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1
Alva, Jenica, e Irawati Handayani. "Regionalism as a Solution to Refugee Protection in ASEAN". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, n.º 02 (agosto de 2019): 379–406. http://dx.doi.org/10.22304/pjih.v6n2.a9.
Texto completo da fonteResumo:
The problem of refugees has become a global phenomenon that brings widespread impacts to all involving parties. The humanitarian crisis of the Rohingya ethnic group increased the number of refugees in ASEAN who needs international protection. However, legal and political framework governing refugee protection in ASEAN is still very insignificant. This research is to answer whether regionalism is successful in resolving the problem of refugees in international level and whether a regionalism approach can be applied in ASEAN level to deal with refugees. This study used normative juridical research methods with literature study techniques. Based on the results, the study revealed that regionalism has successfully solved the problem of refugees. However, the development of regionalism needs to be improved to deal with mass-influx problems. Regionalism has succeeded in encouraging world regions such as Europe, Africa, and Latin America to form various binding regional mechanisms (CEAS, OAU Convention, and Cartagena Declaration). Compared to the universal approach, regionalism is a better option because of its flexible nature. It also provides choices to member states in handling refugee protection activities. Based on the comparison of regionalism practices from the three regions, the regionalism approach in ASEAN has a great potential to solve refugee problems more effectively.
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Alva, Jenica, e Irawati Handayani. "Regionalism as a Solution to Refugee Protection in ASEAN". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, n.º 02 (agosto de 2019): 379–406. http://dx.doi.org/10.22304/pjih.v6n2.a9.
Texto completo da fonteResumo:
The problem of refugees has become a global phenomenon that brings widespread impacts to all involving parties. The humanitarian crisis of the Rohingya ethnic group increased the number of refugees in ASEAN who needs international protection. However, legal and political framework governing refugee protection in ASEAN is still very insignificant. This research is to answer whether regionalism is successful in resolving the problem of refugees in international level and whether a regionalism approach can be applied in ASEAN level to deal with refugees. This study used normative juridical research methods with literature study techniques. Based on the results, the study revealed that regionalism has successfully solved the problem of refugees. However, the development of regionalism needs to be improved to deal with mass-influx problems. Regionalism has succeeded in encouraging world regions such as Europe, Africa, and Latin America to form various binding regional mechanisms (CEAS, OAU Convention, and Cartagena Declaration). Compared to the universal approach, regionalism is a better option because of its flexible nature. It also provides choices to member states in handling refugee protection activities. Based on the comparison of regionalism practices from the three regions, the regionalism approach in ASEAN has a great potential to solve refugee problems more effectively.
3
Han, Junsung. "The 1984 Cartagena Declaration on Refugees Reconsidered: Understanding the Displacement-Peace Nexus". Journal of Korean Politics 30, n.º 3 (31 de outubro de 2021): 171–98. http://dx.doi.org/10.35656/jkp.30.3.7.
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Tinker, Catherine Jane, e Laura Madrid Sartoretto. "New trends in migratory and refugee law in Brazil: the expanded refugee definition". Revista do Direito 3, n.º 50 (5 de setembro de 2016): 118–38. http://dx.doi.org/10.17058/rdunisc.v3i50.8277.
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This paper aims to explore new trends in Brazilian refugee and migratory law in the last 20 years. In doing so it addresses the evolution of the definition of “refugee” in Brazil, expanding the eligibility grounds provided by the 1951 Geneva Convention on the Status of Refugees (1951 Convention). Reviewing international and regional refugee law, the article analyzes the broader understanding of the notion of "refuge" and its complexity expressed in regional and national legal frameworks, taking account of lawyers, scholars and activists who criticize the narrow scope of the classical refugee definition from 1951 which has become distant from current refugee voices and struggles. At the domestic level, although the 1980 Aliens Statute (Act. n. 6815/80) is still in effect, there have been important changes in refugee law in Brazil since the implementation of the 1997 Refugee Statute (Act n. 9.474/97), influenced by the 1984 Cartagena Declaration (a regional soft law instrument) regarding the definition of “refugee”, Exploring the interconnection of the Refugee Statute and complementary forms of human rights protection which fall outside the scope of international refugee law, the article concludes that in the specific case of Haitians in Brazil, the broader protections of Brazilian refugee law should be available rather than the complementary system of humanitarian visas.
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Tinker, Catherine, e Laura Madrid Sartoretto. "NEW TRENDS IN MIGRATORY AND REFUGEE LAW IN BRAZIL: THE EXPANDED REFUGEE DEFINITION". PANORAMA OF BRAZILIAN LAW 3, n.º 3-4 (26 de maio de 2018): 143–69. http://dx.doi.org/10.17768/pbl.v3i3-4.34406.
Texto completo da fonteResumo:
This paper aims to explore new trends in Brazilian refugee and migratory law in the last 20 years. In doing so it addresses the evolution of the definition of “refugee” in Brazil, expanding the eligibility grounds provided by the 1951 Geneva Convention on the Status of Refugees (1951 Convention). Reviewing international and regional refugee law, the article analyzes the broader understanding of the notion of “refuge” and its complexity expressed in regional and national legal frameworks, taking account of lawyers, scholars and activists who criticize the narrow scope of the classical refugee definition from 1951 which has become distant from current refugee voices and struggles. At the domestic level, although the 1980 Aliens Statute (Act. n. 6815/80) is still in effect, there have been important changes in refugee law in Brazil since the implementation of the 1997 Refugee Statute (Act n. 9.474/97), influenced by the 1984 Cartagena Declaration (a regional soft law instrument) regarding the definition of “refugee”. Exploring the interconnection of the Refugee Statute and complementary forms of human rights protection which fall outside the scope of international refugee law, the article concludes that in the specific case of Haitians in Brazil, the broader protections of Brazilianrefugee law should be available rather than the complementary systemof humanitarian visas.
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Tinker, Catherine, e Laura Madrid Sartoretto. "NEW TRENDS IN MIGRATORY AND REFUGEE LAW IN BRAZIL: THE EXPANDED REFUGEE DEFINITION". PANORAMA OF BRAZILIAN LAW 3, n.º 3-4 (26 de maio de 2018): 143–69. http://dx.doi.org/10.17768/pbl.v3i3-4.p143-169.
Texto completo da fonteResumo:
This paper aims to explore new trends in Brazilian refugee and migratory law in the last 20 years. In doing so it addresses the evolution of the definition of “refugee” in Brazil, expanding the eligibility grounds provided by the 1951 Geneva Convention on the Status of Refugees (1951 Convention). Reviewing international and regional refugee law, the article analyzes the broader understanding of the notion of “refuge” and its complexity expressed in regional and national legal frameworks, taking account of lawyers, scholars and activists who criticize the narrow scope of the classical refugee definition from 1951 which has become distant from current refugee voices and struggles. At the domestic level, although the 1980 Aliens Statute (Act. n. 6815/80) is still in effect, there have been important changes in refugee law in Brazil since the implementation of the 1997 Refugee Statute (Act n. 9.474/97), influenced by the 1984 Cartagena Declaration (a regional soft law instrument) regarding the definition of “refugee”. Exploring the interconnection of the Refugee Statute and complementary forms of human rights protection which fall outside the scope of international refugee law, the article concludes that in the specific case of Haitians in Brazil, the broader protections of Brazilianrefugee law should be available rather than the complementary systemof humanitarian visas.
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Tinker, Catherine, e Laura Madrid Sartoretto. "NEW TRENDS IN MIGRATORY AND REFUGEE LAW IN BRAZIL: THE EXPANDED REFUGEE DEFINITION". PANORAMA OF BRAZILIAN LAW 3, n.º 3-4 (1 de novembro de 2015): 143–69. http://dx.doi.org/10.17768/pbl.y3.n3-4.p143-169.
