Дисертації з теми "The right to asylum"
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1
Kuosmanen, Jaakko Niilo. "Right to asylum and its protection." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6454.
Повний текст джерелаАнотація:
The topic of this thesis is justice and asylum. The central argument in the thesis is that citizens of all states have a moral right that entitles them to asylum in certain circumstances of deprivation. The right to asylum can be understood as a general derivative right, and it is grounded in the more fundamental entitlement to basic needs. More specifically, I argue that all persons whose basic needs are insufficiently protected in their home states have the right to asylum when they cannot be assisted with other remedial instruments by the international community within a reasonable timeframe. By using the right to asylum as a normative evaluative standard, I also argue that the existing refugee protective institutions are morally unsatisfactory, and that a 'moral refugee regime' should be established to replace the current protective institutions. Then the questions becomes, what specific form these institutions should take. In the thesis I focus primarily on one institutional proposal, 'the tradable quota scheme', and its ethical dimensions. I defend the tradable quota scheme against several lines of criticism, and suggest that the scheme constitutes a normatively viable alternative for the existing institutional framework. Finally, I examine obligations in the protection of the right to asylum in circumstances of partial compliance. I conclude that the citizens of complying states have the obligation to 'pick up the slack' and assist those bearers of the right to asylum who are unjustly denied assistance by the non-complying states.
2
Karlén, Anna. "The right to seek asylum and the common European asylum system." Thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-127650.
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3
Kirby, Larry Joseph. "Sanctuary the right of asylum in the Corpus iuris canonici /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
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4
Mweni, Sabelo Kenneth. "The right to education of asylum seeker and refugee children." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/27907.
Повний текст джерелаАнотація:
This research reviews the application of the law on the right of refugee children to education and the challenges inhibiting this right. Radical changes in the legal framework protecting refugee children's right to education has occurred since South Africa became a democratic state in 1994. The enactment of international law into the 1994 Constitution contributed into the protection of various children right and insured equal access into the education system. However, refugee children have been prejudiced in the right to access education based on numerous challenges. The lack of access education for refugee children is an unconstitutional practice in schools rather than a legislative injustice. This paper uses journal reports, newspaper articles, academic writing on both national and international perspective on the infringement of education rights on refugee children. The findings provide clarity on unconstitutional practices and the legal standpoint on such practices. The right to education constitutes a valuable foundation for integration. South Africa is obligated by both national and international law to provide immediate education to refugee children.
5
López, Åkerblom Alicia. "Frontex and the right to seek asylum - A critical discourse analysis." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23480.
Повний текст джерелаАнотація:
The European Union’s border control agency, Frontex, was established in 2004. Since its founding it has received ongoing critique from international human rights organizations stating that it prevents people from claiming their right to seek asylum. Therefore, the aim of this study is to understand how Frontex legitimizes its approach to the management of the union’s external borders in relation to the right to seek asylum. The theoretical framework of the thesis consist of Michel Foucault’s theories of power and knowledge structures in institutional discourse, which helps understand how the discourse is determined by power relations and consequently how Frontex legitimizes its work. A critical discourse analysis was conducted following Norman Fairclough’s three-dimensional model. The model consist of a text analysis, an interpretation and a contextualization of the text. The material analyzed is a report produced by Frontex to the Office of the United Nations High Commissioner for Human Rights.The results show that Frontex describes its relation to human rights with words that have a positive connotation such as ‘protect’ and ‘respect’, and at the same time aim to legitimize its work in technical terms of ‘development’ and ‘effectiveness’. The results indicate that the knowledge produced in the report dehumanizes migrants and asylum seekers in order for Frontex to treat migration as a legal and technical issue. Furthermore, Frontex partially legitimizes its work by regularly referring to the UN and other NGO’s while emphasizing their previous support of the institution’s work. These power relations influence how Frontex chooses to discursively legitimize its work in respect to human rights. The results of this study only reflect Frontex’s legitimization in the aforementioned report and cannot be generalized to the whole institution. However, it contributes to the knowledge which may improve the situation for those in need to exercise their right to seek asylum.
6
Babo, Markus. "Kirchenasyl - Kirchenhikesie : zur Relevanz eines historischen Modells im Hinblick auf das Asylrecht der Bundesrepublik Deutschland /." Münster ;Hamburg [u.a.] : Lit, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/339833645.pdf.
