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Artykuły w czasopismach na temat "Refugees – Legal status, laws, etc. – Europe"
1
Jastisia, Mentari. "PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH". Yustitia 7, nr 2 (15.10.2021): 148–58. http://dx.doi.org/10.31943/yustitia.v7i2.142.
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Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe
2
Volodko, Anna. "On the Problem of Humanitarian Activities of F. Nansen (on the 160th Anniversary of His Birth)". OOO "Zhurnal "Voprosy Istorii" 2021, nr 12-1 (1.12.2021): 203–10. http://dx.doi.org/10.31166/voprosyistorii202112statyi14.
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The article is prepared for the 160th anniversary of the birth of the outstanding Norwegian scientist and humanist F. Nansen. The main directions of his humanitarian activities are considered: repatriation of prisoners of war after the First World War; assistance to refugees in Europe, including in determining their legal status abroad and granting them rights ensuring freedom of movement and legal employment; introduction of the “Nansen passport” as an official document; participation in the resolution of the refugee-related crisis as a result of the Greco-Turkish war of 1919-1922, evacuation of Christians and Muslims and assistance in settling in a new place; organization of assistance to the starving population of Russia, etc.
3
Plotnikova, M. V. "The role of The Development Bank of The Council of Europe in the social integration of refugees and persons in need of temporary protection". Analytical and Comparative Jurisprudence, nr 5 (30.12.2022): 429–34. http://dx.doi.org/10.24144/2788-6018.2022.05.79.
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The article deals with a common problem for the member states of the Council of Europe related to a large number of displaced persons who find themselves in a new society, which determines the processes of integration of refugees and persons in need of temporary protection. Due to the aggression of the Russian Federation, there is a new wave of displaced persons in European countries who, in accordance with EU law, may be granted the status of a person in need of temporary protection. It is determined that integration is a process that should be influenced through the implementation of appropriate public policies. Integration of migrants and persons in need of temporary protection will make their social exclusion impossible. To accelerate the integration processes, the States need resources, one of the sources of which is the Council of Europe Development Bank. The legal status of the Development Bank of the Council of Europe, which is a financial institution whose main purpose is to perform social tasks, in particular to solve problems related to the presence of refugees, is investigated. The Council of Europe Development Bank was established through the signing of a partial agreement of the Council of Europe, which allows states to choose to participate in this agreement or not. It is advisable for Ukraine to become a member of the Council of Europe Development Bank in order to use the appropriate financial mechanisms to realize the rights of internally displaced persons. The sources of formation of the fund and directions of their use are determined. One of the target funds of the Council of Europe Development Bank is the Migrants and Refugees Fund, which supports the member states of the Council of Europe Development Bank in accommodating migrants and refugees arriving on their territory by providing grants and loans to these states. This provides additional resources for the social integration of refugees and persons in need of temporary protection. These resources are needed for social assistance, accommodation of these persons, medical care, language courses, etc. that will ensure their social integration into the society of the host country. Thus, the Development Bank of the Council of Europe is an element of the system of guarantees of the rights of refugees and persons in need of temporary protection, helping member states to implement policies of integration of these persons.
4
Vasilev, A. A., S. Groysman, Ya Stoilov i Yu V. Pechatnova. "HIERARCHY OF RUSSIAN LAW SOURCES: AN ANALYSIS OF LEGISLATION AND DOCTRINE THROUGH THE COMPARATIVE LEGAL PRISM OF BULGARIAN LAW". Вестник Пермского университета. Юридические науки, nr 3(61) (2023): 390–402. http://dx.doi.org/10.17072/1995-4190-2023-61-390-402.
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Introduction: the article analyzes the conceptual problem of the formation of the ‘law on laws’, evaluates different approaches to the study of the system of normative legal acts, formulates the prerequisites for the uniform legal regulation of the hierarchy of sources of law. Purpose and objectives: the aim of the study is a legislative and doctrinal analysis of Russian and Bulgarian law from the perspective of the development of the law on normative legal acts. To this end, the authors set the following research tasks: firstly, to study the hierarchy of law as a conceptual problem and object of legal regulation; secondly, to study the problem of the status of judicial sources; thirdly, to research the place of doctrine in the hierarchy of law; fourthly, to analyze legislative regulation of the hierarchy of law through the prism of application of doctrinal developments. Results: the article discusses various bills aimed at legal regulation of sources of law (1996, 2014, 2021). The authors analyze the Bulgarian law of 1973 ‘On Normative Legal Acts’, which is one of the earliest and most famous ‘laws on laws’ in Eastern Europe, as a positive experience of legal regulation of the hierarchy and system of normative legal acts. The paper describes the general characteristics of the systems of normative legal acts in Russia and Bulgaria. Similar features include the priority place of constitutional acts in the system of normative legal acts, the problem of interaction between international and domestic law, the essential importance of judicial practice for the development of legal systems, the secondary position of legal doctrine, discrepancies in the principles of law, controversial issues of the recognition of legal custom, etc. The authors analyze related problems of sources of law, the role of legal doctrine, the relationship between domestic and international law.