Texto completo da fonteResumo:
This paper aims to explore new trends in Brazilian refugee and migratory law in the last 20 years. In doing so it addresses the evolution of the definition of “refugee” in Brazil, expanding the eligibility grounds provided by the 1951 Geneva Convention on the Status of Refugees (1951 Convention). Reviewing international and regional refugee law, the article analyzes the broader understanding of the notion of “refuge” and its complexity expressed in regional and national legal frameworks, taking account of lawyers, scholars and activists who criticize the narrow scope of the classical refugee definition from 1951 which has become distant from current refugee voices and struggles. At the domestic level, although the 1980 Aliens Statute (Act. n. 6815/80) is still in effect, there have been important changes in refugee law in Brazil since the implementation of the 1997 Refugee Statute (Act n. 9.474/97), influenced by the 1984 Cartagena Declaration (a regional soft law instrument) regarding the definition of “refugee”. Exploring the interconnection of the Refugee Statute and complementary forms of human rights protection which fall outside the scope of international refugee law, the article concludes that in the specific case of Haitians in Brazil, the broader protections of Brazilianrefugee law should be available rather than the complementary systemof humanitarian visas.
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Tinker, Catherine, e Laura Madrid Sartoretto. "NEW TRENDS IN MIGRATORY AND REFUGEE LAW IN BRAZIL: THE EXPANDED REFUGEE DEFINITION". PANORAMA OF BRAZILIAN LAW 3, n.º 3-4 (26 de maio de 2018): 143–69. http://dx.doi.org/10.17768/pbl.y3n3-4.p143-169.
Texto completo da fonteResumo:
This paper aims to explore new trends in Brazilian refugee and migratory law in the last 20 years. In doing so it addresses the evolution of the definition of “refugee” in Brazil, expanding the eligibility grounds provided by the 1951 Geneva Convention on the Status of Refugees (1951 Convention). Reviewing international and regional refugee law, the article analyzes the broader understanding of the notion of “refuge” and its complexity expressed in regional and national legal frameworks, taking account of lawyers, scholars and activists who criticize the narrow scope of the classical refugee definition from 1951 which has become distant from current refugee voices and struggles. At the domestic level, although the 1980 Aliens Statute (Act. n. 6815/80) is still in effect, there have been important changes in refugee law in Brazil since the implementation of the 1997 Refugee Statute (Act n. 9.474/97), influenced by the 1984 Cartagena Declaration (a regional soft law instrument) regarding the definition of “refugee”. Exploring the interconnection of the Refugee Statute and complementary forms of human rights protection which fall outside the scope of international refugee law, the article concludes that in the specific case of Haitians in Brazil, the broader protections of Brazilianrefugee law should be available rather than the complementary systemof humanitarian visas.
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Beaton, Eilidh. "Replacing the Persecution Condition for Refugeehood". Philosophy of law and general theory of law, n.º 2 (25 de janeiro de 2023): 109–26. http://dx.doi.org/10.21564/2707-7039.2.269242.
Texto completo da fonteResumo:
In this article, earlier versions of which were presented at the IVR World Congress in 2019 and in graduate student workshops at the University of Pennsylvania, the author offers a critical look at the existing definition of a refugee in international law, in particular, in the 1951 Convention relating to the Status of Refugees. The Convention recognizes a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion as a condition for a person to be granted refugee status. However, this leaves significant gaps in the protection of persons fleeing indiscriminate or generalized violence or harm, although such people today constitute a significant proportion of those forced to move from their country of nationality. The author emphasizes that within some regions and countries there are legal instruments capable of bridging these gaps (the 1969 Organization of African Unity Convention on the Specific Aspects of Refugee Problems in Africa, the 1984 Cartagena Declaration on Refugees, as well as temporary protection in the EU and the US), but the UN Convention continues to be deficient in this regard.
The author proposes to correct these shortcomings by applying the “needs-first” approach, which understands refugees as all displaced persons fleeing sufficiently serious threats. The author presents her own definition of a refugee as “any person with a well-founded fear that their fundamental human rights are urgently threatened; who would have no recourse to their home government, even if appropriate international assistance were available; and whose interests can only or best satisfied by means of refugee – that is, by means of protection from a political authority that is not their own, usually in the form of asylum within the territory of that country.”
The author acknowledges that her proposed “needs-first” approach is not without its drawbacks, and the main challenge in its implementation is to avoid becoming a purely humanitarian measure and to preserve the political identity of the individuals who are fleeing the threat to countries not of their nationality.
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Gonzalez Balyk, Lana. "La Solidaridad o la Soledad? Cooperation and Tensions in the Regional State Response to the Venezuelan Migration Crisis". Studies in Social Justice 16, n.º 3 (7 de novembro de 2022): 612–27. http://dx.doi.org/10.26522/ssj.v16i3.2723.
Texto completo da fonteResumo:
The Venezuelan migration crisis has displaced over six million people and is the Americas’ largest forced migration. Nearby countries have received the majority of the displaced and initially showed an impressive welcome to Venezuelans, regardless of whether they may be considered migrants, asylum seekers, or refugees. However, host country responses have mainly been uncoordinated, siloed, and impromptu. This paper examines the solidarities and tensions within the individual country responses of Venezuela’s closest Latin American and Andean neighbors: Colombia, Ecuador, Peru, Chile, and Brazil. The number of displaced people leaving Venezuela has steadily increased since 2015 yet limited long term-planning and inclusion of migrants in host communities has led to a growth in xenophobia. Additionally, many Latin American host nations have erected new barriers that make legal entry or residency forms more difficult for migrants to obtain. The COVID-19 pandemic has compounded these issues as host countries grapple with supporting and offering resources to their citizens in addition to migrants. However, some promising regional solutions could be applied in a more coordinated regional approach to help ensure that host countries and IOs supporting them can better extend enduring solidarity and inclusion to Venezuelans. These solutions include longer-term visa options, such as the new Colombian 10-year visa, that can help regularize and include Venezuelans over a prolonged period. A particularly recommended approach would be the regional application of an inventive Latin America humanitarian-orientated accord, the Cartagena Declaration, a forward-thinking concept with a potential that has never been realized. The Cartagena Declaration could offer more comprehensive protection and fairer access to rights beyond temporary measures.
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Cintra de Oliveira Tavares, Natalia, e Vinicus Pureza Cabral. "The application of the Cartagena Declaration on Refugees to Venezuelans in Brazil: An analysis of the decision-making process by the National Committee for Refugees". Latin American Law Review, n.º 5 (agosto de 2020): 121–37. http://dx.doi.org/10.29263/lar05.2020.06.
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Felipy, Luiz. "Displaced Venezuelans and the Politics of Asylum". Carta Internacional 17, n.º 1 (13 de abril de 2022): e1177. http://dx.doi.org/10.21530/ci.v17n1.2022.1177.
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Latin America is often referred to as a particularly successful case in refugee protection where, through the 1984 Cartagena Declaration, States have established a tradition of openness, solidarity, and humanitarism. Nevertheless, in practice, the instrument has been unevenly implemented in the region. This has posed consequences to the protection of displaced Venezuelans, who are now the second largest displaced population in the world and often live with precarious statuses. Applying process tracing as a methodology, this paper analyses the case of Brazil, one of the few countries granting asylum to this population, and identifies the drivers which influenced its response.
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GUERRA, Sidney. "ASYLUM IN THE INTER-AMERICAN SYSTEM: A SOVEREIGN STATE LAW OR AN INHERENT RIGHT OF THE HUMAN PERSON?" Revista Juridica 4, n.º 57 (5 de outubro de 2019): 1. http://dx.doi.org/10.21902/revistajur.2316-753x.v4i57.3754.