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7
Da, Lomba Sylvia. "Law reform proposals for the protection of the right to seek refugee status in the European Community." Thesis, University of Glasgow, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340292.
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8
Woloshyn, Donald Frederick. "Canadian compliance with international law respecting the right of asylum of refugees." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66024.
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9
Browne, Ruth Hannah. "The right to education for refugees and asylum-seekers in South Africa." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4684.
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10
Rogowicz, Eva. "Asyl- und Flüchtlingsrecht : ein Vergleich des materiellen Asyl- und Flüchtlingsrechts sowie ausgewählter Aspekte des Asylverfahrensrechts in den Ländern Deutschland und Polen unter Berücksichtigung der Entwicklung einer europäischen Asyl- und Flüchtlingspolitik /." Hamburg : Kovac, 2009. http://swbplus.bsz-bw.de/bsz288515331cov.htm.
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11
Vadachalam, Alison. "The right to freedom of expression of the media and the right to confidentiality in the asylum-seeking context – a balancing of opposing rights." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31317.
Повний текст джерелаАнотація:
This minor dissertation analyses the competing rights of free expression of the media and confidentiality of asylum seekers in the context of asylum applications and appeals. This research is grounded in the landmark judgment of the Constitutional Court in the Mail and Guardian Media Limited and Others v Chipu N.O. and Others [2013] ZACC 32. The judgment considered the intersection of the competing rights in light of the constitutional challenge to the former section 21 of the Refugees Act, No 130 of 1998. This section provided for the strict confidentiality of asylum applications and prevented any member of the public or the media from attending asylum application proceedings or viewing the application. The offending provision was challenged by on the basis that it unjustifiably limited the right to freedom of expression and in the result, the Constitutional Court declared section 21(5) of the Refugees Act invalid. The amended section now allows for the Refugee Appeals Authority to exercise a discretion to allow access to, and/or reporting on, its hearings subject to its consideration of certain factors. Having regard to the revised section and the dearth of domestic case law and academic opinion on this issue, this research aims to formulate an understanding of the importance of free expression in the context of asylum proceedings in order to guide the Refugee Appeals Authority in exercising its new discretion. This research will address the issues through three lenses. First, the jurisprudential lens will examine the underpinnings of each right and their relative importance. Next, the judgments lens will examine how each right was dealt with by the High Court and the Constitutional Court. Finally, the comparative lens will examine how the rights have been dealt with in foreign law in the asylum systems of New Zealand and Canada.
12
McNamara, Robert Emmett. "The politics of asylum : U.S. response to Salvadorans /." Genève : Université de Genève, Institut universitaire de hautes etudes internationales, 1988. http://www.loc.gov/catdir/toc/fy0709/90127172.html.
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13
Mackinlay, Liz. "On-shore asylum seekers : an analysis of the Australian policy at end of 2001 /." [St. Lucia, Qld.], 2002. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe16959.pdf.
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14
Nelson, Robert Colin. "The Right to Health: Conflicting Paradigms of Health as Commodity vs. Health as Human Right." [Tampa, Fla.] : University of South Florida, 2007. http://purl.fcla.edu/usf/dc/et/SFE0002010.
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15
Colin, Mariana. "Evil Looks Right Back at You: Portrayals of Catholicism in American Horror Story: Asylum." Thesis, The University of Arizona, 2015. http://hdl.handle.net/10150/579240.
Повний текст джерелаАнотація:
Religion has been a defining theme in the horror genre since the beginning of film as a medium. Horror stories with religious themes are almost always filtered through the lens of Catholicism, and as such, bring along with them a number of expectations and tropes set about the Catholic Church. One can expect to see Catholic iconography displayed in a domineering and symbolic way, with sacred icons used as physical conduits for religious power. Church clergy are often used as representations of Church suppression and the corruption and secrecy that is often suspected of the Catholic hierarchy. Throughout history, Catholicism has been used to convey a kind of occult expertise that is not present in other Christian denominations. American Horror Story (2011-) is a pastiche of American horror tropes, using horror standards of decades past with an outrageous aesthetic derived from a mashup of different horror themes. The second season, Asylum, depicts a Catholic-run insane asylum in the 1960's. In this paper, I explore the use of Catholic horror themes within the show, first depictions of clergy, then the use of iconography and Church doctrine, finally relating its portrayal of the Church to the show's ultimate goal of social commentary.