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Dei, M., i A. Kochkova. "Peculiarities of insight of the European charter on the status of judges in the context of protecting their labor rights". Fundamental and applied researches in practice of leading scientific schools 28, nr 4 (1.09.2018): 16–22. http://dx.doi.org/10.33531/farplss.2018.4.03.
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The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.
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Kaminska, Nataliia, i Vladyslav Boiko. "International legal standards for the protection of internally displaced persons: theoretical and practical aspects". ScienceRise: Juridical Science, nr 3(25) (13.09.2023): 57–63. http://dx.doi.org/10.15587/2523-4153.2023.286478.
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The article analyzes the system of international legal standards for the protection of the rights and freedoms of internally displaced persons, their doctrinal sources, and mechanisms for ensuring them. The purpose of the article is to study the existing international legal standards on the protection of the rights and freedoms of internally displaced persons, their theoretical, contractual and institutional foundations, implementation problems and identification of improvement prospects.
It is substantiated, that the system of standards for the protection of IDPs constitutes a kind of international mechanism for ensuring the status, first of all, the rights and freedoms of IDPs, the corresponding guarantees, which are regulated by the norms of universal, regional and special treaties, are implemented by authorized subjects at various levels and spheres of life. The standards of the universal, supranational, regional levels, ones of mandatory legal force and recommendatory, permanent and temporary, etc. are distinguished.
Compared to refugees, who have a special mechanism of international protection, IDPs acquire protection indirectly, as they are under the legal protection of their country of citizenship and residence, its government, etc. Attention was drawn to the significance of the Guidelines of 1998, which are based on numerous acts of the Council of Europe, the EU, etc. However, the existing standards regarding IDPs do not have a unified character, as well as the corresponding institutional mechanism.
Therefore, at the national level, the authorized bodies are assigned a significant amount of tasks, functions, and powers to ensure the rights and freedoms of IDPs, guarantee their implementation and protection, restore violated rights, and implement international standards and best foreign practices. Therefore, it is natural to improve the legislation of Ukraine, ensure effective and accessible procedures, and integrate IDPs into the life of the community, society and the state. It is expedient to activate our state in international law-making on the issue of IDPs for the solution of existing problems, first of all, their social protection, electoral rights, housing and land rights, provision of legal assistance, etc
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Vedyashkin, Sergey V., Yuri I. Migachev i Maksim M. Polyakov. "Administrative and legal forms and methods of countering corruption in the Russian Federation and the Republic of Belarus". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, nr 45 (2022): 38–49. http://dx.doi.org/10.17223/22253513/45/3.
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Corruption is one of the main threats to the entire world community. The Russian Federation takes an active part in countering this negative phenomenon. This is expressed in anti-corruption cooperation at the level of international organizations, as well as in the adoption and further ratification of international legal acts. Russia is a member of the Commonwealth of Independent States (CIS), within which model laws are adopted, which created the preconditions for the formation of the most important anti-corruption institutions, which subsequently began to be introduced into the Russian legal system: anti-corruption expertise of legal acts, anticorruption monitoring, anti-corruption standards, anti-corruption programs, status reports corruption and implementation of anti-corruption policy measures, etc. The administrative and legal forms and methods of combating corruption in Russia are enshrined in federal laws, as well as in the laws of the constituent entities of the Russian Federation. The main form of countering corruption in Russia is government plans and programs. With regard to the field of functioning of the civil service in the Russian Federation, such an administrative and legal form as anti-corruption standards is actively developing, including a unified system of prohibitions, restrictions and permissions that ensure the prevention of corruption. Another important promising legal form of combating corruption in public administration is special administrative regulations related to ensuring the implementation of anti-corruption measures. In Belarus, a model of combating corruption is being implemented very similar to the Russian one. According to the legislation of the Republic of Belarus, public control is actively used in the fight against corruption. At the national level, special criteria for assessing the activities of state bodies and other organizations in the fight against corruption and economic offenses have been approved. One of the rather interesting anti-corruption measures used in Belarus is the payment of remuneration to an individual who contributed to the identification of corruption. The authors came to the conclusion that the de facto "ideal" model of combating corruption in the world simply does not exist. There are examples of individual countries that have indeed achieved significant results in the fight against corruption. Existing trends in domestic practice reflect a gradual shift away from the use of tough anti-corruption measures towards more flexible economic and administrative mechanisms, which are showing their effectiveness in some countries of Europe and Asia. It is important to continue working in this direction, to improve the legal and organizational foundations of combating corruption, and to gradually introduce effective anticorruption forms and methods into Russian practice. The authors declare no conflicts of interests.