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ABSTRACT Objective: The aim of this research is to present and discuss the paradox of the right of asylum for refugees, considering that on one hand there is a right of protection of the human being, giving priority to the fundamental values of freedom and the protection to be afforded to political refugees and persons persecuted for political reasons and, on the other hand, there is the prerogative and sovereignty of each State. Methodology: The research was developed in deductive method, in bibliographic research, through interpretation of scientific articles, studies and jurisprudence, also seeking a historical perspective, as well as the interpretation of Brazilian legislation, comparative law and international bodies such as the Inter-American Court of Human Rights, the Asylum Convention, signed in Havana in 1928, the Cartagena Declaration, the Caracas Convention of 1954 and others. Results: The study reaches the conclusion that the right to asylum still has a very incipient treatment, as it is still considered a right of the State and not the right of the individual, despite its essential purpose of protecting the individual, which is considered a contradiction. This paradox is more evident when the prerogative of the State to grant asylum or not is confronted with the Universal Declaration of Human Rights. Contributions: Undoubtedly, this matter is currently relevant as it deals with international human rights and the expectation of millions of migrants hoping to obtain an asylum. As a contribution, this article reports several difficulties associated with the granting of an asylum in the national perspective as well as international cases and all efforts exercised by international bodies in favor of the refugees. KEYWORDS: Right of asylum; territorial asylum; political asylum; Interamerican Human Rights Court. RESUMO Objetivo: O objetivo desta pesquisa é apresentar e discutir o paradoxo do direito de asilo para refugiados, considerando que, por um lado, há o direito à proteção do ser humano, priorizando os valores fundamentais da liberdade e da proteção à saúde, a ser concedido a refugiados políticos e pessoas perseguidas por razões políticas e, por outro lado, há a prerrogativa e a soberania de cada Estado. Metodologia: A pesquisa foi desenvolvida com método dedutivo, em pesquisa bibliográfica, através da interpretação de artigos científicos, estudos e jurisprudência, buscando também uma perspectiva histórica, bem como a interpretação da legislação brasileira, direito comparado e organismos internacionais como o Interamericano Tribunal Interamericano de Direitos Humanos, a Convenção de Asilo, assinada em Havana em 1928, a Declaração de Cartagena, a Convenção de Caracas de 1954 e outras. Resultados:O estudo conclui que o direito de asilo ainda tem um tratamento muito incipiente, pois ainda é considerado um direito do Estado e não um direito do indivíduo, apesar de seu objetivo essencial de proteger o indivíduo, o que é considerado um contradição. Esse paradoxo é mais evidente quando a prerrogativa do Estado de conceder ou não asilo é confrontada com a Declaração Universal dos Direitos Humanos. Contribuições: Sem dúvida, este assunto é relevante no momento, pois trata dos direitos humanos internacionais e da expectativa de milhões de migrantes que esperam obter um asilo pelos mais variados motivos. Como contribuição, este artigo relata várias dificuldades associadas à concessão de asilo em perspectiva nacional, bem como casos internacionais e todos os esforços exercidos por organismos internacionais a favor dos refugiados. PALAVRAS-CHAVE: Direito de asilo; asilo territorial; Asilo político; Corte Interamericana de Direitos Humanos.
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Simeon, James C., e Joseph Rikhof. "Ending Exclusion from Refugee Protection and Advancing International Justice". Laws 11, n.º 4 (8 de agosto de 2022): 61. http://dx.doi.org/10.3390/laws11040061.
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In any utopic vision of the international refugee protection regime at least these two conditions ought to prevail: (1) all those who are genuinely in need of refugee protection will be granted international protection; (2) all those who are responsible for criminality, especially, serious international crimes, shall be held criminally liable. This presumes that the so-called “exclusion clauses” of the 1951 Refugee Convention, Article 1F, and those found in the regional refugee rights instruments (1969 OAU Convention, 1984 Cartagena Declaration, 2011 EU Qualifications Directive) are not required. No one would be excluded from refugee protection who meets the definition of refugee as found in these international refugee rights instruments. By the same token, anyone who is responsible for serious criminality, especially, serious international crimes, (as defined by the 1998 Rome Statute of the International Criminal Court) shall be held criminally liable. This serves the ideal of bringing an end to impunity for serious international criminality and ensuring everyone is held accountable for their contribution for the persecution of others. Accordingly, the first part of this article presents the thesis that serious criminality should be part of the inclusionary portions of the definition of who is a refugee and not its exclusionary portions, Article 1F of the 1951 Refugee Convention. Indeed, Article 1F, it is argued, is antiquated and no longer conforms to contemporary international norms and principles and can result in injustices to refugee applicants. Given the inherent complexity and difficulties with Article 1F and the fact it is no longer required, it can be repealed and Article 1A(2), the definition of who is a refugee, can be amended to not include anyone who is responsible for the commission of serious criminality. Moreover, when there is sufficiently reliable and trustworthy evidence that a refugee applicant is responsible for serious criminality then they can be prosecuted and by doing so both ending impunity for serious international crimes and advancing international justice can be achieved. The second part of the article is a commentary on the first part and raises a word of caution. The thesis of this part is that before adopting any radical solution with respect to the exclusion clause, it would be useful to provide a broader context to the issues raised. The commentary raises some questions regarding the underlying assumptions in the first part, specifically, in its examination of the human rights and international criminal justice framework. These questions are on three levels, namely conceptual, legal, and practical. The commentary concludes with some overarching observations in respect to the criticisms raised and the proposal submitted.
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Lee, Luke T. "The London Declaration of International Law Principles on Internally Displaced Persons". American Journal of International Law 95, n.º 2 (abril de 2001): 454–58. http://dx.doi.org/10.2307/2661426.
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At its sixty-ninth conference, held in London from July 25 to 29, 2000, the International Law Association (ILA) approved by consensus the Declaration of International Law Principles on Internally Displaced Persons (the Declaration). This Declaration, prepared by the International Committee on Internally Displaced Persons, followed two earlier ILA proclamations relating to the forced movement of people: the Declaration of Principles of International Law on Mass Expulsion, adopted in Seoul in 1986; and the Declaration of Principles of International Law on Compensation to Refugees, adopted in Cairo in 1992. All three instruments address forced movement from the perspective of the responsibility of countries of origin, in contrast to the traditional focus on the care and maintenance of refugees as a responsibility of first-asylum, resettlement, and donor countries, as well as of the United Nations and other international organizations, both governmental and non-governmental. By dealing with the root causes of internally displaced persons (IDPs) and their status, the present Declaration broadens the concerns of international law to encompass all persons who have been forcibly uprooted from their homes, whether or not they have crossed their national borders.
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Harley, Tristan, e Harry Hobbs. "The Meaningful Participation of Refugees in Decision-Making Processes: Questions of Law and Policy". International Journal of Refugee Law 32, n.º 2 (8 de maio de 2020): 200–226. http://dx.doi.org/10.1093/ijrl/eeaa010.
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Abstract There has been a significant push in recent years for greater and more meaningful participation of refugees in decision-making processes that affect them. This push is identifiable in a range of international instruments, including the 2016 New York Declaration for Refugees and Migrants and the 2018 Global Compact on Refugees, as well as numerous initiatives developed by refugees, civil society organizations, and international organizations at the local, national, and international level. This article considers the emergent drive for refugee participation from the perspective of both law and policy. It examines the evolution of the international legal framework, analysing the extent to which international refugee and human rights law mandate the inclusion of refugees in decisions that affect them. The article also explores the notion of participation in detail, teasing out several key challenges for consideration in the development of inclusive participatory processes. Drawing this material together, it explores two options that could further promote the moral, political, and ultimately legal authority for meaningfully including refugees in the design and implementation of policy. These options are indicators that establish baselines and track refugee participation in decision-making processes, and a new, non-binding United Nations declaration that clearly details the right of refugees to have some authority in decision-making processes that affect them.
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McAdam, Jane. "Global Compact for Safe, Orderly and Regular Migration". International Legal Materials 58, n.º 1 (fevereiro de 2019): 160–94. http://dx.doi.org/10.1017/ilm.2019.6.
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On September 19, 2016, the United Nations General Assembly adopted a set of commitments to enhance the protection of refugees and migrants, known as the New York Declaration for Refugees and Migrants. In the Declaration, all 193 member states of the United Nations reaffirmed the importance of the international protection regime and committed to strengthening and enhancing mechanisms to protect people on the move. They also agreed to work toward the adoption of a global compact on refugees and a global compact for safe, orderly and regular migration. These two compacts were drafted through separate processes over eighteen months in 2017–18 and formally adopted by the General Assembly in December 2018. One hundred and fifty-two states voted in favor of the adoption of the Migration Compact, while twelve countries abstained from the vote (Algeria, Australia, Austria, Bulgaria, Chile, Italy, Latvia, Libya, Liechtenstein, Romania, Singapore, and Switzerland), and five countries voted against (Czech Republic, Hungary, Israel, Poland, and the United States).