16
Shoemaker, Melissa K. "A house divided evolution of EU asylum policy after the Bosnian war /." Fairfax, VA : George Mason University, 2009. http://hdl.handle.net/1920/4508.
Повний текст джерелаАнотація:
Thesis (Ph.D.)--George Mason University, 2009.Vita: p. 279. Thesis director: Janine Wedel. Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Public Policy. Title from PDF t.p. (viewed June 10, 2009). Includes bibliographical references (p. 223-278). Also issued in print.
17
Robertson, Julie, and n/a. "Of scarecrows and straw men : asylum in Aoteroa New Zealand." University of Otago. Department of Anthropology, 2006. http://adt.otago.ac.nz./public/adt-NZDU20060914.101145.
Повний текст джерелаАнотація:
Asylum seekers have become the primary symbols of - as well as participants in - contemporary struggles over geo-political, intellectual and moral terrain. By moving place, by their mere presence in western industrial states, by demanding their refugee status claims be examined, by exposing themselves to all the techniques of scrutiny and evaluation in the presentation of their claims, asylum seekers displace traditional western ways of feeling at 'home,' and of knowing about and acting in the world. In doing so, they reveal the extent to which the legal system of rights upon which the international refugee regime is based is a messy zone of contested demands, refracted by the varying material circumstances and political power of participants. This thesis looks at asylum in Aotearoa New Zealand from the perspective of those most involved; asylum seekers, lawyers, adjudicators, members of non-government organisations and medical professionals. Situated mid-way between abstract human rights talk and the details of individual claims, it presents refugee status determination as a complex negotiation through culturally-laden frameworks of understanding and operation that are as prevalent as they are often camouflaged. In doing so, it explores how we are to evaluate the credibility and legitimacy of representations of the cultural 'other.'
18
Finney, Nissa Ruth. "Asylum seeker dispersal : public attitudes and press portrayals around the UK." Thesis, Swansea University, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.515729.
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19
Gugwana, Monde Barrington. "The position of asylum seekers in South African social security law." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/6159.
Повний текст джерелаАнотація:
The legal position of asylum seekers in South African social security system is more nuanced as a result of their transitional stay or status in the country. Asylum seekers may often be present in South Africa for a quite a long time but their social security entitlement is more restricted, and similar to that of temporary residents. For example, asylum seekers’ social security position is completely different from that of refugees. Refugees enjoy the same social security treatment similarly to South African citizens and permanent residents. Refugees qualify for the constitutionally entrenched right to have access to social security, including appropriate social assistance. Refugees also qualify for other socio-economic rights contained in the Constitution of the Republic of South Africa, 1996. The exclusion of asylum seekers occurs despite the fact they are one of the vulnerable groups of noncitizens. Such exclusion forces asylum seekers to live under precarious conditions. It is fundamentally accepted that the drafters of the Constitution included the right to have access to social security, in order to ensure that everyone, irrespective of nationality and citizenship enjoys an acceptable standard of living. It is also fundamentally accepted that the right to have access to social security contained in section 27(1)(c) is limited by section 27(2) of the Constitution. Section 27(2) requires the State to take reasonable legislative measures, within its available resources, to achieve the progressive realisation of the right to have access to social security. The South African courts had on several occasions confirmed that the content of section 27(1)(c) is limited by section 27(2) of the Constitution and that the state cannot implement the right to have access to social security on demand. It had also been confirmed that the right to have access to social security is enforceable. This means the beneficiaries of this right may seek recourse from the courts of law when they are not satisfied about the progress relating to the implementation of the programmes relevant to the right to have access to social security. The right to have access to social security is also limited by section 36(1) of the Constitution. In the international arena, the right to have access to social security is recognised as the entitlement of everyone, but in some instances differential treatment can be made by the states. Such differential treatment should serve the legitimate state objective and all noncitizens should be treated equally.
20
Derlien, Jochen. "Asyl : die religiöse und rechtliche Begründung der Flucht zu sakralen Orten in der griechisch-römischen Antike /." Marburg : Tectum-Verl, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/364695358.pdf.
