Bibliografias temáticas / Prevention of statelessness

Literatura científica selecionada sobre o tema "Prevention of statelessness"

Autor: Grafiati

Publicado: 20 de julho de 2024

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Artigos de revistas sobre o assunto "Prevention of statelessness"

Southwick, Katherine G. "How Statelessness Matters to Atrocity Prevention: Lessons from the Rohingya Case". Proceedings of the ASIL Annual Meeting 115 (2021): 203–6. http://dx.doi.org/10.1017/amp.2021.107.

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The plight of the Rohingya, a persecuted minority from western Myanmar, highlights basic yet underexamined links between statelessness and mass atrocities. In turn, the Rohingya case underscores how statelessness matters to law and practice regarding atrocity prevention, and suggests that norms to prevent statelessness and secure nationality rights warrant greater emphasis in the field of atrocity prevention.

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Manly, Mark. "UNHCR’s Mandate and Activities to Address Statelessness in Europe". European Journal of Migration and Law 14, n.º 3 (2012): 261–77. http://dx.doi.org/10.1163/15718166-12342007.

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Abstract 2011 marked the 50th anniversary of the 1961 Convention on the Reduction of Statelessness. The year was marked by stepped-up, unprecedented activity, culminating in a ministerial-level conference organised by UNHCR, which proved to be a watershed for international efforts on statelessness. The anniversary was also a sobering reminder, however. Fifty years after the adoption of the Convention, statelessness remains a significant problem in Europe and around the world. This article takes stock of statelessness in Europe, understood here as the countries which belong to the Council of Europe, by looking at the four key components of UNHCR’s mandate: identification, prevention and reduction of statelessness and the protection of stateless persons. It does so by looking at some of the key activities undertaken with regard to each of these areas in turn, and ends with a brief analysis of where things stand following the anniversary of 1961 Convention.

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Stein, Jill. "The Prevention of Child Statelessness at Birth: The uncrc Committee’s Role and Potential". International Journal of Children’s Rights 24, n.º 3 (24 de outubro de 2016): 599–623. http://dx.doi.org/10.1163/15718182-02403005.

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This article focuses on the role and potential of the un Committee on the Rights of the Child with regard to the prevention of statelessness at birth by looking to what extent this topic has been addressed and how this can be improved. It discusses what obligations follow from the Convention on the Rights of the Child (crc) with regard to the prevention of statelessness, such as the right to acquire a nationality and birth registration (article 7, crc). In addition, its monitoring framework is assessed, inter alia, by analysing 419 Concluding Observations of the crc Committee. On the basis of identified gaps, it provides several recommendations, including a designed new general comment.

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Kanics, Jyothi. "Preventing and Addressing Statelessness". Tilburg Law Review 19, n.º 1-2 (1 de janeiro de 2014): 117–26. http://dx.doi.org/10.1163/22112596-01902012.

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R K, Biju. "Childhood Statelessness: Critiquing International Norms and Enforcement Strategies". Brawijaya Law Journal 8, n.º 1 (30 de abril de 2021): 113–31. http://dx.doi.org/10.21776/ub.blj.2021.008.01.07.

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Over the past decade, there has been renewed interest in and commitment to resolving the endemic problem of statelessness, most clearly exemplified by the United Nations High Commissioner for Refugees’ Global Action Plan to End Statelessness 2014-24, which sets out to end statelessness by 2024. Despite the plethora of recent attention to questions of citizenship, its converse, the problem of statelessness and its effect on children, has not been adequately investigated. This paper attempts to delineate the causes of childhood statelessness in particular and to analyze the international legal framework for reducing and preventing it. It examines how statelessness is created, how it persists and why it brings with it the deprivations it does. It then subjects the customary and modern international legal norms governing childhood statelessness and enforcement strategies at Global level to close scrutiny and identifies the clearly discernible drawbacks and road blocks. It concludes with suggestions, inter alia, to make the jus soli citizenship a mandatory default clause in the citizenship laws of every country, to further prioritize birth registration and data collection and to strengthen the UPR process and reporting procedure.

