for the internally displaced may be (mis)interpreted as obviating the need for international protection and asylum.' This thesis represents the first legal analysis of the relationship between the protection of IDPs and International Refugee Law. It will discuss five key challenges in this respect. First, the challenge of drawing the attention of the international community to the plight of IDPs; second, the challenge of developing an appropriate framework for the protection of IDPs; third, the challenge of ensuring that internal protection is not interpreted as a substitute for asylum; fourth; the challenge of determining the relationship between complementary protection and internal displacement; and fifth, the challenge of ensuring that IDP protection in an inter-agency context does not trigger the application of Article 1D of the Refugee Convention, rendering the Convention inapplicable to the recipients of that protection. This thesis will conclude by setting out the future challenges in the relationship between IDP protection and International Refugee Law, by identifying questions left open for further research, and by illustrating the overall impact and importance of this thesis' findings.
16
Bado, Arsène Brice. "Dignity across borders : rethinking the protection of refugees and IDPs from an ethical perspective". Thesis, Boston College, 2010. http://hdl.handle.net/2345/1845.
Testo completoAbstract (sommario):
Thesis advisor: David HollenbachThe purpose of this reflection – Dignity across borders: Rethinking the protection of refugees and IDPs from an ethical perspective – has been to challenge contemporary ways of thinking and dealing with issues related to refugees and IDPs. Today, refugees and IDPs are often reduced to their needs. They are often perceived as bodies to shelter, to heal or to clothe; mouths to feed; victims of persecution to protect, etc. In the same perspective, contemporary debates on treatments of refugees and IDPs tend to rotate around the financial costs of processing claims, social security benefits for asylum seekers, and social tensions arising from the presence of large numbers of refugees and IDPs in receiving countries or communities. While acknowledging the importance of all these issues and needs, the stance of this reflection has been to refocus the debate on the concept of human dignity which transcends borders such as nationality, ethnicity, religion, race, etc. From this standpoint, the debate changes and gains more fundamental and moral depths. From the same stance, but grounded in the biblical experience, the Roman Catholic Church‘s social discourse on refugees and IDPs challenges the current international refugee protection regime. Because all are created in the image and likeness of God, all humans share the same dignity. Their dignity and their rights as humans are not related to their citizenship, but to the fact that they have been born into the human family. This is the foundation of Christian universalism that challenges the current refugee protection regime that is based on the membership of states. Yet, Christian universalism includes also a realism that respects the state sovereignty within its borders. Conversely, the main claim of Catholic social teachings on refugee issues is that the refugee issues should not be perceived only from the standpoint of the state, such as national security concern and borders control. Above all, refugees should be perceived as human beings, as dignities across borders
Thesis (STL) — Boston College, 2010
Submitted to: Boston College. School of Theology and Ministry
Discipline: Sacred Theology
17
Hurwitz, Agnes. "Responsibility-sharing arrangements for the protection of refugees, with particular reference to Europe and the determination of claims for refugee status". Thesis, University of Oxford, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270083.
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18
Rempel, Steven Ben. "A nation of refugees, an exploratory study of the Kurdish problem of protection". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ41761.pdf.
Testo completo
19
Lyytinen, Eveliina. "Spaces of trust and mistrust : Congolese refugees, institutions and protection in Kampala, Uganda". Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:bfe1f36a-6a8d-4d89-a6e6-05b0d7bbab4c.
Testo completoAbstract (sommario):
The spatiality of refugee protection has been a key issue for humanitarian practitioners and policy-makers, and it has become of increasing concern in academic studies. This study interrogates the policy and practice-oriented concept of ‘protection space’ in regard to the experiences of the Congolese refugees in the city of Kampala, Uganda. My analysis of ‘protection space’ uses the geographical concepts of the ‘right to the city’ and ‘sense of place’ to emphasise the physical, imagined, lived and relational understandings of urban space. I also investigate the conceptual links between ‘protection’, ‘space’ and ‘trust’. I apply a qualitative case-study approach in this study and collected primary data from individual Congolese refugees, refugee communities and officers of the protection institutions. The data-collection methods included a combination of semi-structured interviews, observation and focus group discussions, supported by visual methods. I rely on aspects of discourse analysis to analyse my textual and visual data. I conclude that the Congolese refugees informing this study conceptualised ‘protection’ not only legally, physically and relationally, but also spiritually. The geographical levels of protection and insecurity that refugees experienced varied: their ‘sense of place’ in relation to the city of exile depended on their micro-, meso-, and macro-scale experiences and perceptions of protection. Given the prevalence of generalised and particularised social mistrust and institutional mistrust – two matters that were intertwined in refugees’ discourses of their everyday urban life – it is concluded that the distinction between protection and insecurity was at times unclear. Refugees, however, found a sense of protection from various ‘communities of trust’, even though their community life was also characterised by struggles over their ‘right to the city’ and inter-community mistrust.
20
Arsofli, Diala. "From Heroes to Helpless Refugees: A CDA of The Representation of North Korean Refugees in South Korean Law". Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23717.
Testo completoAbstract (sommario):
The dictator ruled North Korea is not a country many North Koreans chose to live in voluntarily. Thousands of North Koreans must endure starvation, public executions, prison camps, rape, and numerous other human rights abuses daily. As a result, many choose to flee the country, hoping for a better and safer life in South Korea. This paper investigates how North Korean refugees are represented in the current North Korean Refugees Protection and Settlement Support Act and its Enforcement Decree Act. This study aims to examine the changes made to the Acts that are relevant to the representation of North Korean refugees in South Korea. I examine the Acts with Critical Discourse Analysis and Fairclough’s Three-dimensional Model of Discourse. The results suggest that the Acts contribute to the negative perception of North Korean refugees by some South Korean nationals. Unstable inter-Korean relations enhance these negative attitudes.
21
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.
Testo completoAbstract (sommario):
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.
22
Swart, Sarah Jean. "Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law". Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8093.
Testo completoAbstract (sommario):
The main objective of this study is to investigate the practical treatment of Unaccompanied Minor Refugees (UMR) in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children.
The study will focus on the realisation of children’s socio-economic rights in order to measure treatment. This study also seeks to address the obstacles which prevent the full and proper treatment of UMR, and to make recommendations as to how the international community can better regulate the treatment of UMR. In essence, this paper aims to investigate whether there is a discrepancy between the rights of child refugees acknowledged in international law and the situation of UMR in practice, and, if so, how this can be remedied. This paper seeks to show, through the case studies of Ghana and South Africa, that UMR are, to a certain extent, lost in the systemA Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr E.Y. Benneh of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
23
Orchard, Philip. "A right to leave : refugees, states, and international society". Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/1261.