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Samaddar, Ranabir. "The Global Gaze of Protection, Care, and Power". Refuge: Canada's Journal on Refugees 36, n.º 1 (12 de julho de 2019): 75–86. http://dx.doi.org/10.25071/1920-7336.40617.
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The Global Compacts on Refugees and Migrants have been widely considered as opportunities for the world to reconsider old approaches to refugee and migrant protection. The New York Declaration is global, not only because it emanates from a global institution, but also because of the following aspects, to be detailed in course of this article: First, a single declaration covering subjects of migration and forced migration is an acknowledgment of the reality that the two have deep relations, and that population flows are increasingly mixed and massive, defying neat categorization. Second, the declaration also highlights the limits and/or unwillingness of states to carry primary responsibility of refugees and migrants, and hence opens up the possibility to include the “whole of society,” which is to say the “whole of globe” covering stakeholders including business and commercial segments. Third, the new approach is global because refugees and migrants are conceptualized as subjects of global development. Fourth, migration and refugee “crises” are considered inevitable, hence the need for durable solutions, such as the need for a globally relevant comprehensive response framework. And finally, the article touches on the changing nature of the rights question under such a technological mode of management. These aspects are not discussed separately in order, but in an interrelated way. The article is a post-colonial critique of an emerging global apparatus of care and power.
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Lee, Luke T. "The Cairo Declaration of Principles of International Law on Compensation to Refugees". American Journal of International Law 87, n.º 1 (janeiro de 1993): 157–59. http://dx.doi.org/10.2307/2203860.
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At its Sixty-fifth Conference in Cairo, April 20-26, 1992, the International Law Association approved by consensus the Declaration of Principles of International Law on Compensation to Refugees. Prepared by the International Committee on the Legal Status of Refugees, these principles build upon earlier drafts that were debated at the Sixty-third Conference in Warsaw in 1988, and were approved “in principle” at the Sixty-fourth Conference in Queensland, Australia, in 1990.
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Sultana, Summer, Sabir Ijaz e Mubasshar Hassan Jafri. "UNIVERSAL HUMAN RIGHTS DECLARATION: RIGHT TO RETURN OF PALESTINIAN REFUGEES". Journal of Social Sciences and Humanities 58, n.º 2 (31 de dezembro de 2019): 71–86. http://dx.doi.org/10.46568/jssh.v58i2.7.
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For over last 70 years, the concept of "return" attained primary focus for the national narrative of Palestinian struggle against devastating conditions, categorized as (i) eviction from ancestral homeland, (ii) diffusion in all aspects and (iii) reconstitution of national unity. However, the very idea create fears among Israelis regarding their authority of whole Zionist enterprise, as well as demographic stability of Arab-Jewish ventures, with regards to the return of large number of Palestinians to their own places or any other part in Palestine. Discrimination in opposition to Palestinians is no longer perpetrated fully by Israeli state, but common to its society, as well. Our article is an answer to the complicated question: Can refugees along with other displaced victims ever claim their right in entering Israel and Palestine, since this State includes Gaza and West Bank territories? Various articles have made an attempt to clarify the matter through some internal laws and have also interpreted the rights mentioned in ‘International Covenants on Civil and Political Rights’, particularly while clarifying the idea evolved from the typical term: 'his own country’. The article focuses on the viable first point, specifically on the claim as a right of the Diasporas return to the formerly called ‘Palestine’. Various resources are utilised for the purpose of the research. This includes books, scholarly researched articles and newspapers etc. The study is analytical in nature and based on qualitative research method. Most of the literature used for the article is Secondary. The conclusion drawn in precise manner is that the intentions are blended in repeated violations of human rights, along with ethnic and religious refining and various innumerable deficiencies, and try to become regularly involved in sensitive issues. This turned out to be disheartening for the people living there as no efforts are made for a truthful resolution.
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Christodoulou, George N., e Mohammed T. Abou-Saleh. "Greece and the refugee crisis: mental health context". BJPsych. International 13, n.º 4 (novembro de 2016): 89–91. http://dx.doi.org/10.1192/s2056474000001410.
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The recent influx of refugees and immigrants to Greece has coincided with the ongoing and deteriorating financial crisis. This situation does not allow the Greek authorities to provide help to the desired extent. Yet, the church, local communities, medical societies and non-governmental organisations are offering good psychosocial support. In parallel with support for refugees it is important to provide support for the citizens of the host country. The rich countries of northern Europe should help the poorer countries of southern Europe cope with the refugees. A number of important declarations on refugee mental health and related issues have been produced recently, including the Anti-war Declaration of Athens.
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Sackley, William H., e M. Kabir Hassan. "The Cartagena Declaration, the Baker Plan, and U.S. bank security returns: An empirical investigation". Journal of Economics and Finance 17, n.º 2 (junho de 1993): 51–63. http://dx.doi.org/10.1007/bf02920638.
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Khan, Fatima, e Cecile Sackeyfio. "Situating the Global Compact on Refugees in Africa: Will it Make a Difference to the Lives of Refugees “Languishing in Camps”?" Journal of African Law 65, S1 (17 de março de 2021): 35–57. http://dx.doi.org/10.1017/s0021855321000012.
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AbstractThe protection of refugees languishing in camps in Africa has posed a challenge for the international community for far too long. The OAU Refugee Convention does not reflect refugee rights or provide a durable solution for refugees in host states. Over the last 50 years there have been multiple attempts to resolve what remains one of the greatest challenges facing Africa. Each resolution has clarified the steps required to enhance the situation for those most affected and to provide solutions for refugee-hosting countries in need of strategic policies and funding. This article considers recent developments in refugee law since the adoption of the New York Declaration. It specifically evaluates the benefit of the Global Compact on Refugees (GCR) for African states and the refugees they host. Furthermore, because the OAU convention is the first refugee convention to make international solidarity (ie burden-sharing) a state obligation, the article assesses how the GCR builds on the convention.
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Jastisia, Mentari. "PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH". Yustitia 7, n.º 2 (15 de outubro de 2021): 148–58. http://dx.doi.org/10.31943/yustitia.v7i2.142.
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Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe
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Muijen, M. "Overview of European refugee mental health situation". European Psychiatry 33, S1 (março de 2016): S9. http://dx.doi.org/10.1016/j.eurpsy.2016.01.796.
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This presentation will offer information about latest number of refugees and internally displaced people across Europe, their (mental) health problems and activities and interventions coordinated by WHO. It will also suggest ways by which EPA and WHO could continue their effective partnership to assist countries.Disclosure of interestThe author has not supplied his declaration of competing interest.
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van Berckel Smit, Jasper. "Taking Onboard the Issue of Disembarkation". European Journal of Migration and Law 22, n.º 4 (11 de dezembro de 2020): 492–517. http://dx.doi.org/10.1163/15718166-12340086.
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Abstract Disembarkation of rescued refugees is increasingly denied by Mediterranean States, as disembarkation triggers obligations of refugee reception in the absence of a distribution mechanism. This article assesses the international law of the sea to answer the question why a distributive mechanism is needed to provide for a predictable solution for disembarkation of rescued refugees in the Mediterranean. It concludes that, due to States’ shared obligation to allow disembarkation of seaborne refugees and uncertainties over ill-defined essential concepts and responsibilities, States enjoy much discretion to securitize maritime migration. It frustrates search and rescue (SAR). A successful way to reestablish the integrity and effectiveness of the SAR regime is to create an effective and foreseeable relocation mechanism. Finally, this article’s critical analysis of the Malta declaration—which failed to resolve the stalemate in the central Mediterranean—provides for valuable lessons towards a new system of responsibility-sharing in Europe.
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García Cívico, Jesús. "Two-Lane Blacktop: Refugees & Torture". Age of Human Rights Journal, n.º 8 (16 de junho de 2017): 49–66. http://dx.doi.org/10.17561/tahrj.n8.3.