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Alexander, Heather. "The US Supreme Court in Sessions v Morales-Santana: Preventing Statelessness for Children Born Abroad". Statelessness & Citizenship Review 1, n.º 2 (17 de dezembro de 2019): 330–42. http://dx.doi.org/10.35715/scr1002.118.

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Hasanah, Uswatun, e Elly Adriana Binti Ibrahim. "Exploring International Legal Challenges For Unhcr In Dealing With Rohingya Refugees In Aceh, Indonesia". Jurnal Ilmu Hukum Tambun Bungai 9, n.º 1 (1 de junho de 2024): 426–39. http://dx.doi.org/10.61394/jihtb.v9i1.382.

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The difficulties the UNHCR has managing Rohingya refugees in Indonesia are the main topic of this article. This article focuses on the challenges faced by the United Nations High Commissioner for Refugees (UNHCR) in managing Rohingya refugees in Indonesia. As the primary international agency tasked with refugee management globally, the UNHCR plays a crucial role in preventing statelessness, determining refugee status, and providing comprehensive remedies. However, the study reveals that despite receiving approval from the Indonesian government to operate, the UNHCR encounters difficulties in fulfilling its mandate to assist Indonesia's ethnic Rohingya refugees. This limitation is attributed to the escalating number of asylum seekers in Indonesia requiring aid. The research utilizes content analysis to delve into UNHCR's struggles with Rohingya refugees, gathering and analyzing various sources such as reports, studies, news, and policies related to Rohingya refugees in Aceh. Through this method, the study uncovers patterns and challenges encountered by the UNHCR, including managing crises and navigating international and local cooperation. Ultimately, this research provides a detailed understanding of the complexities surrounding the Rohingya refugee crisis in Aceh.

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Kamil, Rizqan, e Muhammad Fahmi Basyhah Fauzi. "Should There Be A Second Chance for Ex-ISIS Indonesians?" JILS (Journal of International and Local Studies) 7, n.º 2 (31 de julho de 2023): 52–58. http://dx.doi.org/10.56326/jils.v7i2.3031.

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The year of 2019 was hard on Islamic State in Iraq and Syria (ISIS), they lost their main territories and suffer from collapsing until finally lost their leader, al-Baghdadi, by US attack late October 2019. The situation led to the escape of thousands of their ex-members that currently stranded in several different refugee camps in Syria, among the thousands several hundred are Indonesian citizens. On February 11th 2020, the Indonesian government decided to not taking back all 689 Indonesian citizens that previously involved in the mentioned terrorist organization. This decision was taken under the pretext of preventing radical ideas to develop in Indonesia’s soil and ensuring the safety of Indonesian people from the threats of terrorism. Within this paper, we would like to challenge Indonesia’s decision by assessing the situation through the concept of international law and international security. According to the Universal Declaration of Human Rights and 1961 Convention on Reduction of Statelessness, every country should prevent its citizens from being stateless, thus Indonesia is in no position to reject its citizens and must assist them to get back to their country. Using the notion of international security, it is theoretically more beneficial for Indonesia to take their citizens back, rejection may lead to more dangerous retaliation by the abandoned citizens and could possibly cause bigger harm in their current state. This paper will try to offer alternative viewpoints to the current Indonesia’s policy.

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Frantseva, K. O. "Rights of stateless persons in the Law of the European Union". Uzhhorod National University Herald. Series: Law 3, n.º 82 (10 de junho de 2024): 267–72. http://dx.doi.org/10.24144/2307-3322.2024.82.3.42.

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The issue of protecting the rights of stateless persons remains relevant despite a number of international treaties aimed at preventing this negative legal phenomenon. The purpose of this article is to research and establish the peculiarities of the regulation of the legal status of stateless persons in the law of the European Union. The relevance of the chosen topic is due to the lack of comprehensive research and domestic science, as well as the need to study the legal standards of the European Union in the context of acquiring membership in this organization and the need to bring domestic legislation to the EU acquis. It has been established that the legal regime applied to stateless persons is close to that applied to persons who have the citizenship of third countries. At the same time, EU member states retain the right to determine the content of national citizenship, in particular, the grounds for acquisition and loss. However, this should take place taking into account their international obligations, as well as obligations related to EU membership, and be based on the principles of non-discrimination, legal certainty, ensuring gender equality, etc. Current EU regulations contain only minimum legal standards for the rights of stateless persons, which must be ensured by member states in their national legislation. It has been demonstrated that the lack of a single legislative approach to the definition of a stateless person among the EU member states can have negative consequences. Conclusions. The key practical problem in EU law today remains the need to introduce a single, unified for EU member states approach to determining a stateless person, as well as measures aimed at reducing cases of statelessness. Further development of EU law in this area should be aimed at convergence of the legislation of the member states in this area.