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21
Toksabay, Burcu. "The Health Right Of Refugees In Turkey." Master's thesis, METU, 2010. http://etd.lib.metu.edu.tr/upload/12611661/index.pdf.
Повний текст джерелаАнотація:
The main objective of this thesis is to analyze the access of refugees to the right of health in Turkey. There are significant problems in the access of refugees to the available health services and there are no special health services designed to meet the needs of the refugees. Through field research in a city where refugees are settled, the problems related with the access to health services by refugees were examined. In a qualitative study design, this piece of research involved in depth interviews with health professionals, representatives of the NGOs working with refugees and refugees to understand the problems associated with the access of refugees to health services and the dynamics of the clinical encounter between the health professionals and refugees. The study has found that refugees cannot reach sufficient and appropriate health services in Turkey and their fundamental right of access to the right to health is not realized in practice. Moreover, it was found that the provision of health services is riddled with many difficulties, such as the lack of professional translators, the stereotypes common among health professionals about refugees. The legislation about health services and health insurance should be revised in a way to cover all asylum-seekers and to provide special health services for refugees such as comprehensive medical screenings on arrival and trauma and psychological counseling.
22
Ziegler, Reuven. "Voting rights of recognised Geneva Convention refugees in their countries of asylum." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:b48689d0-d6f8-49fd-aba7-0cb7ca8e2f3a.
Повний текст джерелаАнотація:
This thesis concerns persons recognised as refugees based on the criteria set by Article 1A(2) of the 1951 Geneva Convention Relating to the Status of Refugees (CSR1951) and residing in a Contracting State. It appraises the exclusion of CSR1951 refugees from participation in elections of their countries of asylum pursuant to a citizenship voting qualification, which most countries set. It is emphasised that, since neither the CSR1951 refugees nor their country of asylum know when or indeed whether cessation of CSR1951 refugee status may occur, their exclusion may last for an indeterminate period of time. CSR1951 confers on recognised refugees a host of civil, social and economic rights in their country of asylum; voting rights are absent. Concomitantly, while the International Covenant on Civil and Political Rights (and regional human rights treaties) pronounce that all persons are entitled to have their rights respected, protected and promoted, Contracting States are permitted to reserve two rights for their (full) members: the right to enter and remain in their country, and the right to vote in its elections. The central claim of this thesis is that recognised CSR1951 refugees are a special category of non-citizen residents, due to their unique political predicament. They are unable to participate in elections of their country of origin, do not enjoy its diplomatic protection and consular assistance abroad, and – most fundamentally – are unable or unwilling, owing to a well-founded fear of persecution, to return to it for an indeterminate (and potentially protracted) period. It is submitted that recognised CSR1951 refugees should be entitled to vote in elections of their countries of asylum, notwithstanding general citizenship qualifications imposed by these countries. At present, treaty law does not require countries of asylum to enfranchise their recognised CSR1951 refugees. Hence, this thesis explores a gap in international refugee law and international human rights law between de lege lata and de lege ferenda; it is an exercise in ‘progressive development of the law’. Its inquiry is located in the international domain, and concerns, in principle, any Contracting State which admits and recognises CSR1951 refugees. References to national or regional practices serve solely an illustrative purpose.
23
Vo, Quyen. "The scope of British refugee asylum, 1933-93." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609586.
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24
Winn, Meredith. "This Land is My Land: The Dynamic Relationship between Migration and the Far-Right." Thesis, University of North Texas, 2020. https://digital.library.unt.edu/ark:/67531/metadc1752370/.
Повний текст джерелаАнотація:
This dissertation examines the dynamic intersections of the relationship between migration and the far-right through three empirical, stand-alone chapters. The first substantive chapter re-evaluates existing theories of far-right support using a novel theory and comprehensive dataset to assess how immigration opinion and immigration levels interact to shape individual far-right support. The findings suggest that increases in asylum-based migration are associated with increased far-right voting, but that this is effect is mainly observed in those with negative or neutral opinions toward immigration. The second substantive chapter examines the other side of this relationship by analyzing the impact of far-right electoral and legislative success on asylum-recognition rates in EU member states. The results of empirical analyses show that when far-right parties gain legislative seats, the expected rate of asylum approvals decreases. This suggests that far-right parties in legislatures have measurable effects on migration outcomes. Finally, the third substantive chapter uses original field research to assess how far-right politics impacts the lived experiences of immigrants in France and Switzerland, relying on a small survey and interviews conducted in the field. The results show that immigrants are generally aware of far-right parties and distrustful toward them. However, undocumented migrants and asylees are among the most negatively impacted by far-right activity. Overall, this dissertation moves beyond the entrenched debate of how migration does or does not facilitate far-right support and contributes to the academic understanding of how migration and far-right politics interact.