Testo completoAbstract (sommario):
This dissertation investigates regime-based efforts by states to cooperate in providing assistance and protection to refugees since 1648. It argues from a constructivist perspective that state interests and identities are shaped both by other actors in the international system - including norm entrepreneurs, non-governmental organizations, and international organizations - and by the broader normative environment. Refugees are a by-product of this environment. Fundamental institutions - including territoriality, popular sovereignty, and international law - formed a system in which exit was one of the few mechanisms of survival for those who were religiously and politically persecuted.
This led states to recognize that people who were so persecuted were different from ordinary migrants and had a right to flee their own state and seek accommodation elsewhere. States recognized this right to leave, but did not recognize a requirement that any given state had a responsibility to accept these refugees. This contradiction creates a dilemma in international relations, one which states have sought to solve through international cooperation.
The dissertation explores policy change within the United States and Great Britain at the international and domestic levels in order to understand the tensions within current refugee protection efforts. Three regimes, based in different normative understandings, have framed state cooperation. In the first, during the 19th century, refugees were granted protections under domestic and then bilateral law through extradition treaties. The second, in the interwar period, saw states taught by norm entrepreneurs that multilateral organizations could successfully assist refugees, though states remained unwilling to provide blanket assistance and be bound by international law. These issues led to the failure of states to accommodate Jewish refugees fleeing from Germany in the 1930s. The third, since the Second World War, had a greater consistency among its norms, especially recognition by states of the need for international law. Once again, this process was shaped by other actors, including the United Nations High Commissioner for Refugees (UNHCR). This regime has been challenged by increased refugee numbers and restrictions on the part of states, but its central purpose remains robust due to the actions of actors such as the UNHCR.
24
Carmody, Louise. "To what extent has the Convention on the Rights of the Child acted as a lens for the refocus of refugee protection mechanisms, to affect improved protection measures and adherence to human rights standards for child refugees?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4685.
Testo completoAbstract (sommario):
It is the intention of this paper to examine the extent to which the Convention on the Rights of the Child (CRC) has acted, (and, has the potential to act), as a lens for the refocus of refugee protection to better include children. To this extent, the paper will discuss the integral relationship between human right and refugee law. It is suggested that the CRC has affected greater recognition of how fundamental human rights, protected within the CRC, have influenced the evolution of State interpretations of the Refugee Convention to enhance protection for children. It is not the aim of the discussion to evaluate different systems of human rights enforcement, but rather to focus on the impact of the CRC as it currently stands; examining whether the Convention has influenced protection for child refugees in specific scenarios. Central to the position of the paper is the submission that the CRC has the potential to effect an urgent change in the perception of child refugees. [...]
25
Barry-Murphy, Emily C. "Democratizing Refugee Governance Through Critical Reflexivity". Diss., Virginia Tech, 2015. http://hdl.handle.net/10919/51849.
Testo completoAbstract (sommario):
This dissertation considers how refugees and internally displaced persons (IDPs) are conceived in international relations, and how they are understood in relation to the global refugee regime complex. This research explores how cognitive frames are impeding fair/democratic governance of IDPs/refugees and employs two case studies to investigate how the practice of critical reflexivity can lead to the creation of democratic spaces for refugees/IDPs to enact protection preferences. The first case analysis argues that Sarvodaya Shramadana's Deshodaya initiative in Sri Lanka has enabled IDPs in that nation to embrace critical reflexivity to re-constitute/reimagine themselves as governing agents who can redefine state and international organization-based definitions of their protection. The second case examines asylum adjudications at the Department of Homeland Security and is an exploration of how that agency's responsible officials can employ critical reflexivity to recognize seemingly hidden governance structures that condition their decision-making and limit refugee choices. Finally, this inquiry offers a new, organic model for conceptualizing both refugee/IDP governance and strategies for democratization of refugee/IDP governance institutions and systems.Ph. D.
26
Machingambi, Nyaradzo. "Can a Case be made for the Provision of Government Funded Social Assistance to Refugees in South Africa? Defining a Constitutional Standard for Refugee Protection in South Africa". Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4716.
Testo completoAbstract (sommario):
This paper is a critique of the implementation of the progressive refugee protection through the local integration policy that has been established by the South African Government. It is premised on the belief that the South African government has failed to create an 'enabling environment for refugees' and that this failure makes it imperative for the South Africa government to remove the exclusion of refugees from their social security scheme. The case put forward by this paper is that the inclusion of refugees into the South African social security scheme will not only improve the quality of its refugee protection policies but it will make them more compatible with constitutional standards.
27
Svantesson, Hanna. "Where to Live When My State is Submerged Under Water? : A Study of the International Legal Protection for Climate Refugees". Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76483.
Testo completo
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Oliveira, Sabina Couto. "A problemática dos refugiados e as necessidades de proteção das crianças". Bachelor's thesis, [s.n.], 2020. http://hdl.handle.net/10284/8843.
Testo completoAbstract (sommario):
Projeto de Graduação apresentado à Universidade Fernando Pessoa como parte dos requisitos para obtenção do grau de Licenciada em CriminologiaUma variedade de acontecimentos carregou para o diário europeu a vida de milhares de pessoas em fuga (da guerra e da violência nos países de origem), por terra e por mar, à procura de refúgio. Tal realidade apresentou-se como uma crise de refugiados. Mas, atualmente, assiste-se à chegada de novas personagens nesta aventura desoladora: menores desacompanhados. As crianças integram-se, assim, nos fluxos migratórios de hoje em dia. Sendo particularmente vulneráveis e dependentes de necessidades acrescidas, tornam-se num assunto extremamente preocupante para as políticas e instituições europeias. O presente projeto apresenta, primeiramente, uma abordagem teórica em torno dos refugiados e especialmente da questão dos menores desacompanhados, tendo, seguidamente, como objetivo a realização de um estudo, onde se pretende avaliar a existência de limitados relatórios internacionais e europeus no que diz respeito aos mesmos e compreender o motivo das incoerências apresentadas face aos dados fornecidos pelas diferentes organizações. Pretende-se, igualmente, perceber as medidas adotadas para combater este problema, assim como, dos programas com vista a amparar estas crianças.