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Almashi, I. M. "Cooperation between the state authorities of the Ukraine and Office of the United Nations High Commissioner for Refugees: legal principles and directions for improvement". Uzhhorod National University Herald. Series: Law 2, n.º 76 (14 de junho de 2023): 184–90. http://dx.doi.org/10.24144/2307-3322.2022.76.2.31.

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This article discloses the main legal principles of cooperation between the authorized state bodies of Ukraine and the Office of United Nations High Commissioner for Refugees, whose activities in the conditions of full-scale armed aggression against our country are not just extremely important for a person, but vitally necessary. It is worth noting that until the aggressor invaded the territory of our country, the activities of High Commissioner were limited to the issues of persons who were and are refugees from other countries. Today, unfortunately, the Office of High Commissioner exercises its powers also in foreign countries in relation to refugees - our citizens. The United Nations High Commissioner for Refugees was founded in 1950 as an international institution whose main task is to help and protect refugees. The need for this body is also explained by the fact that from the moment of its creation, its powers were limited in time, then extended for five years for dozens of years.In December 2003, the UN General Assembly adopted a resolution according to which UN High Commissioner for Refugees shall act indefinitely until the refugee problem is resolved. Throughout its history, this international institution has helped more than 50 million people. Through its missions, which UN High Commissioner for Refugees has the right to establish on the territory of Ukraine, the latter provides assistance and provides protection to refugees on the territory of Ukraine.According to the Statute, High Commissioner ensures the protection of refugees, the care of which falls within the competence of his Office also by facilitating, with the help of special agreements with governments, the implementation of any measures aimed at alleviating the situation of refugees and reducing the number of refugees in need of protection; promoting governmental and private efforts aimed at encouraging the voluntary repatriation of refugees or their assimilation in new countries. However, it should be noted on the issue of the return to Ukraine of forcibly deported children - citizens of Ukraine and children who lived on the territory of Ukraine. In order to solve this problem, on February 24, 2023, the Verkhovna Rada of Ukraine adopted Resolution No. 2947-IX, which approved an appeal to international institutions, including UN High Commissioner for Refugees, with the demand to urgently take decisive measures to protect children — citizens of Ukraine and children, who lived on the territory of Ukraine, with the aim of: stopping the genocide of the Ukrainian people in terms of the forced deportation to the territory of the aggressor state or within the temporarily occupied territories of Ukraine of children who are citizens of Ukraine. It is worth adopting a law to regulate the issue of repatriation of forcibly deported citizens of Ukraine, including children, from the territory of the aggressor.The activity of the UN High Commissioner for Refugees in preventing cases of statelessness is also important

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Teses / dissertações sobre o assunto "Prevention of statelessness"

Fraga, Acosta Marcos Antonio. "Fondements constitutionnels pour le perfectionnement du régime juridique de la citoyenneté cubaine, en fonction de la prévention du risque d'apatridie". Electronic Thesis or Diss., Paris 10, 2024. http://www.theses.fr/2024PA100029.