25
Milner, James H. S. "The politics of asylum in Africa : the cases of Kenya, Tanzania and Guinea." Thesis, University of Oxford, 2006. http://ora.ox.ac.uk/objects/uuid:89a91ea8-d2af-4727-8f46-f57b3ac9001b.
Повний текст джерелаАнотація:
There is a crisis of asylum in Africa. In response to large and protracted refugee populations, declining donor assistance and a range of related security concerns, a significant number of African states have limited the asylum they offer to refugees. Some states have closed their borders to new arrivals and pursued early repatriations. Many other states have contained refugees in isolated and insecure camps. Given the scale of this crisis, the global pressures on asylum, and the disproportionate share of the global refugee burden borne by Africa, understanding the responses of African states poses an important challenge. A critical examination of the factors influencing the refugee policies of African states is, however, strikingly absent from the scholarly literature. The objective of this thesis is to address this gap by examining the responses of Kenya, Tanzania and Guinea to the arrival and prolonged presence of significant refugee populations. Drawing on field research, this thesis argues that the asylum policies of the three cases are the result of factors both related to the presence of refugees, such as burden sharing and security concerns, and unrelated to the presence of refugees, such as foreign policy priorities, democratization, economic liberalization and the sense of vulnerability experienced by many regimes in Africa. Drawing on a political history of the post-colonial African state, this thesis argues for an approach that recognizes the politics of asylum in Africa. Such an approach highlights the importance of incorporating the host state into any examination of asylum in Africa and the predominant role that broader political factors play in the formulation of asylum policies. This is not to suggest that factors such as the protracted nature of refugee populations, levels of burden sharing and security concerns are irrelevant to the study of asylum in Africa. Instead, the thesis argues that such factors are very relevant, but need to be understood in a more critical way, mindful of the political context within which asylum policies are formulated. This approach leads to important lessons not only for the study of asylum in Africa, but also for the future of the refugee protection regime in Africa.
26
Lambert, H. "The right of political asylum and the status of refugees in Belgium, Switzerland and the United Kingdom." Thesis, University of Exeter, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.304452.
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27
Day, Katherine. "Interpretations of asylum seeking in Britain." Thesis, University of Sheffield, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.267190.
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28
Bennett, Claire Marie. "Sexuality and the asylum process : the perspectives of lesbians seeking asylum in the UK." Thesis, University of Sussex, 2014. http://sro.sussex.ac.uk/id/eprint/51595/.
Повний текст джерелаАнотація:
The 1951 Refugee Convention aims to provide international legal protection to all asylum seekers. Individuals making asylum claims based on persecution which relates to their sexual orientation however are not explicitly represented in Article 1A (2) of the Convention. As a consequence, cases based on sexual orientation are usually argued under the ‘membership of a particular social group' category, a classification which has long remained the most contested of the Refugee Convention grounds for granting asylum. This thesis focuses on the experiences of lesbian women as they navigate the UK asylum process. The research explores how sexuality is constructed and performed as women seek asylum as well as how this impacts upon their social and sexual identity. A theoretical framework for the study is principally (though not exclusively) drawn from the works of Judith Butler (1990, 2004, 2006) and Michel Foucault (1978, 1979), as well as Ken Plummer's (1995) ‘telling sexual stories'. The research draws upon in-depth, repeat interviews with eleven lesbian asylum seekers and refugees in the UK. These women all reported to have experienced physical and sexual violence in their home countries as a consequence of their homosexuality and all had sought international protection in the UK on the basis of their sexuality. The analysis presented in this thesis reveals that the experience of going through the UK asylum process was, for the women in this study, an emotionally challenging and confusing experience. As a consequence of women's traumatic experiences in their home countries, they were often over familiar with secrecy which added to the difficulties of self-identifying as a lesbian in the UK. The legal requirement to evidence and ‘prove' one's sexual orientation was considered problematic and frequently left women feeling compelled to ‘perform' their sexual identity in order to be believed as a credible lesbian. In addition the analysis presented demonstrates that the requirement to share intimate narratives on demand and in an open and public way had a range of significant implications on women themselves. This included how women felt that their sexuality was persistently judged and the devastating impact of not being believed. This thesis also shows how navigating complex legal procedures impacts upon women's social and sexual identity. The study demonstrates that living in limbo, without permanency and stability exacerbated women's experiences of social isolation and rejection and left them occupying a distinct social space, excluded from British, asylum seeking and migrant groups. Despite these struggles however, the data presented in the thesis also reveals women's ability to recognise, fight and campaign for their legal citizenship and to enjoy the freedom to express their sexual identity and sexual self-esteem. The desire to create a safe space, to understand their sexuality and to re-construct a sense of belonging was paramount as women fought for their sexual entitlements.