A variety of events brought to framework European the life of thousands of people fleeing (from war and violence in their countries of origin), by land and by sea, looking for refuge. Such reality presented itself as a refugee crisis. But, today, we witness the arrival of new protagonists in this bleak adventure: unaccompanied minors. Children are thus integrated into today’s migratory flows. Being particularly vulnerable and dependent on increased daily necessities, becoming an extremely worrying issue for European policies and institutions. The current project focuses, first, on the theorical approach regarding refugees and especially the issue of unaccompanied minors, with the purpose of conducting a study, where it is intended to assess the existence of limited International and European reports which respect to them and understand the reason for the inconsistencies presented in relation to the data provided by the different organizations. It is, equally, intended to understand the measures adopted to combat this problem, as well as the programs aimed at supporting these children.
N/A
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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.
Testo completoAbstract (sommario):
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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Ntwiga, Dickson Mugendi David Hayes Mike. "Protection against domestic violence in asylum law in the united states : problems of defining membership in a particular social group /". Abstract, 2006. http://mulinet3.li.mahidol.ac.th/thesis/2549/cd396/4437502.pdf.
Testo completo
31
Lachal, Doriane. "La protection internationale des personnes vulnérables déplacées". Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111011.
Testo completoAbstract (sommario):
La communauté internationale considère certaines personnes déplacées comme étant des migrants irréguliers. Cette étude démontre le caractère contraint du départ pour trois catégories de personnes, à savoir les personnes fuyant les conséquences aveugles d’un conflit armé international ou non international, les personnes fuyant les catastrophes environnementales de causes anthropiques ou naturelles et les personnes fuyant une situation économique ou sociale désastreuse. L’approche catégorielle classique du droit international public ne permet pas de garantir une protection à ces personnes. Aucun statut particulier ne leur étant attribué, ces personnes se trouvent dans une situation de vulnérabilité. De quelle manière est-il alors possible d’assurer une protection effective à ces personnes vulnérables déplacées ? Actuellement, la plupart des Etats s’inscrivent dans une démarche sécuritaire, contrôlant strictement la gestion des flux migratoires et appliquant peu ou prou les instruments juridiques internationaux protecteurs. Une complémentarité des différents régimes juridiques (droit international des réfugiés, droit international humanitaire, droit international des droits de l’homme) est par conséquent nécessaire et une interprétation extensive des textes existants est recommandée. Pour pallier les insuffisances du droit positif, le recours à la notion de vulnérabilité, transversale à ces diverses situations, est invoqué, permettant ainsi de dépasser l’approche catégorielle classique. Pas encore reconnue comme une source du droit international, la notion est devenue, depuis quelques années, incontournable sur la scène internationale. Elle apparaît ponctuellement dans les textes conventionnels et est fréquemment utilisée dans les instruments de droit mou. Prise en compte progressivement par les jurisprudences internationales et régionales, mais aussi par la doctrine, elle figure allègrement dans le discours des organisations humanitaires et des médias. Le développement de la notion de vulnérabilité en droit mou, précisément en des lignes directrices garantirait une meilleure protection des personnes déplacées vulnérables permettant de prévenir le déplacement, d’octroyer un statut temporaire ou définitif ou encore de fournir des conditions d’accueil dignes dans les Etats ou les régions hôtes. Ces lignes directrices servant de guide aux Etats laissent envisager par la suite l’adoption de règles contraignantes protectrices de ces personnes déplacées. La distinction entre personnes vulnérables déplacées et personnes particulièrement vulnérables doit également être prise en compte à ce stade. De surcroît, il convient d’engager la responsabilité des auteurs ayant contribué au déplacement contraint ou ayant commis des exactions sur ces personnes déplacées devant des instances judiciaires internationales, régionales ou encore nationales pour lutter contre l’impunité. En conséquence, une réparation juste pour le préjudice subi doit être garantie à ces personnesThe international community considers some displaced persons as irregular migrants. This study demonstrates that the departure is undeniably forced concerning three groups of people : the persons fleeing blind violence and the collateral effects of an international or non international armed conflict, the persons fleeing man-made or natural environmental disasters, and the persons fleeing difficult economical or social situations. The classical approach of public international law based on distinct categories does not guarantee effective protection to these persons. As no particular international status is given to these persons, they are in a situation of vulnerability. In which way an effective protection could be a guarantee to these vulnerable displaced persons? Currently, most of the States defend a safe approach, strictly controlling the management of migration flows and applying more or less protective international legal instruments. Complementarity of different legal systems (international refugee law, international humanitarian law, international law of human rights) is therefore necessary and a broad interpretation of existing texts is recommended. To overcome the shortcomings of positive law, the use of the concept of vulnerability, crossing different situations, is invoked, in order to exceed the traditional categorical approach. Not yet recognised as a source of international law, the term “vulnerability” has become an essential notion on the international scene in recent years. It appears occasionally in conventional instruments and is frequently used in soft law. It has been gradually developed through the international and regional jurisprudence and also by the doctrine. The discourse of humanitarian organizations and the media often refers to the notion. The development of the concept of vulnerability in soft law, specifically in the shape of guidelines would ensure a better protection of vulnerable displaced persons. In this regard, guidelines could prevent people fleeing, grant a temporary or a permanent status and provide dignified reception conditions in the host States or regions. This instrument of soft law would be used as a guide for States subsequent to the adoption of protective binding rules. The distinction between vulnerable displaced persons and particularly vulnerable persons has to be taken into account at this stage. Furthermore, the responsibility of the authors who have contributed to the forced displacement or who have committed atrocities against the displaced persons should be brought before the international, regional or national judicial authorities, in order to fight against impunity. Consequently, a fair compensation for the damage suffered must be guaranteed to these persons
32
Berg, Mikaela, e Mikaela Wallinder. "Fear in Everyday Life - A Qualitative Study on the Everyday Routines of Burundian and Congolese Women Residing in Tanzanian Refugee Camps". Thesis, Malmö högskola, Institutionen för globala politiska studier (GPS), 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23470.