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Hladkyi, A. O. "International institutional support for victims of terrorism". Analytical and Comparative Jurisprudence, nr 3 (18.07.2023): 400–404. http://dx.doi.org/10.24144/2788-6018.2023.03.72.
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The article explores the functioning of the institutional and legal protection of victims of terrorist acts at the international universal and regional level. The role of international legal acts aimed at preventing terrorist attacks, which have the effect of harming victims of terrorism, is emphasized. Attention was paid to the provisions of the UN Global Counter-Terrorism Strategy (A/RES/60/288) on the protection of victims of terrorism, the acts adopted at the international, universal and regional levels, which regulate the issue of the legal status of victims of crimes, including persons who suffered as a result of terrorist crimes, providing them with legal and other types of assistance (psychological, financial, etc.) were highlighted. The institutions created at the international universal level and their contribution to providing assistance to persons affected by terrorist acts are characterized, among them: the United Nations Victims of Terrorism Support Portal, the Counter-Terrorism Implementation Task Force (CTITF), the United Nations Office on Drugs and crime (UNODC). The article defines the powers of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, whose activities contribute to the protection of human rights and fundamental freedoms by recommending relevant rights, laws and policies to combat terrorism.The activities of regional international institutions operating within the European Union (EU) and the Organization for Security and Cooperation in Europe (OSCE) that make a significant contribution to the provision of assistance to victims of terrorism by fulfilling the mission assigned to them (provision of expert knowledge, recommendations and assistance to national authorities and organizations, application of relevant norms, etc.), namely the EU Centre of Expertise for Victims of Terrorism, the European Network of Victims’ Rights, the OSCE Office for Democratic Institutions and Human Rights (ODIHR), were analyzed. The role of non-governmental institutions in the protection of victims of terrorism is emphasized. In particular, attention is focused on the activities of the Lebanese Association for Victims of Terrorism, which is a non-governmental, non-commercial structure operating throughout the territory of the Republic of Lebanon. Relevant conclusions were made.
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Kim, Nam Wook. "Legal action against population decline and local extinction". National Public Law Review 20, nr 2 (30.05.2024): 1–36. http://dx.doi.org/10.46751/nplak.2024.20.2.1.
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Korea has been implementing a policy of restricting birth from the 1960s to the 1990s amid explosive population growth after the Korean War. In the provinces, the rural population and the population of small cities have been concentrated in large cities and metropolitan areas due to lack of jobs, infrastructure, and capital. Korea's population began to decline in 2021 after peaking in 2020, and in 2023, it became a country with the lowest birth rate in the world at 0.72, and will soon become a super-aging society. The government has enacted the Framework Act On Low Birth Rate In An Aging Society, the Special Act on Local Autonomy Decentralization and Balanced Regional Development, and the Special Act On Support For Depopulation Regions to promote balanced regional development and to prepare legal policies to cope with population decline and local extinction. In Korea, there are many places where baby cries have stopped, and the equity of the burden of tax and social security costs between generations is a problem due to the low birth rate and the aging society, and the burden of social welfare costs is increasing in local governments. In this paper, after analyzing the current status of Korea's legislation on population decline and regional extinction response, we propose a plan to enact the Regional Revitalization (Regional Revitalization) Act since there are many population decline response laws, but there is no general law on regional extinction response. In addition, although encouraging immigration is not a fundamental measure to respond to population decline and regional extinction, the promotion of flexible local immigration policies in countries such as Australia, the United States, and France is becoming a major factor in population growth, so a regional-led local immigration system must be devised. do. In addition, in the case of Europe, when a city is created as a smart city, it is common for the population to concentrate, and as the population decreases in cities or rural areas with underdeveloped social infrastructure due to ICT convergence technology, cities in population-decreasing areas We review the issue of smart city creation within the city. In addition, when population decreases and regions disappear, there is no need to continuously expand and create cities as is currently the case, so the issue of introducing an appropriate location planning system to create a compact city (compressed city) is reviewed. In addition, we examine the expansion of the scope of use of the living population support introduced by the Depopulation Area Act and the concept and requirements of the related population, and review the issue of introducing a corporate hometown love donation tax to respond to population decline and regional extinction. Lastly, since population decline and regional extinction cannot be resolved through financial support alone, implementation of institutional guarantees for marriage and family community guaranteed under the Constitution, establishment of a livable local environment and infrastructure, provision of sufficient jobs and guaranteed income, transportation, education, and culture. I hope that the Constitution will be amended to create an equal living environment in the metropolitan area and local areas by guaranteeing accessibility to medical care, etc.