29
Olsen, Preston Trent. "Inclusive guise of 'gay' asylum : a sociolegal analysis of sexual minority asylum recognition in the UK." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/22983.
Повний текст джерелаАнотація:
The United Kingdom’s acceptance of lesbian, gay, bisexual, and transgender (LGBT) refugees has been heralded as a progressive shift in asylum law. Indeed, the scope for the protection of sexual minorities under the Refugee Convention has expanded. The interpretation of the Convention definition of refugee in Article 1A(2) has been continuously adapted, especially the “particular social group” (PSG) category as well as the recognised scope of “well-founded fear of being persecuted.” This thesis interrogates how “gay” refugees have been accepted under the Convention. The analysis considers the ways judicial decision-making has constructed the PSG and persecution of sexual minority asylum seekers. The sample consists of 22 appeals from 1999-2011 which were identified as major legal developments, beginning with the first significant recognition of “homosexual” refugees. Several additional tribunal determinations and key international cases are also considered. A socio-legal approach is taken to study the tensions between fluid sociological images of gender and sexuality and the fixed notions of identity found in the law (whether arising from individual cases, formal practice, or state imperatives). Through an examination of the legal discourse in the texts examined, the research deconstructs the jurisprudential debates in order to assess their impact on sexual minorities seeking asylum. This contextual, rather than doctrinal, approach reveals how the jurisprudence often obscures sociologically problematic assumptions made by adjudicators. This analysis offers an original contribution, concluding that UK protection is grounded on the assumption that sexual and gender identity are “immutable.” Far from opening the UK to persecuted sexual minorities, the prevalence of this assumption significantly narrows the apparently “inclusive” construct of the refugee. Building on the findings, the thesis proposes that adjudication should focus on the persecutory intent to suppress non-conforming acts and identities (or norm deviance) in order to identify sexual minority refugees rather than the categories of LGBT. Additionally, framing determination in the terms of relational autonomy develops a better understanding of the conditions necessary to realise a non-conforming sexual and gendered life free of persecution. The concept of norm deviance decentres the assumption of a knowable truth of identity, and relational autonomy asserts that the deprivation of self-determination and rights to relate may constitute a well-founded fear of persecution.
30
Hattrell, Felicity Ruth. "Redefining the Limits of Refugee Protection? -- The Securitised Asylum Policies of the 'Common European Asylum System'." Thesis, University of Canterbury. National Centre for Research on Europe, 2010. http://hdl.handle.net/10092/5311.
Повний текст джерелаАнотація:
This thesis employs discourse analysis to examine the human rights contradictions contained in the Common European Asylum System (CEAS). It follows the development of the CEAS since its inception in 1999. However, the principal emphasis of the thesis falls on the scope for realising a rights-based asylum regime in the post-Lisbon context.
