Artykuły w czasopismach na temat „Prevention of statelessness”
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1
Southwick, Katherine G. "How Statelessness Matters to Atrocity Prevention: Lessons from the Rohingya Case". Proceedings of the ASIL Annual Meeting 115 (2021): 203–6. http://dx.doi.org/10.1017/amp.2021.107.
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The plight of the Rohingya, a persecuted minority from western Myanmar, highlights basic yet underexamined links between statelessness and mass atrocities. In turn, the Rohingya case underscores how statelessness matters to law and practice regarding atrocity prevention, and suggests that norms to prevent statelessness and secure nationality rights warrant greater emphasis in the field of atrocity prevention.
2
Manly, Mark. "UNHCR’s Mandate and Activities to Address Statelessness in Europe". European Journal of Migration and Law 14, nr 3 (2012): 261–77. http://dx.doi.org/10.1163/15718166-12342007.
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Abstract 2011 marked the 50th anniversary of the 1961 Convention on the Reduction of Statelessness. The year was marked by stepped-up, unprecedented activity, culminating in a ministerial-level conference organised by UNHCR, which proved to be a watershed for international efforts on statelessness. The anniversary was also a sobering reminder, however. Fifty years after the adoption of the Convention, statelessness remains a significant problem in Europe and around the world. This article takes stock of statelessness in Europe, understood here as the countries which belong to the Council of Europe, by looking at the four key components of UNHCR’s mandate: identification, prevention and reduction of statelessness and the protection of stateless persons. It does so by looking at some of the key activities undertaken with regard to each of these areas in turn, and ends with a brief analysis of where things stand following the anniversary of 1961 Convention.
3
Stein, Jill. "The Prevention of Child Statelessness at Birth: The uncrc Committee’s Role and Potential". International Journal of Children’s Rights 24, nr 3 (24.10.2016): 599–623. http://dx.doi.org/10.1163/15718182-02403005.
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This article focuses on the role and potential of the un Committee on the Rights of the Child with regard to the prevention of statelessness at birth by looking to what extent this topic has been addressed and how this can be improved. It discusses what obligations follow from the Convention on the Rights of the Child (crc) with regard to the prevention of statelessness, such as the right to acquire a nationality and birth registration (article 7, crc). In addition, its monitoring framework is assessed, inter alia, by analysing 419 Concluding Observations of the crc Committee. On the basis of identified gaps, it provides several recommendations, including a designed new general comment.
4
Kanics, Jyothi. "Preventing and Addressing Statelessness". Tilburg Law Review 19, nr 1-2 (1.01.2014): 117–26. http://dx.doi.org/10.1163/22112596-01902012.
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R K, Biju. "Childhood Statelessness: Critiquing International Norms and Enforcement Strategies". Brawijaya Law Journal 8, nr 1 (30.04.2021): 113–31. http://dx.doi.org/10.21776/ub.blj.2021.008.01.07.
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Over the past decade, there has been renewed interest in and commitment to resolving the endemic problem of statelessness, most clearly exemplified by the United Nations High Commissioner for Refugees’ Global Action Plan to End Statelessness 2014-24, which sets out to end statelessness by 2024. Despite the plethora of recent attention to questions of citizenship, its converse, the problem of statelessness and its effect on children, has not been adequately investigated. This paper attempts to delineate the causes of childhood statelessness in particular and to analyze the international legal framework for reducing and preventing it. It examines how statelessness is created, how it persists and why it brings with it the deprivations it does. It then subjects the customary and modern international legal norms governing childhood statelessness and enforcement strategies at Global level to close scrutiny and identifies the clearly discernible drawbacks and road blocks. It concludes with suggestions, inter alia, to make the jus soli citizenship a mandatory default clause in the citizenship laws of every country, to further prioritize birth registration and data collection and to strengthen the UPR process and reporting procedure.
6
Alexander, Heather. "The US Supreme Court in Sessions v Morales-Santana: Preventing Statelessness for Children Born Abroad". Statelessness & Citizenship Review 1, nr 2 (17.12.2019): 330–42. http://dx.doi.org/10.35715/scr1002.118.
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Hasanah, Uswatun, i Elly Adriana Binti Ibrahim. "Exploring International Legal Challenges For Unhcr In Dealing With Rohingya Refugees In Aceh, Indonesia". Jurnal Ilmu Hukum Tambun Bungai 9, nr 1 (1.06.2024): 426–39. http://dx.doi.org/10.61394/jihtb.v9i1.382.