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The right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, and the right of asylum have, individually considered, an extensive field of application", but it is possible to point out some traits in common. Firsty, in both rights undelie the moral spirit of the Universal Declaration of Human Rights. At the same time, according to the recent reports of the main human rights organisations, both rights are in deep political crisis. Furthermore, is possible to see that sometimes they cross each other: there is a triple «zone of intersection between the right of asylum and the right not to suffer torture, inhuman or degrading treatment: one of the reasons for escaping from a country is to avoid suffering torture ("refuge after torture") secondly, sometimes inhuman and degrading treatment occur precisely in the process of seeking asylum ("inhuman treatment in the refuge"), finally, there are countries with strong deficiencies in their immigration policies and this can produce a perverse effect: the transfer of potential asylum seekers to countries where they are at risk of torture or inhuman treatment again ("torture or inhuman and degrading treatment after asylum").
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Poole, Amanda, e Jennifer Ann Riggan. "Oscillating Imaginaries: War, Peace, and the Precarious Relations between Eritrea and Ethiopia". Modern Africa: Politics, History and Society 10, n.º 1 (25 de agosto de 2022): 33–60. http://dx.doi.org/10.26806/modafr.v10i1.413.
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While the 2018 peace declaration between Ethiopia and Eritrea was widely celebrated, Eritrean refugees expressed concern that peace would be destabilising, and their status in Ethiopia would change. Their concerns were shaped by a long history of oscillating imaginaries of how Eritrea “fits” with Ethiopia. Drawing from historical analysis and ethnographic fieldwork leading up to the peace agreement, we explore how these oscillating imaginaries create an uncomfortable and unstable situation for Eritreans in Ethiopia, rendering refugees vulnerable to unpredictable violence. Better understanding the way identity categories have been subject to constant slippage and have been instrumentalised by political elites could help to forge a more peaceful future among Ethiopia’s nationalities and between Ethiopia and Eritrea.
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YAZGAN HADZIBULIC, Seda. "Child Refugees in Europe". PRIZREN SOCIAL SCIENCE JOURNAL 4, n.º 2 (31 de agosto de 2020): 49–54. http://dx.doi.org/10.32936/pssj.v4i2.148.
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This paper provides an overview of the literature on the current refugee crisis in Europe, which primarily focuses on the situation of refugees that are children. Due to its magnitude, the world is currently facing one of the biggest humanitarian crises it has ever witnessed. Millions of people and young children have fled their home countries and became refugees The horror of wars and conflicts has affected all of the refugees while undoubtedly, it has had a more profound and significant impact on the children refugees. The rights of these refugee children are paramount, and one of these rights is that they are provided with safety and resources that will help them cope with the crisis while also ensuring they are provided a chance to a brighter future. The United Nations Declaration of Human Rights. The European Union and the whole world have a direct responsibility to provide basic necessities such as food, shelter, education, health which can help and alleviate the mental and emotional suffering which the refugee children face. My research will focus on three important aspects of the child refugees crisis in Europe The general conditions of the children refugees, the conditions of camps especially in Italy, Greece, and Spain, and how the crisis has affected their daily lives and mental health. In the end, my conclusion will focus on the question of, what are the policies which Europe has to change which are designed to help and lead the refugee children which to a better futureThe aim of this paper to have a better understanding of children refugees in Europe and to raise global awareness about their conditions and the humanitarian crisis at hand. My research will consist of information from academic articles, published books, various websites, data from previous studies, and resources.
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Pudjibudojo, Widya Priyahita. "Criticizing the Handling of Rohingya Refugees in Southeast Asia by ASEAN and Its Members". Politika: Jurnal Ilmu Politik 10, n.º 2 (31 de outubro de 2019): 229. http://dx.doi.org/10.14710/politika.10.2.2019.211-219.
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This article is a combination of scientific and policy papers. It will critically review how the Rohingya refugees were handled in Southeast Asia. The method used is qualitative policy analysis. The author will compare the statements contained in the ASEAN Charter, the Blueprint of the ASEAN Political-Security Community, and the ASEAN Declaration of Human Rights (AHRD) as legal umbrellas which guarantee the fulfilment of human rights in Southeast Asia with the policy responses of ASEAN and some of its members (Indonesia, Thailand, and Malaysia) toward the flow of Rohingya refugees. The policy analysis will target the substance and implications of the refugees. In general, there are two approaches to refugee policies, ‘security’ with an orientation toward state sovereignty and ‘humanism (human security)’ which is pro-refugee. The author uses the second approach as a framework and a standing position. Based on the results of the analysis, the security approach is far more dominant in the handling of Rohingya than humanism. The wave of Rohingya refugees is read as a security threat, economic burden, potential cultural issue, and other negative things that ultimately put the refugees in a worse position. The author criticizes this and suggests a number of recommendations to pursue a more humanistic approach.
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Arboleda, Eduardo. "The Cartagena Declaration of 1984 and its Similarities to the 1969 OAU Convention—A Comparative Perspective". International Journal of Refugee Law 7, Special_Issue (1995): 87–101. http://dx.doi.org/10.1093/reflaw/7.special_issue.87.
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Cardenas, Diana, Charles Bermúdez e Rocco Barazzoni. "The Cartagena Declaration: A call for global commitment to fight for the right to nutritional care". Clinical Nutrition 38, n.º 5 (outubro de 2019): 2458–59. http://dx.doi.org/10.1016/j.clnu.2019.07.015.
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Kajori Bhatnagar. "LGBT’s as Special Groups Seeking Asylum Rights (Asylum, gender, sexual orientation, persecution, legislations)". Legal Research Development 2, n.º III (30 de março de 2018): 18–25. http://dx.doi.org/10.53724/lrd/v2n3.04.
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The Universal Declaration of Human Rights enshrines the right of all persons to seek and enjoy asylum. Refugees are individuals who have fled their country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership of a particular social group. The United Nations High Commissioner for Refugees (UNHCR), as well as some countries of asylum, have recognized that lesbian, gay, bisexual and transgender (LGBT) and intersex individuals may qualify as “members of a particular social group”, which is an imperative factor in refugee status determination. The identification crisis and their attribution of self determination often lead to compounded issues of abuse and the reasons of flight. However, what is important is that their individuality is rightly identified and respected
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Vöneky, Silja. "International Standard Setting in Biomedicine – Foundations and New Challenges". Volume 61 · 2018 61, n.º 1 (20 de junho de 2019): 131–51. http://dx.doi.org/10.3790/gyil.61.1.131.
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This article examines current challenges for a normative framework regulating biomedicine, including those arising from the use of big data and machine learning tools, and from the use of the CRISPR/Cas-9 technology, as for instance gene drives. The article focusses on the question of legitimate standard setting and takes into account both “hard” and “soft” law as well as private rule making. This includes international treaties and declarations in the area of human rights law and environmental law, such as the International Covenant on Civil and Political Rights, the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, the Rio Declaration on Environment and Development, and, more specifically, the UNESCO Declaration on Bioethics and Human Rights. The author argues that, as instruments of biotechnology and biomedicine merge, international environmental law has to be interpreted in the light of human rights law. In order to adapt to new challenges, the article calls for a humanisation of international environmental law and, because of the ongoing disruptive technological development, argues that further legitimate standard setting is required. Keywords: Biomedicine, Biotechnology, Gene Drives, Standard Setting, CRISPR/Cas-9, Artificial Intelligence
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Jokela, S., e J. Mäki-Opas. "PALOMA project – developing National mental health policies for refugees". European Psychiatry 41, S1 (abril de 2017): S337—S338. http://dx.doi.org/10.1016/j.eurpsy.2017.02.292.
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IntroductionEarlier researches have established that migrants with refugee background have increased risk for variety of mental health problems due to often traumatic reasons for leaving their home country, hazardous journey and post-migration adversity. The challenge is that mental health work with refugees is not systematically organized in Finland. PALOMA (developing National mental health policies for refugees 2016-2018) project was launched to answer these challenges. The project is carried out through the combined effort of National institute for health and welfare, The Finnish association for mental health, Helsinki and Kuopio university hospitals, and the municipality of Hämeenlinna. PALOMA Project is founded by the Asylum, migration and integration fund (AMIF).ObjectivesPALOMA project focuses on exploring existing good practices and weaknesses in mental health services in use for refugees. The objectives of the project are to develop a national model for effective mental health services for refugees and implement it nationwide in Finland.AimsThe aim of PALOMA Project is to develop a national model for effective mental health services for refugees in Finland.MethodsPALOMA Project includes three phases: data collection (interviews, literature review, seminars), building the model in expert groups and implementing the model.ResultsAs a result of PALOMA Project, there will be guidelines for professionals working in different levels of administration with refugees in Finland.ConclusionRefugees’ mental health and wellbeing will be improved as a result of better prevention, recognition and appropriate care of mental health problems.Disclosure of interestThe authors have not supplied their declaration of competing interest.