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Boichuk, Dmytro, i Darya Hroza. "Migration Crises as Challenges to EU Security: History of Development and Current Condition". Law and innovations, nr 1 (41) (12.03.2023): 96–104. http://dx.doi.org/10.37772/2518-1718-2023-1(41)-14.
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Problem setting. In countries with democratic regimes at the constitutional level (and Ukraine is no exception), a person, his life and health, honor and dignity, inviolability and security are recognized as the highest social value (including in Ukraine), because it forms the physical and intellectual potential of the country, ensures the existence of the system of state bodies through the taxation system, and the competitiveness of the nation in the international arena. In such regimes, the people themselves, as a collection of individuals, are recognized as the source of political power. Statements similar in content are also reflected in the Founding Treaties of the European Union, which enshrine the key goals and values of the EU, the basic principles of the European Union. Thus, Article 2 of the Treaty on the European Union defines the basic values of the EU as human dignity, freedom, democracy, equality, the rule of law, human rights, in particular of persons belonging to minorities. In addition, there is no objection to the fact that the European Union (beginning with its history from the time of the Communities) has today developed to the level of a unique integration association that has a large number of attractive characteristics for migration, primarily of an organizational and economic nature (4 freedom of movement within the EU, a single customs area, a common border, etc.). Therefore, the issue of demographic security is one of the main goals of regulating the migration policy of the EU member states to ensure the stable development of the countries. Otherwise, demographic problems can easily destabilize the normal functioning of the state in various spheres of its life (economic, political, cultural, religious, social). The subject matter of our research acquires special importance considering the fact that migration policy is assigned to the exclusive competence of the EU, not the member states. Analysis of recent researches and publications. The study of such a phenomenon as migration, its factors and consequences, historical analysis, assessment of its positive and negative sides are devoted to the work of such scientists as M. Weiner, B. Yuskiv, O. Oleksiv, R. Rachynskyi, O. Zastavna. Target of the research is to investigate the causes and consequences of migration flows, their historical origins, to analyze the migration crisis of 2015-2016 in the European Union, to consider the draft Pact on Migration and Asylum, which is intended to be a significant step towards the creation of a reliable and effective migration management system. Article’s main body. The main factors of migration flows are established: “classical (natural) factors” and those caused by “governmental-determined” governments. The historical and legal development of EU visa policy is analyzed. Normative legal acts regulating the sphere of legal status of refugees, citizens of third countries who are long-term residents, migrants and asylum seekers have been studied. The evaluation of the EU migration policy is given and its significant shortcomings are emphasized, namely its inefficiency, high cost and short-sightedness. The EU “migration crisis” of 2015-2016, the unbalanced distribution of migrants between EU member states, which is a violation of the quota-based refugee admission plan, is considered. The positive and negative sides of migration, which influence the internal policy of the member states, are weighed. An analysis of the new EU Migration and Asylum Pact, which opens up the possibility for more effective migration management in Europe, based on commitment to human rights and respect for the dignity of migrants, setting rules on how member states can show solidarity. Conclusions and prospects for the development. The authors claim that the policy of multiculturalism of the EU was effective precisely in the relatively calm second half of the 20th century, and before the beginning of armed conflicts in the East (Iraq, Syria, etc.) in the 21st century. In article proposed approaches to solving migration crisis issues, its occurrence, typification and ways to overcome it. The new Pact on Migration and Asylum was given a positive assessment and its principles were defined.
Rozprawy doktorskie na temat "Refugees – Legal status, laws, etc. – Europe"
1
Hinkson, Heather A. (Heather Antonia). "Canadian refugee policy : international developments and debates on the role of gender in refugee determination procedures". Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23843.
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Through the evolution of international human rights law and policy, gender has become a prohibited ground for persecution. However the international definition of a refugee contained in the Convention Relating to the Status of Refugees does not explicitly include gender as an enumerated ground on which persecution can be feared. This omission has required women who fear gender-based persecution to use the Convention's "membership in a particular social group" provision. Traditionally, judicial interpretation of criteria establishing a "particular social group" was not consistent in cases alleging gender-based persecution. In 1993, Canada developed guidelines that attempt to establish a coherent and consistent application of the "particular social group" category. This represents a state policy initiative to recognize the international evolution of policy on gender as a basis for persecution. Although the guidelines challenge theories of state sovereignty in the design and execution of domestic policy, they demonstrate that a coherent and consistent framework for granting asylum status to women who fear gender-based persecution can be developed in such policy.