The research takes the form of policy analysis, and is grounded in a human rights framework of inquiry. This human rights perspective is used to examine the normative and legal inconsistencies inherent to the EU’s securitised approach to asylum, and to put forward suggestions for an approach to asylum in the EU, which engenders a rights-based approach to protection. The analysis of contemporary EU asylum policy and practice demonstrates the extent to which securitisation is present in EU asylum policymaking. It shows that, until the security paradigm in this policy area is supplanted, the realisation of a rights-based asylum system in the EU will not be possible. It also addresses the further challenges to the realisation of the EU as a ‘single asylum space,’ which stem from the limitations in the current instruments of the acquis, most notably the absence of burden-sharing mechanisms to ensure that the EU’s humanitarian obligations are shared equally amongst Member States. The recent ratification of the Treaty of Lisbon holds significant potential for the development of a rights-based asylum regime in the EU. However, it remains in question whether Member States have the political will necessary to accomplish this.
31
Lindén, Linnéa. "The Rise of the Far-Right Movement in Sweden : an Analysis of the Political Effects of an Increase in the Shre of Asylum Seekers." Thesis, Uppsala universitet, Nationalekonomiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-450387.
Повний текст джерелаАнотація:
This thesis investigates how a change in the municipal asylum seeker share affects voting for the Sweden Democrats (SD), a far-right anti-immigration party, in both national Parliament and Municipal Council elections in Sweden. To circumvent the endogeneity problem, I use an instrumental variables strategy where the share of available apartments in Allmännyttan is used as an instrument for the municipal share of asylum seekers living in Migration Agency provided accommodation (ABO). I have exploited municipal level panel data on municipality characteristics, allocations of asylum seekers and national elections. I am not able to find support for any effect of a change in the municipal share of asylum seekers on voting for the Sweden Democrats. Consequently, I cannot provide any support for either the group position theory or the contact hypothesis.
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Tesanovic, Tijana [Verfasser], Albert [Akademischer Betreuer] Scherr, and Uwe [Gutachter] Bittlingmayer. "The right to education of asylum-seeking minors. Case study: Serbia. / Tijana Tesanovic ; Gutachter: Uwe Bittlingmayer ; Betreuer: Albert Scherr." Freiburg : Pädagogische Hochschule Freiburg, 2020. http://d-nb.info/1214439357/34.
Повний текст джерела
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Tamulevičiūtė, Asta. "The application of human rights for EU asylum policy." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2008. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20080616_103404-57088.
Повний текст джерелаАнотація:
This paper explores the application of human rights in the EU asylum policy. The prevention of terror and the strengthening of the area of Justice, Freedom and Security require tighter border controls, which consequently reflect negatively on asylum seekers and their human rights. Therefore this paper sets the aim to explore the application of human rights for EU asylum policy in respect to international obligations. There are three main objectives to be attained in the paper: to determine if the treatment of asylum seekers, Conventional Refugees and persons granted Subsidiary Protection in the EU corresponds to human rights obligations; to explore how certain rules regarding asylum are used for the purpose of migration controls; to assess the impact of such policies for the people in the need of international protection. The research has to determine the correctness of the hypothesis claiming that the application of human rights in the EU asylum policy is often oriented to migration controls rather than humanitarian obligations. The research is based on a theoretical analysis and uses primary as well as secondary data sources.
The research determines that the hypothesis has been approved. Theoretical analysis based on the social-constructivist neo-institutionalism indicates the need for the incorporation of human rights into the EU asylum rules, the application of which is currently very vague. A remarkable part of the rules related to the EU asylum policy does not... [to full text]Šiame darbe nagrinėjamas žmogaus teisių taikymas ES prieglobsčio politikoje. Terorizmo prevencija bei Teisingumo, laisvės bei saugumo erdvės stiprinimas reikalauja griežtesnės sienų kontrolės, kas neigiamai atsiliepia prieglobsčio prašytojams bei jų žmogaus teisėms. Ryšium su tuo, šio darbo tikslas – ištirti žmogaus teisių taikymą ES prieglobsčio politikoje tarptautinių įsipareigojimų atžvilgiu. Darbe siekiama įgyvendinti tris pagrindinius uždavinius: nustatyti, ar elgesys su prieglobsčio prašytojais, konvenciniais Pabėgėliais bei asmenims, kuriems suteikta Papildoma apsauga, atitinka tarptautinius žmogaus teisių įsipareigojimus; ištirti, kaip tam tikros su prieglobsčiu susijusios taisyklės yra naudojamos migracijos kontrolės tikslais; įvertinti atitinkamos politikos poveikį asmenims, kuriems reikalinga tarptautinė apsauga. Tyrimu siekiama patvirtinti arba paneigti hipotezę, teigiančią, jog dažnais atvejais žmogaus teisių taikymas ES prieglobsčio politikoje yra orientuotas ne į humanitarinius įsipareigojimus, bet į migracijos kontrolę. Darbas paremtas teorine analize, naudojant pirminius bei antrinius šaltinius. Tyrimu nustatyta, jog iškelta hipotezė pasitvirtino. Teorinė analizė, paremta socialkonstruktyviuoju neoinstitucionalizmu, identifikavo poreikį į ES prieglobsčio politikos taisykles įtraukti žmogaus teises, kurių taikymas šiuo metu yra labai vangus. Ženkli su ES prieglobsčio politika susijusių taisyklių dalis neatitinka žmogaus teisių įsipareigijimų. Non-entré... [toliau žr. visą tekstą]
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Nissander, Sam. "Pushing the Border Outwards : A Critical Discourse Analysis of the European Commission’s Securitisation of Migration and the Right to Asylum." Thesis, Uppsala universitet, Teologiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443545.