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Reina Rivero, Randy, Carlos E. Barrios Angulo, María Mónica De Vivero, María Camila Guzmán, Miguel Ángel Caballero Barboza e Nathalie Acevedo. "Determinación de poblaciones circulantes en sangre periférica de linfocitos T, reguladores CD4+ CD25+ CD127-, en niños asmáticos alérgicos". Revista Alergia México 71, n.º 1 (23 de abril de 2024): 73. http://dx.doi.org/10.29262/ram.v71i1.1363.
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Introduction: The type 2 immune response participates in the defense against parasitic infections, but in the context of asthma and allergies, this response can react disproportionately to environmental allergens, triggering inflammation and airway hyperreactivity. Regulatory T cells (Tregs) play a fundamental role in modulating and controlling the inflammatory response; thereby, a decrease or dysfunction of Tregs could result in increased sensitization to allergens, aggravating asthma and allergies. Evaluations of Tregs usually include intracellular stains for Foxp3, but a new immunophenotyping panel can detect Tregs by staining with CD25 and CD127. Objective: To carry out a preliminary analysis on the Treg lymphocyte counts present in the peripheral blood of allergic asthmatic children from the city of Cartagena (Colombia) compared to healthy controls. Methodology: We compared cytometry counts of 10 asthmatic patients (age 7-16 years) and 7 healthy controls (6-12 years) recruited in the city of Cartagena. Peripheral blood samples were stained using Cytek’s 14-color cFluor Immunoprofiling kit (Cytek® cFluor® Immunoprofiling Kit 14 Color RUO kit) and analyzed on a Northern Lights™ spectral cytometer (Cytek® Biosciences, Fremont, CA, USA) to read 50,000 events per sample. The data obtained were analyzed in SpectroFlo® and FlowJo. The study was approved by the ethics committee of the University of Cartagena (SGR, Grant BPIN2020000100405). Results: The frequency of CD3+ CD4+ CD25+ CD127- Tregs was 11% of all CD4+ T cells, with a range of minimum 8.1% and maximum 17.7%. There was no significant difference in the proportion of Tregs between allergic asthmatic patients and healthy controls (P = 0.2). Conclusions: With this preliminary sample size, no significant differences were found in the Treg lymphocyte population between allergic asthmatic patients and healthy controls. The 14-color multiplexed panel is a useful tool not only to count CD3+ and CD4+ populations but also to obtain the percentage of regulatory T cells using cell surface markers. Funding: This study was funded by the SGR, project BPIN2020000100405 and the University of Cartagena. Declaration of conflict of interest: The authors declare that they have no conflicts of interest in relation to this work.
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Melatunan, Hendrik O., Lucia Charlota Octovina Tahamata e Wilshen Leatemia. "Pengaturan Tentang Pengungsi Dan Tanggung Jawab UNCHR Bagi HAM Para Pengungsi". TATOHI: Jurnal Ilmu Hukum 3, n.º 11 (31 de janeiro de 2024): 1069. http://dx.doi.org/10.47268/tatohi.v3i11.2099.
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Introduction: The changes and developments of the times until now have not provided a reference for the development of international law as a whole, including in dealing with refugees.Purposes of the Research: This study aims to examine and analyze UNHCR's responsibility for the human rights of refugees in terms of international law and the regulation of refugees in terms of international law.Methods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results of the study show that the international standard rules that have been agreed upon by the nations of the world related to the legal arrangements for refugees are contained in the 1951 Convention and the 1967 Protocol on the Status of Refugees. Another instrument is the Declaration of Human Rights because the refugee issue is closely related to human rights issues. In addition, there is also the UNHCR Statute which contains the roles, duties and authorities of UNHCR as an international institution dealing with refugees. UNHCR is an international institution formed, sheltered and an extension of the United Nations to specifically deal with issues related to refugees. On December 14, 1950, the UNHCR Statute established the function of UNHCR, namely to provide international protection, under the auspices of the United Nations, to refugees. In particular, UNHCR has four roles, namely as initiator, facilitator, mediator & conciliator, and as determination. In dealing with Myanmar refugees in Thailand, UNHCR uses 3 methods to deal with the refugee problem, namely Repatriation, Local Integration, and Resslement.
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Sönmez, E., J. Jesuthasan, I. Abels, R. Nassar, C. Kurmeyer e M. Schouler-Ocak. "Study on Female Refugees – A Representative Research Study on Refugee Women in Germany". European Psychiatry 41, S1 (abril de 2017): S251. http://dx.doi.org/10.1016/j.eurpsy.2017.02.038.
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IntroductionGermany is one of the European countries that receive the highest number of refugees for the last years, with around 468 thousand asylum seekers in the first half of 2016. However, the increase in the speed of short-term procedures regarding refugees may at the same time overlook the risks regarding specific populations. Moreover, women and children constitute the most vulnerable groups during war and conflicts and the worst effects, in terms of physical, mental and social consequences, develop on these groups.ObjectivesTo understand deeply the psychosocial situation of female refugees that have arrived in Federal German Republic, to assess their challenges and resources before, during and after the displacement and to propose recommendations for policy changes.MethodsThe study consists of two modules, taking place in five states in Federal German Republic, including Berlin, Mecklenburg-Vorpommern, Bayern, Hessen und Mainz. In the first step, a representative stratified sample of female refugees from Syria, Iraq, Iran, Afghanistan, Somali and Eritrea are recruited. The quantitative study instrument include a socio-demographic question form and HSCL-Hopkins checklist, Harvard Trauma questionnaire, Beck depressions inventory, EUROHIS–QOL and SCL-14. In the second step, a qualitative in-depth analysis of focus group meetings is conducted.Results and conclusionsThere is an urgent need to take action for the mental health problems of refugees. This study constitutes one of the most extensive researches, especially on a subpopulation of refugees that requires specific attention. Challenges faced throughout the protocol and detailed results will be shared as presentation.Disclosure of interestThe authors have not supplied their declaration of competing interest.
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Shuranova, L., J. Vacková, K. Hellerová, B. Faltová, R. Vistořín, R. Švestková e R. Prokešová. "Healthcare support for ukrainian refugees in the Czech Republic: a literature review". Medicni perspektivi 29, n.º 1 (1 de abril de 2024): 34–43. http://dx.doi.org/10.26641/2307-0404.2024.1.300498.
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The article focuses on the analysis of "most common methods providing health care to migrants and refugees and on the other hand on the analysis of "most common health problems" of refugees and migrants especially in Europe after the outbreak of war in Ukraine. Stemming from the conflict since 2014, it has triggered the most significant wave of refugees in contemporary history. The method of analysis is a "literature review" created from available sources in Medline, Scopus, PubMed, and Web of Science, focusing on data systematization within the GAJU 101/2022/S project funded by the South Bohemian University in České Budějovice, Czech Republic. The search strategy included keywords such as "Ukrainian migrants," "refugees," "health data," "central registry," "healthcare crisis," and "aid provision," employing logical operators. We examined 41 literary sources from both Czech and international publications, as well as official institution websites. The study identifies the complex interplay between migration and health, revealing diverse needs among migrants and refugees. It emphasizes the necessity of developing effective healthcare policies, particularly in crisis situations. Understanding the implementation of legal provisions for healthcare access is crucial for adapting healthcare systems in Europe. Upholding the principles of the Universal Declaration of Human Rights during information gathering ensures equal access to medical assistance regardless of individuals' status or financial standing. Therefore, further research in this direction should not only deepen our understanding of the migration-health relationship but also translate knowledge into policies for improving healthcare conditions for migrants and refugees in Europe.
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Ivanov, D. V., e J. M. Aliyev. "Global Forum on Migration: a New Stage of State Cooperation on Forced Migration". Journal of Law and Administration 20, n.º 1 (30 de maio de 2024): 92–102. http://dx.doi.org/10.24833/2073-8420-2024-1-70-92-102.