2
Trilsch, Mirja A. "Gender-based persecution and the 'particular social group' category : an analysis". Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31176.
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This thesis addresses the problems related to the assessment of gender-based claims of persecution under the international definition of 'refugee'. The 1951 United Nations Convention Relating to the Status of Refugees does not list 'gender' as one of the persecution grounds that entitle a person to seek refuge. In attempting to solve this apparent dilemma, the 'membership of a particular social group' category was long considered to be the appropriate assessment framework.While nowadays the other four enumerated Convention grounds---race, religion, nationality, and political opinion---have increasingly received regard, the approach to gender-based persecution has so far been neither systematic, nor consistent. Moreover, the most critical interpretative hurdles continue to arise in the context of the 'membership of a particular social group' category,
This study therefore examines the link between the two concepts of gender-based persecution and the 'membership of a particular social group' category. For this purpose, both concepts are first considered independently (Parts II and III). Following this, the larger part of the analysis is assigned to the examination of the international case law concerning gender-based claims (Part IV) which shall determine if and how gender-based persecution can appropriately be accommodated under the 'membership of a particular social group' category,
3
Baribonekeza, Jean-Baptiste. "Political participation of refugees as a means to realise the right to repatriation : the search for a durable solution to the refugee problem in Africa". Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3730_1190369773.
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This paper sought to discuss the questions whether refugees have the right to return to their country of origin and whether their participation in the political life of that country may be used as a means to realise their right to return.
4
Sharpe, Marina. "The regional law of refugee protection in Africa". Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:cfa6b452-1949-4b4c-8946-b7acf036c123.
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This work offers an analysis of the legal regime for refugee protection in Africa, broadly construed as including both refugee law and human rights elements. The regime is addressed in two parts. Part One analyses the treaty regime, principally comprised of the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the African Charter on Human and Peoples' Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the 1969 Convention's drafting, and original analysis of the relationships of interpretation and the relationships of conflict that arise between the various treaties comprising the regional refugee protection framework. Significant attention in this regard is devoted to various aspects of the relationship between the international and the regional refugee treaties, and to the relationships between African refugee law on the one hand and African human rights law on the other. Part Two focuses on the institutional architecture supportive of the treaty framework addressed in Part One. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples' Rights and the various African human rights courts are canvassed. This account of the treaty framework, and the institutional architecture, for refugee protection on the continent is the first broad analytical account of the regional law of refugee protection in Africa.
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PALACIN, MARISCAL Ihintza. "Sociolegal perspectives of linguistic minorities in Europe : the Basque language, education and media". Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74273.
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Defence date: 25 February 2022Examining Board: Prof. Bruno de Witte (EUI and Maastricht University); Prof. Gábor Halmai (EUI); Prof. Joxerramon Bengoetxea (University of the Basque Country); Prof. Xabier Arzoz (UNED Madrid)
This dissertation addresses the legal framework and social embedding of the Basque language. As a minority language located between two European states (France and Spain) with different approach towards minority languages, the task of understanding the legal framework of the Basque language and its relationship with the community of speakers is challenging. In fact, this legal framework results in a vast array of legal rules for Basque speakers. This research examines the fundamental and linguistic rights of these minority language speakers (norm users), from international and European legal frameworks to national or regional ones. It carries out a comparative analysis between France and Spain, and between the three Basque regions to examine the legal framework. This doctrinal analysis is complemented by the study of key actors participating in the context and implementation of the legal norms regulating the Basque language. An emphasis is placed on the analysis of the relationship between the legal framework of the Basque language and the Basque society, applying a sociolegal methodology. By focusing on the examples of education and media, this thesis aims to shed light on the relationship between law and context in the case of the Basque language. It displays the tension and collaboration between norm givers and norm users in the case of a minority language. Studying the examples of education and media exposes the difficulties that Basque speakers face, as well as their commitment to the survival of their language. At the same time, progressive legal frameworks for Basque have enabled the creation of linguistic policies favouring the recovery and development of this language, where active collaboration between the three Basque regions is increasing. Ultimately, this research showcases a contextualised understanding of the legal framework of the Basque language, telling the story of this minority language in law.
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Takami, Chieko. "Defining women as a particular social group in the Canadian refugee determination process". Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31175.