Testo completoAbstract (sommario):
This master thesis is based on a field study, conducted in Lugufu 1 and Mtabila 1 refugee camps in Kigoma, western Tanzania, where we held twenty-eight interviews with Congolese and Burundian refugee women. The Congolese and Burundian refugees have fled to Tanzania due to long-lasting conflicts in Congo and Burundi respectively; most arrived in mid-1990s. Thereby, the camps are no longer in phases of emergency and refugees have, since long, established everyday routines and habits that shape their everyday lives; our main interests lie in these. Accordingly, our aim with this study has been to attain a deepened understanding of how these refugee women experience their everyday lives with regards to safety. Since the women themselves were the narrators, security-related problems connected to firewood collection were, inevitably, frequently brought up and are therefore given much space throughout the study. Of great importance for the study is the Sphere Project, in particular the three Cross-Cutting issues - Gender, Environment, and Security – which are all, we believe, intimately related to Feminist Geography. Moreover, our purpose has been to interpret the answers given by these refugee women through arguments and concepts included in Feminist Geography and thereby enable new ways of understanding how, for example, the physical environment affects the everyday routines of refugee women. Furthermore, as several feminist geographers (who, to this date, mainly have focused on western, urban areas) approach women’s fear by looking at the prevailing social and power structures, such structures have also been given much space in our study. Consequently, our study sheds light on security-related issues, which refugee women face in their everyday lives. From the results found in our study, we believe, that if feminist geographers were to include refugee women residing in a non-western, rural context, they would stand to gain a broadened knowledge of how different women experience and are affected by fear and safety.
33
Maviga, Tawanda. "Integration Practitioners Perspectives on the Integration Process of Newly Arrived Refugees in Malmö, Sweden". Thesis, Malmö universitet, Institutionen för globala politiska studier (GPS), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-44807.
Testo completo
34
Suárez, Ostos María Lorena. "La protección de los flujos masivos en el ordenamiento jurídico internacional y en el Derecho venezolano". Doctoral thesis, Universitat de Girona, 2007. http://hdl.handle.net/10803/7688.
Testo completoAbstract (sommario):
En caso de desplazamiento masivo, resulta imposible determinar inmediatamente de manera individual los temores de persecución de las personas que integran el grupo. Precisamente, ante la realidad desconsoladora de la promoción de una protección internacional exclusivamente aplicable a un tipo de refugiados casi inexistente, la cada vez menos frecuente determinación en grupo y prima facie de refugiados, la proliferación de estatutos subsidiarios, el aumento del desplazamiento interno y las restricciones que imponen los Estados por motivo de seguridad nacional u orden público, se consideró que un estudio sobre la protección de los flujos masivos podría facilitar la obtención de una visión general del estado actual de la protección temporal y de las obligaciones que se han desarrollado para hacer frente a tales contingencias. A partir del planteamiento inicial de los retos y obstáculos legales que este fenómeno ha planteado para los Estados receptores y para la evolución del Derecho internacional de los refugiados y de la inexistencia de un régimen jurídico internacional universal que regule la protección de los flujos masivos, se ha elaborado una construcción doctrinal y práctica sobre la protección de esta situación en el Derecho internacional, sistematizando los distintos elementos que se han ido incorporando a esta protección colectiva.Se ha analizado la protección de los flujos masivos con el ánimo de dotar de rasgos positivos a un concepto que ha sido considerado como un avance negativo en el ámbito de la protección internacional. Y es que la protección temporal no tiene por qué reducir estándares de protección ni tampoco sustituir a la protección internacional clásica, que es la de los refugiados.
In cases of mass displacement, it is not possible to determine immediately the individual fears of persecution of those persons belonging to the larger group. It is precisely in view of the promotion of an international legal framework of protection exclusively applicable to an almost inexistent category of refugees; of the progressively less frequent group determination and prima facie determination for refugees; of the proliferation of subsidiary statutes; and of the increase in internal displacement and the restrictions imposed by States due to national security and public order, that it was considered important to undertake a study about the protection of large groups who are displaced to provide a comprehensive view of the current approach to temporary protection and of States' obligations vis a vis this reality. Taking into account the challenges and legal obstacles that mass influx situations have caused to recipient countries, to the evolution of International Refugee Law, and to the non-existence of an international universal judicial regimen that regulates the protection of mass refugee groups, this thesis has developed a doctrinal and practical construction about this form of protection in International Law, systematizing all the different elements that have been included in this collective kind of protection.
Mass influx protection has been analysed with the intention of highlighting positive aspects of a concept that has been considered a negative advance in the international protection framework. Temporary Protection need not reduce protection standards nor substitute the classic international protection given to refugees.
35
McAdam, Jane. "Seeking refuge in human rights : complementary protection in international refugee law". Thesis, University of Oxford, 2004. https://ora.ox.ac.uk/objects/uuid:7af99722-4987-414f-bed1-2bb8f097bf7c.
Testo completoAbstract (sommario):
This thesis examines complementary protection the protection afforded by States to persons who fall outside the legal definition of a refugee in article 1A(2) of the 1951 Refugee Convention, but who nonetheless have a need for international protection. Human rights law has extended States' international protection obligations beyond the Refugee Convention, preventing States from removing individuals who would be at risk of serious harm if returned to their countries of origin. While a number of States have traditionally respected these additional human rights obligations, they have been reluctant to grant beneficiaries a formal legal status analogous to that enjoyed by Convention refugees. By examining the human rights foundations of the Convention, the architecture of the Convention, regional examples of complementary protection, and principles of non-discrimination, the thesis argues that the Convention is a lex specialis for all persons in need of international protection a specialized blueprint of legal status, irrespective of the legal source of the protection obligation. Chapter 1 identifies pre-1951 examples of complementary protection, demonstrating how the content of the status afforded to extended categories of refugees was historically the same as that granted to 'legal' refugees. It traces unsuccessful attempts at the international and European levels to codify a system of complementary protection, prior to the EU's adoption of the Qualification Directive in 2004. The Qualification Directive, examined in Chapter 2, represents the first supranational codification of complementary protection, but is hampered by a hierarchical conceptualization of protection that grants a lesser status to beneficiaries of 'subsidiary protection' vis-à-vis Convention refugees. Chapters 3 to 5 examine the CAT, ECHR, ICCPR and CRC to identify provisions which may give rise to a claim for international protection, beyond article 3 CAT, article 3 ECHR and article 7 ICCPR. Finally, Chapter 6 illustrates why all persons protected by the principle of non-refoulement are entitled to the same legal status, demonstrating the function of the Convention as a lex specialis for all persons in need of international protection.
36
Bradley, Miriam. "Protecting civilians in internal armed conflict : the International Committee of the Red Cross and the Office of the United Nations High Commissioner for Refugees". Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:99b7b4ce-38c6-472c-9fcb-c4be82ed9371.