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The difficulties the UNHCR has managing Rohingya refugees in Indonesia are the main topic of this article. This article focuses on the challenges faced by the United Nations High Commissioner for Refugees (UNHCR) in managing Rohingya refugees in Indonesia. As the primary international agency tasked with refugee management globally, the UNHCR plays a crucial role in preventing statelessness, determining refugee status, and providing comprehensive remedies. However, the study reveals that despite receiving approval from the Indonesian government to operate, the UNHCR encounters difficulties in fulfilling its mandate to assist Indonesia's ethnic Rohingya refugees. This limitation is attributed to the escalating number of asylum seekers in Indonesia requiring aid. The research utilizes content analysis to delve into UNHCR's struggles with Rohingya refugees, gathering and analyzing various sources such as reports, studies, news, and policies related to Rohingya refugees in Aceh. Through this method, the study uncovers patterns and challenges encountered by the UNHCR, including managing crises and navigating international and local cooperation. Ultimately, this research provides a detailed understanding of the complexities surrounding the Rohingya refugee crisis in Aceh.
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Kamil, Rizqan, i Muhammad Fahmi Basyhah Fauzi. "Should There Be A Second Chance for Ex-ISIS Indonesians?" JILS (Journal of International and Local Studies) 7, nr 2 (31.07.2023): 52–58. http://dx.doi.org/10.56326/jils.v7i2.3031.
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The year of 2019 was hard on Islamic State in Iraq and Syria (ISIS), they lost their main territories and suffer from collapsing until finally lost their leader, al-Baghdadi, by US attack late October 2019. The situation led to the escape of thousands of their ex-members that currently stranded in several different refugee camps in Syria, among the thousands several hundred are Indonesian citizens. On February 11th 2020, the Indonesian government decided to not taking back all 689 Indonesian citizens that previously involved in the mentioned terrorist organization. This decision was taken under the pretext of preventing radical ideas to develop in Indonesia’s soil and ensuring the safety of Indonesian people from the threats of terrorism. Within this paper, we would like to challenge Indonesia’s decision by assessing the situation through the concept of international law and international security. According to the Universal Declaration of Human Rights and 1961 Convention on Reduction of Statelessness, every country should prevent its citizens from being stateless, thus Indonesia is in no position to reject its citizens and must assist them to get back to their country. Using the notion of international security, it is theoretically more beneficial for Indonesia to take their citizens back, rejection may lead to more dangerous retaliation by the abandoned citizens and could possibly cause bigger harm in their current state. This paper will try to offer alternative viewpoints to the current Indonesia’s policy.
9
Frantseva, K. O. "Rights of stateless persons in the Law of the European Union". Uzhhorod National University Herald. Series: Law 3, nr 82 (10.06.2024): 267–72. http://dx.doi.org/10.24144/2307-3322.2024.82.3.42.
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The issue of protecting the rights of stateless persons remains relevant despite a number of international treaties aimed at preventing this negative legal phenomenon. The purpose of this article is to research and establish the peculiarities of the regulation of the legal status of stateless persons in the law of the European Union. The relevance of the chosen topic is due to the lack of comprehensive research and domestic science, as well as the need to study the legal standards of the European Union in the context of acquiring membership in this organization and the need to bring domestic legislation to the EU acquis. It has been established that the legal regime applied to stateless persons is close to that applied to persons who have the citizenship of third countries. At the same time, EU member states retain the right to determine the content of national citizenship, in particular, the grounds for acquisition and loss. However, this should take place taking into account their international obligations, as well as obligations related to EU membership, and be based on the principles of non-discrimination, legal certainty, ensuring gender equality, etc. Current EU regulations contain only minimum legal standards for the rights of stateless persons, which must be ensured by member states in their national legislation. It has been demonstrated that the lack of a single legislative approach to the definition of a stateless person among the EU member states can have negative consequences. Conclusions. The key practical problem in EU law today remains the need to introduce a single, unified for EU member states approach to determining a stateless person, as well as measures aimed at reducing cases of statelessness. Further development of EU law in this area should be aimed at convergence of the legislation of the member states in this area.
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Almashi, I. M. "Cooperation between the state authorities of the Ukraine and Office of the United Nations High Commissioner for Refugees: legal principles and directions for improvement". Uzhhorod National University Herald. Series: Law 2, nr 76 (14.06.2023): 184–90. http://dx.doi.org/10.24144/2307-3322.2022.76.2.31.