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Recent feminist criticism has resulted in remarkable changes to the interpretation of the refugee definition. Case law, academic commentaries and gender guidelines now recognize that women may constitute a particular social group under the definition of refugee. However, only those who belong to certain subgroups of women are usually granted asylum because being a woman only is considered too broad to comprise a particular social group. Such restrictive interpretation is theoretically and practically problematic, and it is the primary cause for the inconsistency in the interpretation of the definition of a particular social group and refugee determination in gender-based claims. Through an analysis of recent gender-based cases before the Canadian courts and the Immigration and Refugee Board, this paper argues that this inconsistency will be avoided when categorization of women does not require female claimants to prove characteristics other than their gender. Female refugees who are persecuted for being women do not need to provide additional reasons for their suffering, and this broad categorization of women should be consistently applied in Canada.
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Labman, Shauna. "The invisibles : an examination of refugee resettlement". Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/33004.
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Resettlement is one of three durable solutions, which the United Nations High Commissioner for Refugees (UNHCR) uses to achieve refugee rotection. Refugees are assumed to locally integrate, voluntarily repatriate or resettle. Too many of the world's refugees, however, are left to linger in non-durable conditions in countries of first asylum that are often only minimally safer than the countries they have fled. Where neither local integration nor repatriation is possible, resettlement is the only option. Resettlement
requires a third country to be willing to accept refugees into its territory. While signatory
states to the 1951 Convention relating to the Status of Refugees (1951 Convention) are obliged not to refoule asylum seekers at their borders, they have not committed to accept refugees for resettlement.
By geographic distance, presumptions of safety, and a lack of legal obligations, those refugees who fail to make it to the frontiers of safe states are simply not seen. These refugees remain so far removed in a vague, far-off realm that they are rendered invisible. Their invisibility is reflected in the 1951 Convention's silence on obligations to them, the dearth of academic examination of resettlement, and media and government attention only in the celebratory act of making a small number of such refugees visible and legal, through the act of bringing them within a protective state's borders. Despite their
invisibility, the protection needs of those refugees left outside the borders of safe states
remains.
The goals of this thesis are therefore to create visibility and increase resettlement. Resettlement is examined from its theoretical motivations, historical origins, current manipulations, and future possibilities - both generally and through an examination of the Canadian scheme. The thesis closes with recommendations for resettlement reform. They are targeted at UNHCR, the international community, national governments, and
Canada in particular. For resettlement to offer a fair mode of protection a comprehensive and global model of resettlement must be designed and, ultimately, implemented.Law, Peter A. Allard School of
Graduate
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Masumbe, Paul Sakwe. "The process of naturalisation of refugees under international and South African law and its implications for human rights". Thesis, University of Fort Hare, 2015. http://hdl.handle.net/10353/5608.
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This study seeks to examine the naturalisation of refugees under international law with specific focus on the South African refugee system. The universalised nature of human rights and the difficulties of refugees finding new roots in host states form the basis of this study. This study takes a closer look at the South African refugee system and the path to naturalisation of refugees. It identifies policy and legal gaps in the process of naturalisation of refugees and argues that the practice as it stands today, fundamentally abuses the rights of refugees and questions South Africa’s good faith in meeting its international obligations under the 1951 Refugee Convention. It argues further that the biopolitical philosophy upon which South African citizenship is anchored is itself a hindrance to the realisation of efforts aimed at naturalising refugees and their descendants. The research methodology used in this study is non-empirical. This is so because the study is based on available data, information already available in print or on the internet. The study attempts to accomplish the above by undertaking an in-depth analysis of the history of refugees, the current position of naturalisation under international law, and identifies the inherent challenges. In the South African context, the study makes use of extensive statutory, constitutional and case law materials to justify that the current treatment of refugees in their quest for naturalisation is indefensible within the context of a human rights-based approach and the dictates of the Constitution. This study concludes by making recommendations that would help close the legal and policy gaps that obtain presently. These include amendments to the Refugees, Immigration and Citizenship Acts and strengthening policy implementation at the DHA. It is hoped that the recommendations will strengthen and evolve a human rights culture and bring refugee, immigration and citizenship laws in line with the Constitution. It will also pave the way for a more just and peaceful South Africa as she strives to meet her obligations under regional and international law.
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Cilliers, Judy-Ann. "The refugee as citizen : the possibility of political membership in a cosmopolitan world". Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/96022.