Testo completoAbstract (sommario):
This thesis examines the approaches taken by the International Committee of the Red Cross (ICRC) and the Office of the High Commissioner for Refugees (UNHCR) to the protection of civilians during internal armed conflict, both at the level of global policy and at the level of implementation in the Colombian context. The thesis explains how the ICRC and UNHCR approach protection, why each has adopted its particular approach, and how and why the effectiveness of each approach is limited. In doing so, it offers a theoretical framework for explaining the approaches taken by international organizations (IOs) to new tasks within their mandates as well as policy implications for the ICRC, UNHCR and other humanitarian agencies. From a theoretical perspective, this research shows that factors internal to the IO carry greater explanatory power than external factors. Most significantly, when an IO expands into a new issue-area, it frames the new task in terms of the existing tasks within its mandate, replicating the specific goals and the means of pursuing those goals. The extent to which the approach is then adapted to the specificities of the new issue-area depends on the ‘bureaucratic personality’ of the IO, and specifically the extent to which decisions are informed by field-level experience. Internal conflicts by definition include armed non-state actors, and the analysis in this thesis emphasises both their significance in determining civilian security and their neglect in existing approaches to protection. While the ICRC seeks to reduce the threat posed by all armed actors (state and non-state) in its work at the field level, it relies heavily on an international legal framework which prioritises states and this partially undermines its attention to non-state actors at the field level. UNHCR retains a state-centric focus at both the field level and the level of global policy. From a policy perspective, therefore, the thesis advocates greater attention to armed non-state actors both at the level of practice and in the development of protection norms.
37
Koïbé, Madjilem Roméo. "La protection juridique des réfugiés et déplacés climatiques à assurer par les organisations régionales : rôle de l'Union Africaine". Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100098/document.
Testo completoAbstract (sommario):
Depuis quelques années, le réchauffement climatique est un thème qui fait l’objet de plusieurs débats houleux. Mais à l’heure actuelle, il est difficile d’affirmer avec certitude que le réchauffement climatique et les catastrophes qui se multiplient, ces derniers temps, en sont les conséquences évidentes. Toutefois, il ne fait l’ombre d’aucun doute que ces catastrophes naturelles ou celles d’origine anthropique ont des incidences avérées sur l’environnement et le milieu de vie humain. C’est le cas dans le Pacifique avec les îles du Tuvalu exposées à la montée du niveau de la mer, à l’érosion et même à la disparition. C’est aussi le cas dans le Sahel avec le lac Tchad qui, en raison d’une baisse de la pluviométrie, de la sécheresse et d’une mauvaise gestion de ses eaux, connait un rétrécissement inquiétant, obligeant ainsi, des milliers de personnes à migrer dans l’espace du bassin conventionnel du lac Tchad partagé entre le Nigéria, le Niger, le Cameroun et le Tchad. Ces mouvements internes et transfrontaliers mal encadrés sont sources de tensions et d’insécurité. Cette situation semble peu préoccuper les pays touchés, moins encore les pays riches et la communauté internationale, qui en l’absence de tout cadre juridico-humanitaire et d’un statut protecteur international, montrent peu de signe d’empressement pour trouver des solutions afin d’assister les réfugiés et déplacés climatiques et environnementaux qui risquent d’être lésés dans leur droit à la vie et à une vie décente. En raison du vide juridique au niveau international, il serait souhaitable de faire un état des lieux des possibilités actuelles de protection juridique universelle et régionale avant de revenir vers des pistes de solutions adaptées aux besoins spécifiques de l’Afrique par le biais de l’Union Africaine. Une option audacieuse mais qui vaut la peine en raison du contexte actuel qui impose une recherche de solutions scientifiques et juridiques pouvant aider à l’action des décideurs politiquesIn recent years, global warming has been the subject of several heated debates. But, it is currently difficult to affirm with certainty that global warming and the increase in natural disasters in recent times are the obvious consequences. However, there is no doubt that these natural disasters or those caused by human activities have a proven impact on the environment and the living environment. This is the case in the Pacific with the Tuvalu islands which have been exposed to rising sea levels, erosion and even extinction. This is also the case in the Sahel region where due to a decline in rainfall, drought and poor management of its waters, the Lake Chad is experiencing a disturbing contraction, forcing thousands of people whose life depends on it to migrate in the space of the conventional basin of Lake Chad shared between Nigeria, Niger, Cameroon and Chad. These poorly managed internal and cross-border movements are sources of tension and insecurity. This situation does not appear to be of sufficient concern to the countries affected by these changes, and even less to the developed countries and the international community, which in the absence of any legal and humanitarian framework and international protective status, show no signs of eagerness to find temporary or permanent solutions to assist climate and environmental refugees and environmentally displaced persons whomay be harmed in their right to life and decent life. Due to the current legal vacuum at the international level, it would be desirable to take stock of the current possibilities of universal and regional legal protection before returning to possible solutions adapted to the specific needs of Africa, through the African Union. This is a bold but worthwhile option because of the current context that requires a search for scientific and legal solutions that can help policy makers
38
Sanchez-Alicea, Glendaly. "Long-Term Implementation of Temporary Immigration Policy on the Security and Integration of Liberians in the U.S". ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6661.
Testo completoAbstract (sommario):
Immigration policies such as temporary protected status and deferred enforced departure can serve as suitable humanitarian solutions to help displaced individuals. Notwithstanding, when implemented in the course of many years, the uncertainty and stress of living in limbo can pose significant challenges to beneficiaries and create a multifarious scenario for government leaders. This qualitative study examined the experience of Liberians, a group designated with temporary immigration protection in the United States since 1991, who have consequently formed lives in the United States while in temporary status. The purpose of this qualitative study was to explore the effects of temporary immigration policy, implemented as a long-term solution on the security of Liberians and their successful integration in the United States. The study was designed with a case study approach, which yielded a breadth of data collected through semistructured interviews of 9 members of the Liberian community. The research question aimed to understand the perceived effects of long-term implementation of temporary immigration policy on Liberians and their ability to feel secure and integrate into U.S. society. The data were analyzed using content analysis and revealed that irrespective of the challenges and angst of living in limbo, and evidence of some degree of marginalization, Liberians have progressed in many ways and are contributing members of U.S. society. The social change implications of this research include providing a voice to Liberians and others in similar circumstances and the potential for policymakers to consider how temporary immigration policies are implemented in the future.
39
Ezra, Esther. "European Integration and Refugee Protection". Diss., lmu, 2004. http://nbn-resolving.de/urn:nbn:de:bvb:19-26805.