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This article discloses the main legal principles of cooperation between the authorized state bodies of Ukraine and the Office of United Nations High Commissioner for Refugees, whose activities in the conditions of full-scale armed aggression against our country are not just extremely important for a person, but vitally necessary. It is worth noting that until the aggressor invaded the territory of our country, the activities of High Commissioner were limited to the issues of persons who were and are refugees from other countries. Today, unfortunately, the Office of High Commissioner exercises its powers also in foreign countries in relation to refugees - our citizens. The United Nations High Commissioner for Refugees was founded in 1950 as an international institution whose main task is to help and protect refugees. The need for this body is also explained by the fact that from the moment of its creation, its powers were limited in time, then extended for five years for dozens of years.In December 2003, the UN General Assembly adopted a resolution according to which UN High Commissioner for Refugees shall act indefinitely until the refugee problem is resolved. Throughout its history, this international institution has helped more than 50 million people. Through its missions, which UN High Commissioner for Refugees has the right to establish on the territory of Ukraine, the latter provides assistance and provides protection to refugees on the territory of Ukraine.According to the Statute, High Commissioner ensures the protection of refugees, the care of which falls within the competence of his Office also by facilitating, with the help of special agreements with governments, the implementation of any measures aimed at alleviating the situation of refugees and reducing the number of refugees in need of protection; promoting governmental and private efforts aimed at encouraging the voluntary repatriation of refugees or their assimilation in new countries. However, it should be noted on the issue of the return to Ukraine of forcibly deported children - citizens of Ukraine and children who lived on the territory of Ukraine. In order to solve this problem, on February 24, 2023, the Verkhovna Rada of Ukraine adopted Resolution No. 2947-IX, which approved an appeal to international institutions, including UN High Commissioner for Refugees, with the demand to urgently take decisive measures to protect children — citizens of Ukraine and children, who lived on the territory of Ukraine, with the aim of: stopping the genocide of the Ukrainian people in terms of the forced deportation to the territory of the aggressor state or within the temporarily occupied territories of Ukraine of children who are citizens of Ukraine. It is worth adopting a law to regulate the issue of repatriation of forcibly deported citizens of Ukraine, including children, from the territory of the aggressor.The activity of the UN High Commissioner for Refugees in preventing cases of statelessness is also important
11
"Statelessness: Prevention and Reduction of Statelessness and Protection of Stateless Persons". Refugee Survey Quarterly 26, nr 1 (1.01.2007): 127–31. http://dx.doi.org/10.1093/rsq/hdi0207.
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"CONCLUSION ON THE PREVENTION AND REDUCTION OF STATELESSNESS AND THE PROTECTION OF STATELESSNESS PERSONS". Refugee Survey Quarterly 14, nr 3 (1995): 79–80. http://dx.doi.org/10.1093/rsq/14.3.79.
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Avlessi, Renaud Fiacre. "La prévention de l’apatridie dans le système africain des droits de l’homme". African Human Rights Yearbook / Annuaire Africain des Droits de l’Homme 3 (3.03.2022). http://dx.doi.org/10.29053/2523-1367/2019/v3a14.
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RÉSUMÉ:
L’apatridie n’est pas un phénomène nouveau en Afrique. Cependant, il a pris des tournures inquiétantes ces dernières années. Cette contribution questionne l’apport des normes juridiques du système africain des droits de l’homme dans la prévention de l’apatridie. L’analyse se base fondamentalement sur la Charte africaine des droits de l’homme et des peuples, ses instruments connexes et la pratique de la Commission et de la Cour africaines des droits de l’homme et des peuples. L’article aboutie à deux résultats. D’abord, il constate que l’arsenal normatif en matière de prévention de l’apatridie en Afrique n’est pas totalement satisfaisant. Ensuite, il démontre que la Cour et la Commission de par leurs jurisprudences, jouent un rôle important dans la prévention du phénomène. En vue d’une protection étanche à l’avenir, l’auteur propose d’une part, l’adoption et l’entrée en vigueur imminente du protocole à la Charte africaine sur les aspects spécifiques du droit à la nationalité et l’éradication de l’apatridie en Afrique, d’autre part, l’érection des garanties au plan national contre l’apatridie et le respect des décisions issues des mécanismes de contrôle de la Charte africaine par les Etats.