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Thesis (MA)--Stellenbosch University, 2014.ENGLISH ABSTRACT: The aim of this thesis is to determine what responsibilities democratic states have toward refugees. This problem is stated within the broader framework of the tension inherent in all democratic states: on the one hand, the sovereign right of a state over its territory and, on the other hand, the cosmopolitan or universal human rights norms upon which the state‟s constitution is founded. I argue that this tension is brought to the fore when refugees cross borders and enter into democratic territories, asking for protection and claiming their human rights. The sheer magnitude of the refugee crisis makes this an issue every state should address. My answer to the question of state responsibility is worked out in four phases. Firstly, I give a conceptual clarification of refugeehood, sovereignty, and cosmopolitanism. I show that neither absolute sovereignty (which implies closed borders) nor extreme cosmopolitanism (which implies no borders) is desirable. Secondly, I draw on Immanuel Kant‟s cosmopolitan theory as a possible solution. Kant proposes a world-federation of states in which right is realised on the civic, international, and cosmopolitan level. Kant also insists that every individual has the right to hospitality – a right which foreign states should recognise. Thirdly, I examine three prominent theories which could offer us a way to address the refugee crisis. I argue that the first two – multiculturalism and John Rawls‟ „law of peoples‟ – are not adequate responses to the refugee crisis, but that the third – Seyla Benhabib‟s cosmopolitan federalism – is more promising. Hospitality is the first responsibility states have toward refugees, and Benhabib proposes that it be institutionalised by (i) forming a federation of states founded on cosmopolitan principles, (ii) revising membership norms through the political process of democratic iterations, and (iii) extending some form of political membership to the state to refugees. Lastly, I justify the claim that political membership should be extended by referring to Hannah Arendt‟s argument that the ability to speak and act publicly is part of what it means to be human. If we deny refugees this ability, or if we deny them access to political processes, we deny their humanity. Benhabib proposes institutional measures to ensure that this does not happen, including allowing for political membership on sub-national, national, and supranational levels. Ultimately, I argue that democratic states have the responsibility to (i) allow entry to refugees, (ii) give refugees legal status and offer protection, and (ii) extend political membership to them on some level.
AFRIKAANSE OPSOMMING: Die doel van hierdie tesis is om te bepaal wat die verantwoordelikhede van demokratiese state teenoor vlugtelinge is. Ek plaas hierdie probleem binne die breër raamwerk van die onderliggende spanning in demokratiese state: die soewereine reg van ‟n staat oor sy grondgebied, aan die een kant, en die kosmopolitiese of universele menseregte-norme waarop die staat se grondwet berus, aan die ander kant. Ek argumenteer dat hierdie spanning na vore gebring word wanneer vlugtelinge, op soek na beskerming, grense oorsteek, demokratiese state binnetree en aanspraak maak op hulle regte. Ek bespreek die vraagstuk in vier stappe. Eerstens verduidelik ek die begrippe van vlugtelingskap, soewereiniteit en kosmopolitisme. Ek toon aan dat nóg absolute soewereiniteit (wat geslote grense impliseer), nóg ekstreme kosmopolitisme (wat geen grense impliseer) ‟n wenslike ideaal is. Tweedens kyk ek na Immanuel Kant se kosmopolitiese teorie vir ‟n moontlike oplossing. Kant stel voor dat state saamkom in ‟n wêreld-federasie, om sodoende reg te laat geskied op die plaaslike, internasionale, en kosmopolitiese vlak. Kant dring ook aan daarop dat elke individu die reg tot gasvryheid besit, ‟n reg wat ook deur ander state buiten die individu se staat van herkoms erken behoort te word. Derdens ondersoek ek drie prominente teorieë wat moontlike oplossings bied vir die vlugteling-krisis. Ek argumenteer dat die eerste twee – multikulturalisme en John Rawls se „law of peoples‟ – nie voldoende is om die vlugteling-krisis die hoof te bied nie. Die derde teorie, Seyla Benhabib se kosmopolitiese federalisme, blyk meer belowend te wees. Benhabib stel voor dat die staat se verantwoordelikheid om gasvryheid te toon geïnstitusionaliseer kan word deur (i)‟n federasie van state gegrond op kosmopolitiese beginsels te vorm, (ii) lidmaatskap-norme te hersien deur ‟n politieke proses genaamd demokratiese iterasie, en (iii) politieke lidmaatskap van een of ander aard aan vlugtelinge toe te ken. Laastens regverdig ek die aanspraak op lidmaatskap. Ek verwys na Hannah Arendt se argument dat die vermoë om in die publieke sfeer te praat en dade te kan uitvoer, deel uitmaak van wat dit beteken om ‟n mens te wees. As ons verhoed dat vlugtelinge hierdie twee vermoëns kan uitleef, ontken ons hulle menslikheid. Benhabib stel sekere institutionele maatreëls voor om dit te voorkom. Dit sluit politieke lidmaatskap op ‟n sub-nasionale, nasionale, en supra-nasionale vlak in. Uiteindelik argumenteer ek dat demokratiese state se verantwoordelikhede teenoor vlugtelinge uit die volgende bestaan: (i) toegang tot hierdie state se grondgebied, (ii) wetlike status en beskerming, en (iii) politieke lidmaatskap op een of ander vlak.