Testo completo
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Nsoga, Robert Ebénezer. "La protection des réfugiés en Afrique centrale : quelle gouvernance des migrations forcées pour les États centre-africains ? : le cas du Cameroun". Thesis, Bordeaux 3, 2020. http://www.theses.fr/2020BOR30011.
Testo completoAbstract (sommario):
Depuis la dernière décennie, les migrations forcées constituent en Afrique comme dans plusieurs parties du monde, une préoccupation particulière et ne cessent de s’intensifier, suscitant de nombreux et complexes défis. Ces migrations atypiques, très souvent massives et inattendues, dont les principales causes se recrutent dans les conflits armés, les atteintes aux droits de l’homme, la violence, la dégradation de l’environnement, ont atteint entre 2011 et 2017, des proportions alarmantes, comme l'indique avec emphase, le rapport global annuel de 2015 du Haut-Commissariat des Nations Unies pour les Réfugiés -HCR-. Confrontées aux aspérités de leurs difficiles trajectoires exilaires qui exacerbent leur vulnérabilité, les personnes forcées de fuir de leurs lieux de vie habituels ne sont pas pour autant les bienvenues dans certains territoires d'accueil où elles vivent souvent dans des conditions de haute précarité. Le paradoxe de la faillite de la protection de cette population contrainte au déplacement réside dans la constance de la consécration de leurs droits dans l'ordre juridique international, dans de nombreux instruments normatifs régionaux et nationaux, et la présence permanente d'intervenants humanitaires pléthoriques à leurs chevets. L'Afrique subsaharienne ne fait pas exception à cette actualité, elle qui compte, selon le même rapport, environ 4,41 millions de réfugiés sur un total de 21,3 millions dans le monde. Cette situation dramatiquement actuelle et humanitairement brûlante a entraîné en Afrique centrale, une reconfiguration importante de l'espace humanitaire en raison de la multiplication exponentielle des déplacements forcés de population alimentée par une inflation récurrente de la conflictualité dans le bassin du lac Tchad, en République Centrafricaine, en République Démocratique du Congo, dans les régions du Sud-Ouest et du Nord-Ouest du Cameroun – pour ne citer que ces cas dont l'écho des tragédies témoignent de l'actualité et de l'urgence de ce phénomène dans cette sous-région africaine-, et la transfrontaliérité des menaces qui pèsent au sein de cet espace géographique d'Afrique subsaharienne. De ce qui précède, ma thèse s'attache à dresser une cartographie du système national de protection des réfugiés d'un État d'Afrique centrale, le Cameroun en l'occurrence, pays de longue tradition d’accueil dont la position géographique est stratégique dans cette sous-région. L'exercice capitalise d'une part, l'analyse des outils d'encadrement normatifs, structurels, infrastructurels, ainsi que les divers mécanismes de coordination des intervenants déployés en faveur de la protection des migrants forcés, pour favoriser une meilleure compréhension des conditions d'accueil, d'assistance/protection, de survie de ces personnes au sein des espaces sui generis ; l'étude permet d'autre part, de mettre en relief, des perspectives de pratiques normatives, structurelles et institutionnelles qui favoriseraient une meilleure prise en compte et une régulation de la protection de cette population au moyen d'une dynamique solidaire et concertée, structurée autour de la spatialisation des États du périmètre politico-géographique de la CEEAC. A partir de l’approche systémique, accoudée à la théorie du constructivisme sécuritaire, je m’attelle à mettre en cohérence, à partir d’un champ pluridisciplinaire croisé, des facteurs et acteurs apparemment irréconciliables, mais immensément enchevêtrés. In fine, à partir du cas camerounais, cette thèse ouvre des perspectives de réflexions sur les défis d'une géographie du droit d'asile et d'une protection efficace des réfugiés en Afrique Centrale qui se déclinent à la régionalisation des interventions, et de façon praxéologique, à l'urgence d'une centre-africanisation de la réponse de protection à travers la création d'un cadre concerté sous-régional de gouvernance des migrations forcéesIn the past decade, forced migration has been a particular and growing concern in Africa and in many parts of the world, as far as they created many complex challenges. These migrations, very often massive, unexpected, and generally caused by armed conflicts, human rights violations, violence, environmental degradation, have jeopardized the survival of many populations whose proportions reached alarming rates between 2011 and 2017, as it is stated in 2015's Global Annual Report of the UNHCR. But this already vulnerable population often remains, beyond any observation, highly precarious within some host States. The paradox of the failure of forced migrants's protection is maintained by the constancy of the consecration of their rights in international, regional and national legal instruments and the diversity of humanitarian actors at their side. Sub-Saharan Africa, which, according to the report quoted above, has around 4.41 million refugees out of a total of 21.3 million in the world, is no exception to this factual reality. In view of this dramatic and humanely burning situation in Central Africa, which has led to a significant reconfiguration of the humanitarian space due to the exponential increase of forced population displacement, fuelled by recurrent conflict inflation in the Lake Chad Basin, the Central African Republic, the Democratic Republic of Congo, and the South West and North-West Cameroon – to mention only those cases whose echo of the tragedies bear witness to the topicality of this phenomenon in this African sub-region -, and the crossborder threats that weigh within this sub-Saharan african territoriality, my thesis focuses to map the national refugee protection system of the State of Cameroon, historically well known as a welcoming and hospitable country whose geographical position is strategic in the sub-regional area of Central Africa. This exercise allows on the one hand, the analysis of normative, structural and infrastructural framework tools, as well as the various mechanisms of coordination of the actors involved in the protection of forced migrants, to enable a better understanding of their welcome conditions in special areas. on the other hand, the study makes it possible to highlight perspectives of normative, structural and institutional practices capable to curb the important flows of refugees and to regulate their protection on behalf of a dynamic and concerted solidarity, structured around the spatialisation of States within the political-geographical perimeter of ECCAS. Through the systemic approach and the theory of constructivism, I am striving to bring into coherence, from a cross-disciplinary field, factors and actors that seem irreconcilable, but immensely intertwined. From Cameroonian experiences, this thesis opens up finally the perspectives of reflections on the challenges of a relevant geographical asylum's right and an agreed and effective protection of refugees in central Africa which decline to the regionalization of interventions, and concretely, to the urgent need of a centre-africanisation of the protection's response through the creation of a concerted sub-regional framework for governance of forced migration
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Gordon, Stuart. "Providing emergency humanitarian assistance in war : an evaluation of the relationship between and operations of the United Nations High Commissioner for Refugees (UNHCR), the humanitarian NGO community and the United Nations Protection Force (UNPROFOR) i". Thesis, Lancaster University, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.414948.