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Introduction. The 1951 Convention relating to the Status of Refugees is the legal basis of the global system of international protection of forced migrants, but it does not cover all contemporary aspects of international legal regulation of forced migration. UN member states cannot agree on the adoption of a new international legal act of universal character that would replace the 1951 Convention, which was adopted more than seven decades ago [13. P. 4-5]. “Migration crisis” of 2015–2016 forced the world community to return to the search for solutions to the problems of international legal regulation of forced migration. First, UN member states adopted the New York Declaration on Refugees and Migrants in 2016. According to Annex I to the Declaration, UNHCR was tasked with developing a new international legal act on forced migration within two years. The UNHCR, as part of its annual report in 2018, presented a draft Global Compact on Refugees, which was adopted by the UN General Assembly. Global Compact on Refugees drafted by UNHCR, although not legally binding, enshrined mechanisms for equitable burden-sharing among states. One such mechanism is the Global Refugee Forum, which is to be held every four years. This article focuses on the first and second Global Refugee Forums and their outcomes, which took place in 2019 and 2023.Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes: historical and legal comparative method; method of system-structural analysis; formal logical method.Research Findings. The analysis revealed that the Global Compact on Refugees 2018 is the compromise that UN member states agreed to. It is not legally binding. One of the main problems that continue to the present day is the lack of mechanisms for equitable burden and responsibility sharing among states. The Global Compact enshrined mechanisms for predictable and equitable burden and responsibility sharing among all UN member states. One of these is the Global Refugee Forum.Discussion and Conclusion. In the study, the authors formulated the preconditions for the adoption and analyzed the content of the Global Compact on Refugees 2018, and substantiated the importance of the Compact at the current stage of international legal regulation of forced migration. It is established that this Compact does not completely eliminate the problem of unfair burden sharing. The authors analyze the activities of the first and second Global Forum on Refugees, concluding that the forum has its own mechanisms for summarizing results, analyzing achievements, and biannual meetings of high-level officials are envisaged. The authors conclude that such a mechanism could have a positive impact on improving international legal regulation of forced migration and providing international protection to forced migrants.
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Schouler-Ocak, M. "Providing Care for Migrants and Refugees". European Psychiatry 41, S1 (abril de 2017): S35. http://dx.doi.org/10.1016/j.eurpsy.2017.01.165.
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With growing globalisation and an increasing number of people on the move across boundaries, it has become vital that service providers, policy makers and mental health professionals are aware of the different needs of the patients they are responsible. One of the most fundamental barriers for migrants, refugees and asylum seekers in accessing health services are inadequate legal entitlement and, mechanisms for ensuring that they are well known and respected in practice. Access to the healthcare system is impeded by language and cultural communication problems. Qualified language and cultural mediators are not widely available, and moreover, are not regularly asked to attend. This can lead to misunderstandings, misdiagnosis and incorrect treatment, with serious consequences for the afflicted. The language barrier represents one of the main barriers to access to the healthcare system for people who do not speak the local language; indeed, language is the main working tool of psychiatry and psychotherapy, without which successful communication is impossible. Additionally, the lack of health literacy among the staff of institutions, which provide care for refugees and asylum seekers means that there is a lack of knowledge about the main symptoms of common mental health problems among these groups. The healthcare services, which are currently available, are not well prepared for these increasing specific groups. In dealing with ethnic minorities, including asylum seekers and refugees, mental healthcare professionals need to be culturally competent.In this talk, main models for providing mental health care for migrants and refugees will be presented and discussed.Disclosure of interestThe author has not supplied his declaration of competing interest.
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Bazaid, K. "Syrian Refugees in Canada: Clinical Experience in Mental Health Care". European Psychiatry 41, S1 (abril de 2017): S620. http://dx.doi.org/10.1016/j.eurpsy.2017.01.996.
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War is the most serious of all threats to health (World Health Organization, 1982) and can have severe and lasting impacts on mental health. Forced displacement and migration generate risks to mental well-being, which can result in psychiatric illness. Yet, the majority of refugees do not develop psychopathology. Rather, they demonstrate resilience in the face of tremendous adversity. The influx of Syrian refugees to Canada poses challenges to the health care system. We will present our experience to date in the Ottawa region, including a multisector collaborative effort to provide settlement and health services to newly arriving refugees from the Middle East and elsewhere. The workshop will be brought to life by engaging with clinical cases and public health scenarios that present real world clinical challenges to the provision of mental health care for refugees.Objectives(1) Understand the predicament of refugees including risks to mental health, coping strategies and mental health consequences, (2) know the evidence for the emergence of mental illness in refugees and the effectiveness of multi-level interventions, (3) become familiar with published guidelines and gain a working knowledge of assessment and management of psychiatric conditions in refugee populations and cultural idioms of distress.How will the participants receive feedback about their learning? Participants will have direct feedback through answers to questions. The authors welcome subsequent communication by email. Presenters can give attendants handouts on pertinent and concise information linked to the workshop.Disclosure of interestThe authors have not supplied their declaration of competing interest.
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Triggs, Gillian D., e Patrick C. J. Wall. "‘The Makings of a Success’: The Global Compact on Refugees and the Inaugural Global Refugee Forum". International Journal of Refugee Law 32, n.º 2 (junho de 2020): 283–339. http://dx.doi.org/10.1093/ijrl/eeaa024.
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Abstract The last five years have witnessed a dramatic increase in the number of forcibly displaced people worldwide, and a key part of the international response has been a multilateral and multi-stakeholder effort to develop an architecture to share more equitably and predictably the burden and responsibility for hosting and supporting the world’s refugees. This piece offers a reflective assessment of this regime-strengthening exercise – the key milestones of which have been the New York Declaration, the Global Compact on Refugees, and the first Global Refugee Forum – and assesses what has been achieved and what challenges still lie ahead. The Global Compact on Refugees is presented as the product of a ‘States plus’ approach to multilateralism that brought together a wide range of States, other stakeholders, and – importantly – refugees to fill a crucial gap in the international refugee protection regime. It seeks to do this by bolstering international cooperation with a view to enhancing protection and expanding access to solutions, building on existing and emerging trends, and laying the ground for future cooperation. The first Global Refugee Forum in December 2019 was an important and positive first step in the Compact’s implementation, but much more remains to be done before success can be declared. In postscript, the authors reflect on the emergence of the COVID-19 pandemic, its impact on the international refugee response regime, and the role for the Global Compact on Refugees in the response.
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Gunawan, Yordan, Carissa Shifa Novendra e Aldha Febrila. "Indonesia's responsibility towards Rohingya refugees: analysis of the 1951 Refugee Convention". Legality : Jurnal Ilmiah Hukum 32, n.º 2 (25 de abril de 2024): 182–94. http://dx.doi.org/10.22219/ljih.v32i2.32164.
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The Acehnese people refused the boat carrying more than 200 Rohingya migrants in early 2024; therefore, UNHCR is pleading with the Indonesian authorities to allow them to disembark. The UNHCR report states that there are currently 1,608 Aceh refugees, including 140 survivors from the previous year. People are increasingly worried about the impact of the significant influx of Rohingya individuals in Aceh. Indonesia's acceptance of those seeking safety for humanitarian reasons has significantly affected the Acehnese population. Indonesia is being pressured to provide assistance to Rohingya refugees despite not being a signatory to the Refugee Convention. The issue at hand is whether Indonesia is legally obligated to help Rohingya refugees under the Refugee Convention. This study utilized normative legal research, commonly known as document analysis involving a qualitative examination of secondary data sources. The investigation included sources such as books, papers, and treaties, specifically focusing on the Refugee Convention of 1951. Indonesia, as it is not a signatory to the Refugee Convention, does not have a legal duty to aid the Rohingya refugees in Aceh based on the Refugee Convention. This study employed normative legal research, analyzing documents qualitatively with secondary sources like books, articles, and treaties, notably the 1951 Refugee Convention. Consequently, since Indonesia has not ratified the Refugee Convention, it is not bound by legal obligations to assist the Rohingya refugees in Aceh. However, Indonesia still maintains a responsibility according to the Universal Declaration of Human Rights.