TITLE AND ABSTRACT IN ENGLISH:
Prevention of statelessness under the African human rights system
ABSTRACT:
Although statelessness is not a new phenomenon in Africa, its recent developments are worrisome. This article interrogates the extent to which African human rights norms contributed to prevent statelessness. The analysis is essentially based on the African Charter on Human and Peoples’ Rights and its protocols and on the practice of the African Court and Commission on Human and Peoples’ Rights. The article finds that African human rights norms are not sufficiently equipped to prevent statelessness although the African Court and Commission have played important role in the prevention of statelessness. It recommends the rapid adoption and entry into force of the Protocol to the African Charter on Human and Peoples’ Rights on the Specific Aspects on the Right to a Nationality and the Eradication of Statelessness in Africa. It also recommends that domestic legislation aiming to prevent statelessness should be adopted whilst urging respect of decisions issued by the African Court and Commission on Human and Peoples’ Rights.
14
Foster, Michelle, Jane McAdam i Davina Wadley. "Part Two: The Prevention and Reduction of Statelessness in Australia — An Ongoing Challenge". SSRN Electronic Journal, 2017. http://dx.doi.org/10.2139/ssrn.3367970.
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"Prevention and Reduction of Statelessness and Protection of Stateless Persons, EC/57/SC/CRP.6, 14 February 2006". Refugee Survey Quarterly 25, nr 3 (1.01.2006): 72–76. http://dx.doi.org/10.1093/rsq/hdi0148.
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Jahnig, Michaela, i Leah Ndimurwimo. "The Impact of Climate Change in the Southern African Region and Statelessness". AFRICAN HUMAN MOBILITY REVIEW 8, nr 3 (2022). http://dx.doi.org/10.14426/ahmr.v8i3.1134.
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The right to nationality is among the fundamental rights that are recognisable under international and regional treaties, as well as national laws. Under international law, the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness (collectively the “Statelessness Conventions”), for example, were adopted to promote and protect the right to nationality and eradicate statelessness. There are three ways by which nationality can be acquired: by descent or parentage (jus sanguinis – law of the blood), by birth on the territory (jus soli – law of the soil), or by way of naturalization which includes (jus domicili or long residence). However, the determination of nationality remains ambiguous, and statelessness is becoming a major concern in the Southern African Region. Statelessness often occurs due to the lacunae found in the laws, policies, and practices of states that deny individuals their right to nationality, at birth or later in life. Stateless persons become unfairly marginalised and denied their basic human rights and access to services, legal protection, and recognition. Statelessness is not only harmful to stateless persons themselves but can destabilise the society in which such persons live. This article investigates the risks of statelessness that can be associated with cross-border and permanent displacement due to the impacts of climate change. It evaluates the likelihood that such circumstances may lead to uncertain rights and legal statuses of stateless persons, issues that have the potential to be passed on to subsequent generations. The article concludes with recommended solutions for effectively preventing statelessness and for protecting and promoting the rights of stateless persons in the Southern African Region, specifically South Africa, Mozambique, and Tanzania.
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"Human Trafficking NGOs in Thailand: A Two-Site Case Study of the Children Served in Education Programs". Slavery Today Journal 1, nr 2 (lipiec 2014): 93–118. http://dx.doi.org/10.22150/stj/bpvm5076.
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In this qualitative case study, two Thai Non-Governmental Organizations (NGO) shelters/schools working with human trafficking survivors and at-risk populations of children ages 5-18 were examined. This study takes the stance that the work of the NGOs needs to be understood through the first-hand perceptions and attitudes of NGO staff and the children they serve. Education is an intervention designed to achieve the mission of both NGOs. Education is treated as a means of preventing human trafficking and protecting human trafficking survivors from returning to exploitative situations, though the effectiveness of the intervention is unclear. This study sought an understanding of the perceptions and attitudes of the staff and children at the NGOs. Thematic findings explored cultural, social, economic and political issues impacting the children served at the NGOs. The issues of statelessness and poverty as well as secondary issues were explored through interviews with students, teachers and staff at the NGOs. NGO efforts to reduce the vulnerability of children are discussed, as well as the barriers that both children and NGOs face in vulnerability reduction efforts.
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ÜNSAL, Hande. "Evaluation of Certain Provisions of the Turkish Nationality Act No. 5901 in the Context of the Goal of "Preventing Statelessness"". Sakarya Üniversitesi Hukuk Fakültesi Dergisi, 13.12.2023. http://dx.doi.org/10.56701/shd.1373034.