Testo completo
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Yap, Yee-Yin, e Abigail Leffler. "A Communication Analysis for UNICEF Lebanon - A media landscape of Lebanon, media consumption habits of Syrian refugees and potential C4D interventions to promote social inclusion and child/youth protection for Syrian children and youths in Lebanon". Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21850.
Testo completoAbstract (sommario):
The objective of this study is to put forward informed C4D recommendations to help organizations like UNICEF combat the situation for Syrian refugee children and youths in Lebanon, who through displacement and resettling into the complex Lebanese socio-political landscape may be at risk of becoming a lost generation. This paper focuses on the prevention and elimination of actions such as bullying, sexual harassment, gender-based violence, and early marriage.Conceptual framework: the communication theoretical framework considers Bourdieu’s habitus model as well as the uses and gratification model. Concepts conducive to social cohesion include citizenship, communitas and cosmopolitanism.Methodology: data were gathered through a variety of primary and secondary sources. The former includes semi-structured interviews with subject matter experts and analysis of UNICEF’s external communication practices. The latter comprises the collection, assessment, comparison and summarizing of various reports about Lebanese media.Findings: Lebanon has a pluralistic media landscape, though it appears fragmented, reflecting its socio-political sectarian situation. The media in Lebanon is criticized for lack of public service. The arts scene seems to fill a void in terms of examining the collective memory in respect of not only the civil war (1975-1990) but also of social issues arising as a result of globalization and modernity. Syrians in Lebanon consume Lebanese media as much as media from their own country. Interpersonal communication channels appear to be the preferred mode of communication among both the host and the refugee communities, although among the youth social media platforms such as WhatsApp and Facebook are commonplace. Among the traditional media channels, television appears to be popular. The representation of Syrian refugees in Lebanese media is varied, with about one fourth of the published material portraying Syrians as a security issue.Results: a series of C4D recommendations that use sports and the arts as an overarching theme.
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Júnior, Eraldo Silva. "O refúgio no direito internacional contemporâneo: entre a segurança nacional e a proteção do indivíduo". Universidade do Estado do Rio de Janeiro, 2015. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=9455.
Testo completoAbstract (sommario):
O direito internacional dos refugiados constitui um dos mais importantes mecanismos de proteção internacional do indivíduo, sendo objeto de Convenção com alto número de ratificações e de legislação nacional ainda mais protetiva. Não obstante o amplo acervo normativo disponível, desenvolvido para lidar com os desafios impostos pelos frequentes fluxos migracionais que marcaram a primeira metade do século XX, fenômenos recentes tornaram evidente a necessidade de revisão, ainda que parcial, de sua estrutura. Políticas de controle de fronteiras adotadas na Europa levaram ao incremento do fluxo de refugiados entre Estados do Sul. Paralelamente, a transferência de parte do controle para fora das águas territoriais europeias fenômeno observado também no sudeste asiático põe o direito internacional dos refugiados em confronto com a regulamentação do direito do mar. Enquanto isto, o Brasil, por não possuir histórico recente relevante de recebimento de migrantes, enfrenta grande dificuldade para garantir até mesmo o reconhecimento da condição de refugiado. Neste contexto, é imprescindível o enfrentamento de tais problemas, compatibilizando o instituto do refúgio com as necessidades das primeiras décadas do século XXI.The international refugee law is one of the most important mechanisms of international protection of the individual, being object of a Convention with a high number of ratifications and of even more protective national legislation. Notwithstanding all the existing legal norms, which were developed to deal with the challenges posed by the frequent emigrational flows that marked the first half of the twentieth century, recent phenomena have made the need of at least partial - revision evident. Border control policies adopted in Europe led to an increasing flow of refugees between southern states. At the same time, the transfer of some European border control activities to the high seas - phenomenon also observed in Southeast Asia led to a collision between the international refugee law and the law of the sea. Meanwhile, Brazil, which had no relevant recent history of receiving migrants, faces great difficulty in ensuring even the recognition of refugee status. In this context, it is essential to face these problems, adapting the refuge to the needs of the first decades of the twenty-first century.
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Prellwitz, Marina. "Protecting the Rightless - Are Refugees’ Rights Still the Paradox of Human Rights? : A Case Study of Refugee Children’s Access to Education in Lebanon". Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-294944.
Testo completoAbstract (sommario):
This thesis explores the relationship between citizenship and human rights by focusing on refugee’s rights. The study is based on Hannah Arendt’s theories that when someone loses state-protection human rights appear weak, and one finds oneself in a state of rightlessness (1976). She developed her thoughts during the refugee crisis after the Second World War, and by discussing her theories in relationship to a field study performed in Lebanon this thesis applies her theories on the current refugee crisis, investigating how applicable her theories are on refugees today. This opens up a discussion on if and how the modern human right framework has managed to solve some of the issues that were present for refugees more than 50 years ago. The empirical study is based on a minor field study in Lebanon concerning refugee children’s right to education. By performing interviews and observations, the obstacles that these children face are presented and analysed according to a framework on vulnerabilities that migrant’s face developed by Sabates-Wheeler and Feldman (2011). The result of this study is a discussion that connects the theoretical framework with the empirical findings by discussing traits in the relevant theories in connection to the case study. The thesis finally concludes that many vulnerabilities that Arendt discussed still affects refugee’s lives today, despite the development of human rights.
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Diab, Soha. "Beyond borders: unaccompanied refugee minors and access to protection". Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32411.