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Cette recherche vise à justifier constitutionnellement le perfectionnement du régime juridique de l'acquisition et de la perte de la citoyenneté cubaine, en fonction de la prévention du risque d'apatridie à Cuba. À cette fin, il part d'une étude sociopolitique,éthique et juridique considérée sur la base de l'évaluation des conditions historiques et des éléments théoriques qui informent les phénomènes objet de la recherche, ainsi que de l'analyse de l'évolution et de l'actuel situation de son régime juridique à Cuba.L'analyse des processus sociopolitiques, le déballage des droits, la comparaison et l'analyse juridiques sont utilisées comme méthodes. En conséquence, une proposition constitutionnelle est formulée, sur la base de l'identité nationale cubaine comme substrat social, la dignité humaine comme valeur constitutionnelle suprême et la prise de l'accès à la citoyenneté comme droit humain. Les arguments qui soutiennent la proposition sont structurés à partir des droits qui constituent le droit à la citoyenneté, des critères internationaux pour sa protection et des règles et principes constitutionnels cubains actuellement en vigueur
This research is aimed at constitutionally substantiating the improvement of the legal regulation of the acquisition and loss of Cuban citizenship, in accordance with the prevention of the risk of statelessness in Cuba. To this end, it starts from a sociopolitical, ethical and legal study considered on the assessment of the historical conditions and the theoretical elements that inform the phenomena under study, as wellas the analysis of the evolution and current situation of its legal regulation in Cuba. Analysis of socio-political processes, unpacking of rights, legal comparison and analysis are used as methods. As a result, a proposal is made constitutionally based onthe Cuban national identity as a social substrate, human dignity as a supreme constitutional value and the assumption of access to citizenship as a human right. The arguments that support the proposal are structured from the rights that constitute the right to citizenship, the international standards for its protection and the Cuban constitutional rules and principles currently in force

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Livros sobre o assunto "Prevention of statelessness"

Vlieks, Caia. Nationality and Statelessness in Europe: European Law on Preventing and Solving Statelessness. Intersentia Uitgevers N.V., 2022.

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Capítulos de livros sobre o assunto "Prevention of statelessness"

Masabo, Juliana. "Stateless and rightless?An appraisal of standards and practices on prevention of statelessness and protection of stateless persons in Africa". In The Routledge Handbook of African Law, 511–27. London: Routledge, 2021. http://dx.doi.org/10.4324/9781351142366-34.

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Laura, van Waas. "Part I International Refugee Law— Reflections on the Scholarly Field, Ch.8 The Intersection of International Refugee Law and International Statelessness Law". In The Oxford Handbook of International Refugee Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198848639.003.0009.

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This chapter focuses on the intersection of international refugee law and international statelessness law. While refugee law, policy, doctrine, and research evolved, it was not until after the turn of the twenty-first century that international statelessness law started to draw much attention and to begin to emerge as a field of its own. As global interest in statelessness grows, the interaction between statelessness and forced displacement has also come back under the spotlight. Thus, the chapter provides an insight into the relationship between statelessness and forced displacement. It starts by unpacking how statelessness can manifest itself as a cause or consequence of displacement, as well as how statelessness can be a complicating factor for refugee protection and durable solutions. The chapter then offers a brief overview of key norms relating to the protection of stateless persons and the prevention and resolution of statelessness, setting out the contours of international statelessness law. It also looks at the implications of the statelessness–displacement nexus by exploring the conceptual and practical questions that arise when a refugee is also stateless, and when a stateless person is also a refugee.

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Guy S, Goodwin-Gill, McAdam Jane e Dunlop Emma. "Part 3 Protection, 13 Nationality, Statelessness, and Protection". In The Refugee in International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198808565.003.0013.

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This chapter studies nationality, statelessness, and protection. Domestic law determines the content of nationality, and historically only those elements of nationality bearing on the relations between States were considered of relevance to international law. Questions of nationality, therefore, are in principle within the reserved domain of domestic jurisdiction, even if that leaves many questions open. At one time, it was easier to envisage that the realm of the domestic might not be co-extensive with the realm of the international—that a State’s nationals for the purposes of international law, might yet be divided ‘back home’ into those who did, and those who did not, enjoy the full benefits of civil status. In a post-modern age sensible of human rights, such distinctions, though not unknown, are difficult to justify. If the domestic conception of citizenship did not encompass a sense of protection by the State, including admission or re-admission, then it failed as an instance of nationality in the sense of international law. The chapter then reflects on statelessness in international law and practice. It looks at the elimination and prevention of statelessness and the protection of stateless refugees.

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"The Prevention of Child Statelessness at Birth: A Multilevel Perspective". In The United Nations Convention on the Rights of the Child, 390–413. Brill | Nijhoff, 2017. http://dx.doi.org/10.1163/9789004295056_021.

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