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Vatansızlık statüsünün hem devletler hem de bireyler bakımından sakıncalı sonuçları bulunmaktadır. Bu nedenle vatansızlık uluslararası toplumun gündemini uzun süredir meşgul eden konular arasındadır. Nitekim vatandaşlık hukukunun köklü bir ilkesi olan “herkesin bir vatandaşlığı olmalıdır” ilkesi vatansızlık hallerinin önlenmesi amacına hizmet etmektedir. Devletler bu amaçla vatandaşlık düzenlemeleri kapsamında çeşitli önlemlere yer vermektedirler. Ayrıca, uluslararası sözleşmeler kapsamında vatansızlığın önlenmesine yönelik kurallar benimsenmektedir. “Herkesin bir vatandaşlığı olmalıdır” ilkesi Türk Vatandaşlık Hukukunca da benimsenmiş, 5901 Sayılı Türk Vatandaşlığı Kanunu (TVK) kapsamında vatansızlığın önlenmesine yönelik çeşitli hükümlere yer verilmiştir. Çalışmamız TVK’nın bazı hükümlerinin vatansızlığın önlenmesi hedefi odağında değerlendirilmesine ilişkindir. Değerlendirme kapsamında Türk Vatandaşlığı Kanunu’nun vatandaşlığının kazanılmasına ve kaybına ilişkin düzenlemelerinin vatansızlığın önlenmesi hedefi bağlamında uluslararası sözleşmelerle uyumluluğu da ele alınmaktadır. Vatansızlığın önlenmesine ilişkin en önemli sözleşmelerden biri münhasıran vatansızlığın önlenmesine yönelik olan 1961 tarihli Vatansızlığın Azaltılmasına Dair Birleşmiş Milletler Sözleşmesi’dir (CRS). Bunun yanı sıra Avrupa Vatandaşlık Sözleşmesi (AVS) kapsamında da vatansızlığın önlenmesine ilişkin hükümler yer almaktadır. Türkiye Cumhuriyeti CRS ve AVS’ye taraf değildir. Ancak bu Sözleşmeler vatansızlığın önlenmesine ilişkin genel eğilim ve önlemleri belirlemeleri bakımından önem taşımaktadırlar. Bu nedenle Türk Vatandaşlığı Kanunu hükümlerinin uluslararası sözleşmelerle uyumluluğuna ilişkin değerlendirmeler özellikle bu iki Sözleşme üzerinde yoğunlaşmaktadır.
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El Masri, Yafa. "72 Years of Homemaking in Waiting Zones: Lebanon's “Permanently Temporary” Palestinian Refugee Camps". Frontiers in Sociology 5 (26.11.2020). http://dx.doi.org/10.3389/fsoc.2020.587063.
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The “permanently temporary” Palestinian refugee community, present in Lebanon since 1948 with no solution in sight, has the highest rate of abject poverty within all five areas of operation of United Nations Relief and Works Agency for Palestinians in the Near East (UNRWA), and it still occupies the same limited geographic space it did 72 years ago. This harsh reality stems from the refugees' statelessness but is also worsened by the local conditions imposed by the Lebanese legislation and (non)settlement policy aimed at preventing refugees from becoming permanent. Within this situation, we look at practices of agency enacted by camp dwellers to provide lacking life necessities and improve living conditions in the camps. This paper will identify and analyze coping mechanisms and homemaking practices undertaken by Palestinian refugees in Lebanon, operating within the framework set by Brun and Fábos (2015), which conceptualized home and homemaking for people in protracted displacement through identifying a refugee's “home, Home and HOME.” Building on Donna Haraway's concept of situated knowledge, this paper uses data collected from participant observations, interviews, ethnographic and autoethnographic recordings analyzed through the lens of my own positioned rationality as a Palestinian refugee from Lebanon. Further, the paper will explore how Palestinian refugees establish camp spaces as a “home-Home-HOME,” despite their uncertain futures, through vertical expansion of buildings, stories and family bonding, in addition to trading and micro-markets. The paper will also deduce how refugees' informal coping mechanisms offer a way of strengthening community bonds, making home in those, otherwise, uncomfortable “waiting zones,” and finally, envisioning new ideas for restructuring the camp beyond the rule of formal institutions.