Testo completoAbstract (sommario):
The thesis seeks to explore the challenges faced by unaccompanied refugee minors when seeking refugee protection. It will examine the way in which discourses and policies, both in Canada and internationally, undermine unaccompanied refugee minors accessing refugee protection or being successful in their claim. Relying mainly on post-colonial theory, the thesis will address the historical context that created the phenomenon of forced migration of children, and the role the Global North plays in perpetuating it. Further, the thesis questions and problematizes knowledge that it is taken for granted. It relies mainly on postcolonial theories and Foucault's concept of power to understand how human subjects, especially those from the Global South, have been constructed. It also examines how this population of children became constructed as "problems" and the role of discourses in assuming the nature of these problems. The thesis also provides an in depth analysis of policy concerning unaccompanied refugee minors. Three international protection instruments will be focused on: the Convention of the Rights of the Child (CRC), 1951 United Nations Convention Relating to the Status of Refugee and UNHCR 1997 Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum, and two Canadian protection instruments, the Child Refugee Claimants Procedural And Evidentiary Issues and the Immigration and Refugee Protection Act. This thesis aims to shift and alter popular beliefs and perceptions about the issue of unaccompanied refugee minors in the hope of bringing about cultural-philosophical shift in attitudes.Ce mémoire étudie les défis auxquels les enfants réfugiés non accompagnés d'un adulte sont confrontés dans leur démarche de recherche d'une terre d'accueil. On y examine comment les discours et les politiques tenus tant au Canada qu'ailleurs dans le monde, minent les efforts des enfants réfugiés non accompagnés d'adulte dans leur tentative d'accéder au statut de réfugier et d'obtenir une réponse positive à leur requête. En se basant principalement sur des théories post colonialiste, ce mémoire rappelle le contexte historique à la base du phénomène de l'immigration forcée des enfants et souligne le rôle que les pays du nord continuent de jouer en perpétuant cette réalité. On questionne également, dans ce mémoire, les lieus communs qui sont généralement accepté par le plus grand nombre. En plus des théories post colonialistes, l'argumentaire s'appuie principalement sur le concept du pouvoir de Foucault pour comprendre le conditionnement que les hommes, principalement ceux des pays du sud, subissent. On y étudie aussi comment on en est venu à percevoir ces enfants comme « un problème » et le rôle qu'à joué l'argumentaire dans la construction de cette perception. Ce mémoire propose également une analyse en profondeur des politiques concernant les enfants réfugiés non accompagnés d'un adulte. On n'y étudie trois mécanismes international de protection: the Convention of the Rights of the Child (CRC), 1951 United Nations Convention Relating to the Status of Refugee and UNHCR 1997 Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum, ainsi que deux mécanisme canadiens: the Child Refugee Clai
46
Axelson, Joanna. "The International System of Refugee Protection: A Regime Analysis". Thesis, Linköping University, Department of Management and Economics, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2708.
Testo completoAbstract (sommario):
The thesis examines the international refugee protection system in order to discover whether or not the system constitutes an international regime, as defined by international relations literature. To do so, it formulates a theoretical framework combining neoliberal and constructivist approaches to regime theory. It closely examines the legal documents that provide the normative and procedural framework of the protection system (such as the 1951 Convention Relating to the Status of Refugees, various regional agreements, as well as certain human rights documents) and discusses the legal, political, and moral obligation that these documents instill upon the member states of the protection system. It evaluates the principles, norms, rules, and decision- making procedures provided by the system, and compares them to the necessary criteria of an international regime in neoliberal theory. The purpose of trying to discover whether the refugee system constitutes an international regime is to show that if it is a regime, states are no longer afforded the full freedom of action and decision-making under the doctrine of sovereignty and that they have a certain level of obligation to abide by regime rules and help in the upkeep of the regime. After showing that the system constitutes a ‘strong promotional’ international regime, it discusses the importance of the regime within the international state system. It evaluates how it brings about cooperation and increasedstability within the regime, and lowers the costs of bargaining in order to bring about mutual gains for regime members. The thesis then examines the pre- and post-entry restrictive measures used by countries and attempts to prove whether or not the use of the measures constitutes a change in, or of, the regime, or a potential weakening of the regime. The thesis concludes that while the refugee regime itself is not changing, there is increasing incoherence between the proscribed behaviour of the regime and state action, which translates into a weakening of the regime. The regime analysis discusses the role the refugee protection regime plays within the international system as a whole and how this role is evolving through the use of restrictive measures.
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Thorburn, Joanne. "Refugee protection in Europe : lessons of the Yugoslav crisis". Thesis, University of Kent, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.318109.
Testo completo
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Herfurth, Margaretha. "Tracking the evolution of the norm of refugee protection". Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12034.
Testo completoAbstract (sommario):
Includes abstract.The Convention Relating to the Status of Refugees not only, it is argued in this paper, established the international refugee regime with a strong relation to human rights, but also laid the groundwork for the establishment of a norm of refugee protection as a standard of appropriate behaviour toward refugees. The paper aims to prove this first assertion by employing the Constructivist-based norm life-cycle theoretical framework advanced by Martha Finnemore and Kathryn Sikkink. This paper will show that a norm of refugee protection was established over time but that its tenets have increasingly been ignored by states thereby eroding the initial norm of refugee protection. ... The second assertion with which this paper is faced therefore is that the intensity of the erosion of this norm of refugee protection is such that its continued existence is questionable.
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Louw, Danielle. "Investigating South Africa's protection of refugee womxn: Refugee womxn's access to housing, inclusion into the labour market and protection from gender-based violence". Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/32774.
Testo completoAbstract (sommario):
This paper investigates the integration experience of refugee womxn in South Africa. It focuses on the areas of access to housing, employment and protection from gender-based violence. Through a human rights approach, influenced by intersectional feminist theory, it analyses the international normative and South African domestic framework and discusses its gaps and challenges. Thereafter, an overview of the experience of refugee womxn's access to housing, employment and protection from gender-based violence internationally and in South Africa is presented. Lastly, recommendations are made to the South African state suggesting reform in law, policy and practice.
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Skeels, Anna Clare. "Beyond 'boxed in' : reconfiguring refugee children's participation in protection in Kyaka II". Thesis, Swansea University, 2014. https://cronfa.swan.ac.uk/Record/cronfa42608.
Testo completoAbstract (sommario):
This thesis is concerned with a 'problem' in a humanitarian context: an identified gap between the rhetoric and 'reality' of refugee children's participation in their protection and a refugee protection process that is thought not particularly participatory for the child. Through directly engaging with refugee children and humanitarian practitioners - in Kyaka II Refugee Settlement, Uganda - it seeks to explore empirically the extent to which this is the case and whether refugee children's increased participation in refugee protection procedures might produce a better, safer alternative for children. From a theoretical perspective, this thesis engages critically with a significant body of academic literature on the theory and practice of children's participation as well as related literature on the conceptualisation of 'childhood' and 'the child'. It explores the ambiguity and tensions in children's participation, particularly in relation to their protection, and responds to debates surrounding participation, agency and power. It engages with the literature on forced migration, refugee camps and the construction of the refugee (child). Linking these to the debate on children's participation in protection, it explores notions of 'vulnerability' and 'agency' and the transformative potential of participation for a reconstruction of refugee children with consequences for their everyday spaces and lives.