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FARKAS, Lilla. "Mobilising for racial equality in Europe : Roma rights and transnational justice". Doctoral thesis, European University Institute, 2020. http://hdl.handle.net/1814/66916.
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Defence date: 20 April 2020 (Online)Examining Board: Professor Claire Kilpatrick (EUI), Professor Bruno de Witte (EUI), Professor Colm O'Cinnedie (University College London), Professor Scott L. Cummings (University of California Los Angeles)
The thesis provides a transnational account of Roma rights activism over the last thirty years with a focus on five Central and Eastern European countries, where the majority of the European Union’s Roma live. It contributes to scholarly debate by (i) mapping ethnic/racial justice related legal opportunities; (ii) taking stock of legally focused non-governmental organisations; (iii) charting legal mobilisation in courts and enforcement agencies; (iv) presenting an alternative account of the transplantation of public interest litigation, and (v) ‘mapping the middle’ between dominant and critical narratives about the Open Society Foundations and white Europeans in the Roma rights field. Finding that international advocacy and litigation alone have been insufficient to generate social change, the thesis highlights the salience of indigenous practices. It points to the shortcomings of the elitist conception of legal mobilisation characterised by top-down, planned legal action and a focus of international NGOs. The thesis proposes to shift the limelight to the financial resources of strategic litigation, to a broad conception of collective legal action, and the necessity of investigating the role private individuals, NGOs, as well as public agencies play in promoting racial equality in general and Roma rights in particular in a transnational field. By scrutinising the ethno-political critique of Roma rights activism and pointing to its conflation with the critique of litigation - that resonates on both sides of the Atlantic - the thesis navigates between liberal internationalism and ethno-nationalism by acknowledging and celebrating organic cross-border cooperation, in other words “good transnationalism.”
Książki na temat "Refugees – Legal status, laws, etc. – Europe"
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Fullerton, Maryellen, Hélène Lambert i Jane McAdam. The global reach of European refugee law. Cambridge, United Kingdom: Cambridge University Press, 2013.
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Cullen, Paul. Refugees and asylym-seekers in Ireland. Cork: Cork University Press, 2000.
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Storr, Katherine. Excluded from the record: Women, refugees, and relief, 1914-1929. New York: P. Lang, 2009.
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Richard, Plender, i Plender Richard, red. Basic documents on international migration law. Dordrecht: M. Nijhoff, 1988.
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Nykänen, Eeva. Fragmented state power and forced migration: A study on non-state actors in refugee law. Leiden: Martinus Nijhoff Publishers, 2012.
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Hélène, Lambert, i Goodwin-Gill Guy S, red. The limits of transnational law: Refugee law, policy harmonization and judicial dialogue in the European Union. New York: Cambridge University Press, 2010.
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Squire, Vicki. The exclusionary politics of asylum. New York: Palgrave Macmillan, 2009.
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Bodart, Serge. Les autres réfugiés: Le statut des réfugiés de facto en Europe. Louvain-la-Neuve: Academia, 1990.
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Nathwani, Niraj. Rethinking refugee law. Boston, Mass: Martinus Nijhoff Publishers, 2003.
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Anna, Müller. Die Zugehörigkeit zu einer bestimmten sozialen Gruppe als zentrales Verfolgungsmotiv des Flüchtlingsbegriffs im Lichte des rechtsnormativen Mehrebenensystems. Frankfurt am Main: PL Academic Research, 2014.
Znajdź pełny tekst źródłaCzęści książek na temat "Refugees – Legal status, laws, etc. – Europe"
1
Köbel, Szilvia. "The Legislative Power". W Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries, 273–92. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.lcslt.ccice_15.
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In this chapter, we present the legislative branches of eight countries (Poland, Czech Republic, Slovakia, Romania, Serbia, Croatia, Slovenia and Hungary) through the following subjects: a) legislative bodies and sources of parliamentary law (laws regulating the function of the parliament, bylaws etc.); b)the authorities of parliaments; c) the officeholders of parliaments, the house president, and committees of parliaments; d)parliamentary groups; e) the legal status of officeholders (rights of the MPs, conflict of interest, immunity). The structure of the study follows the order of the above-mentioned subjects and treats them as subchapters. At the beginning of each subchapter is a short explanation of the subject, highlighting in broad terms what it wishes to showcase. The study focuses on the legislative branches of governments as the main goal of the study is to observe their legislative ecosystem and organs, powers and members.