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Read, Timothy, Alan Bruce e Don Olcott, Jr. "Development for Empowerment: Mobilising Online and Digital Micro-Credentials for Refugees". Journal of Learning for Development 11, n.º 2 (21 de julho de 2024): 253–69. http://dx.doi.org/10.56059/jl4d.v11i2.1357.
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Development for empowerment focuses on leveraging education via digital technologies and micro-credentials for training and education as part of the integration, social inclusion and capacity building for displaced persons. Development for empowerment builds upon the previous concepts of development including Amartya Sen’s ‘development as freedom,’ the core concept of education and learning as development, and the use of digital technologies for building human capacity so people can make their own choices and pursue the lives they wish to lead. Development for empowerment for refugees broadens the construct of development and is integral to promoting and nurturing ‘equity, access and success’ amongst refugee populations. The authors highlight critical resources that support the basic tenets of human empowerment such as the UN’s Declaration of Human Rights, the UN’s Basic Needs Approach to Refugees, Maslow’s Hierarchy of Needs, and the key strategies of online delivery and micro-credentials development. Moreover, the authors emphasise that the integration, social inclusion and integration of refugees is a highly complex construct to implement and sustain, thus reflecting the constant tension of refugees’ emotional desire to return home versus rebuilding a new life in a new country. In the final analysis, ‘development for empowerment’ + open and distance learning + digital micro-credentials create a powerful synergy for serving refugees and fulfilling the spirit of preserving human rights through education and the pursuit of one’s chosen life as a precious human ideal.
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Appleby, Kevin. "Strengthening the Global Refugee Protection System: Recommendations for the Global Compact on Refugees". Journal on Migration and Human Security 5, n.º 4 (dezembro de 2017): 780–99. http://dx.doi.org/10.1177/233150241700500404.
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On September 19, 2016, the United Nations (UN) General Assembly adopted the New York Declaration for Refugees and Migrants. This document launched a two-year process to develop a Global Compact on Responsibility Sharing on Refugees (“Global Compact on Refugees”) and a Global Compact for Safe, Orderly, and Regular Migration. With a record 65 million displaced persons in the world, the global community must come together to fashion a stronger protection regime for persons on the move. This paper outlines broad themes and specific recommendations that the Global Compact on Refugees should adopt on how to strengthen the global refugee protection system. The recommendations fall into several categories: (1) responsibility sharing for the protection of refugees; (2) filling in protection gaps; (3) balancing and replacing deterrence strategies with protection solutions; (4) refugee resettlement; and (5) building refugee self-sufficiency. Some of the key recommendations include: • the development of a responsibility-sharing formula to respond to large movements of refugees; • the development of an early warning system to identify and respond to nations in crisis; • the adoption of principles included in the Nansen and Migrants in Countries of Crisis initiatives; • the use of temporary protection measures to protect populations that flee natural disaster; • the adoption of model processes that ensure safe and voluntary return; • cooperation between destination and transit countries to expand refugee protections; • the provision of asylum and due process protections at borders; • the use of development assistance to ensure the self-sufficiency of refugees; • the adoption of a goal to resettle 10 percent of the global refugee population each year; • the establishment of a refugee matching system between refugees and resettlement countries; and • the adoption of coherent strategies, involving all sectors, to address large movements of refugees. This paper draws heavily, albeit not exclusively, from a series of papers published as a special collection in the Journal on Migration and Human Security1 on strengthening the global system of refugee protection.
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Costa, Daniel. "The Brasilia Declaration on the Protection of Refugees and Stateless Persons in the Americas". International Legal Materials 50, n.º 3 (junho de 2011): 357–63. http://dx.doi.org/10.5305/intelegamate.50.3.0357.
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Muthahari, Ichsanoodin Mufty, e M. Almudawar. "Perspektif Hukum dalam Perlindungan Hak Asasi Manusia terhadap Pengungsi (Refugees) dan Pencari Suaka (Asylum Seekers) di Indonesia Dalam Penanganan Pengungsi di Luar Negeri Pada Masa Pandemi Covid-19". Jurnal Ilmiah Universitas Batanghari Jambi 22, n.º 1 (19 de fevereiro de 2022): 297. http://dx.doi.org/10.33087/jiubj.v22i1.1777.
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The form of a state is the basis of one of the state instruments whose threats originating from external to the state must be considered. With state security instruments originating from external threats, it is necessary to have cooperation from various state instruments, both institutions that are under the auspices of the executive, legislative and judicial tasks. One of the instruments of state institutions that have security and carry out these tasks is the Directorate General of Immigration, which apart from the services of Kei, Law Enforcement and Facilitator of Community Welfare Development, one of the functions referred to in the above discussion is the state. The legal basis held by Immigration is Law Number 6 of 2011 concerning Immigration and several other legal instruments for security and other supervision. The Directorate General of Immigration detected several other agencies related to the duties of state security instruments. The state problems that have occurred in Indonesia related to security lately are the presence of a population of Refugees and Asylum seekers in Indonesia, the largest number of Refugees (Refugees) in Indonesia are Refugees who come from Afghan citizens. The reason the country has many large-scale refugee movements is because the country has reached an internal conflict in their country, and there are many phenomena of human rights violations such as violence, and inequality against women which is a basis for the freedom of a person's rights. The State of Indonesia legally and legally does not handle problems against Refugees (Refugees) because the State of Indonesia does not have the 1951 convention and the 1962 Protocol in Geneva, Switzerland which intensively discusses the handling of Refugees which was adopted by the United Nations as a form of elaboration of the United Nations (UN) Charter. and the Universal Declaration of Human Rights, in which the agreement intends to address and address the problems of Refugees, whether from threats of violence, rebellion, murder for various reasons due to ethnicity, race, religion and other political interests.
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Wasserman, D. "Suicide Risk in Refugees and Asylum Seekers". European Psychiatry 41, S1 (abril de 2017): S35—S36. http://dx.doi.org/10.1016/j.eurpsy.2017.01.167.
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Increasing numbers of individuals forced to leave their home countries in areas of war, conflict, human rights violations and persecution pose a challenge for host countries to meet the mental-health care needs of these individuals. Refugees and asylum-seekers may face unique risk factors for mental disorder before, during, and after their migration leading to suicidality. Experiences of family withdrawal, integration difficulties, and perceived lack of care may contribute to suicide within the refugee populations. Identifying effective treatments and support to minimize the risk especially once the individuals arrive in their new country is key to providing appropriate care. Barriers to mental-health care including lack of knowledge about available resources, communication or language barriers, cultural beliefs about origins and treatment of mental disease, as well as a lack of trust in authority, pose a challenge for health care providers and policy makers.Research has been inconsistent in the findings for the prevalence of mental disorders, suicidal behaviours, and suicide ideation among refugees and asylum seekers. Thus far, research has been limited to small scale, non-randomised, often qualitative analysis. Several studies have found higher rates of mental disorder, whereas others have found a similar prevalence as in the general population, although, Post-Traumatic Stress Disorder has more consistently been found to have a higher prevalence among migrants. The lack of early and thorough exploration of suicidal intent in this population requires large-scale quantitative studies to evaluate the effectiveness and feasibility of current practices in mental-health care and suicide prevention.Disclosure of interestThe author has not supplied his declaration of competing interest.
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Mandelc, Damjan. "Media Representations and Practices of Discrimination against Immigrants from an Intersectional Perspective". Treatises and Documents, Journal of Ethnic Studies / Razprave in Gradivo, Revija za narodnostna vprašanja 92, n.º 92 (1 de junho de 2024): 49–64. http://dx.doi.org/10.2478/tdjes-2024-0003.
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Abstract The article addresses the phenomenon of mass migration through an intersectional analysis, highlighting the interaction of discriminatory practices and exploring common exclusion mechanisms in the case of two minority groups: Muslim women and migrants/refugees. The starting point of the analysis is the media discourse on two legal documents addressing the ban of Muslim women’s headgear and the problem of illegal migration (the Marrakesh Declaration). The results of the research are applied to a broader reflection on the causes and consequences of discriminatory policies on minority and immigrant communities.