Повний текст джерелаАнотація:
This thesis scrutinises the European Commission’s discourse surrounding the externalisation of migration and asylum policies and discusses what potential implications this may have on the right to asylum. The aim of this work is to increase the understanding of how migration and security are discursively connected and identify what this discourse looks like. The study is placed in the context of a scientific debate on the Securitisation of migration and the externalisation of migration management. By means of a Critical Discourse Analysis, based on the work of Norman Fairclough, speeches and press releases produced by the European Commission are analysed. The analysis departs from the theoretical framework of the Copenhagen School of Security Studies and the concept of Securitisation, which suggests that political narratives have direct effects on policies. The theory also argues that when a phenomenon is securitised, policy measures that would otherwise not be acceptable, become legitimised in dealing with a constructed threat. The thesis presents three findings. The first main finding is that the Commission legitimises the externalisation of EU borders through a humanitarian discourse, arguing that the increased restrictions and shifting of responsibilities to third countries are necessary to protect migrants from human smugglers. Second, the current EU agenda risks limiting mobility in countries outside of the EU, thus creating large camps with substandard living conditions. And finally, from a human rights perspective, there is a great risk with the continued collective expulsions and pushbacks from EU territory, given that the mandate of Frontex is only seen to increase.
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Borovan, Nicole A. "The Canada-United States Safe Third Country Agreement : a constitutional analysis." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98604.
Повний текст джерелаАнотація:
This thesis examines the Safe Third Country Agreement between Canada and the United States from the perspective of Canada's obligations vis-a-vis asylum seekers under the Canadian Charter of Rights and Freedoms. The Safe Third Country Agreement requires asylum seekers to lodge their refugee claims in the first country of arrival, as between Canada and the United States. Asylum seekers on the United States side of the border who are seeking to enter Canada for the purpose of claiming refugee status will be deflected to the United States to lodge their claims there. By deflecting asylum seekers in this manner, Canada effectively conscripts the United States to carry out its obligations under the Charter to furnish procedural and substantive protections to asylum seekers. This thesis examines certain features of the United States asylum system to which asylum seekers deflected under the Safe Third Country Agreement would be subjected, in order to determine whether, according to relevant Charter jurisprudence, deflection constitutes a deprivation of security of the person under section 7 of the Charter and whether such deprivation can be justified under section 1.
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Kalla, Tasneem. "The Criminalisation of Asylum Seekers: Arbitrary Detention in South Africa." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31414.
Повний текст джерелаАнотація:
This minor dissertation is a research paper on the use of arbitrary detention to criminalise asylum seekers in South Africa. After the democratic transition in 1994 South Africa became a leading destination for asylum seekers from across the African continent. South Africa’s post-apartheid immigration and refugee system were based on a human-rights approach and aimed at creating a culture of inclusion and tolerance. Despite a progressive Refugee Act, the most prominent aspect of the South African asylum system is its use of arbitrary detention as a form of immigration control. The goal of this research is to analyse the criminalisation of asylum seekers through arbitrary detention in South Africa. This is done through an analysis of the roles the Refugee Act and the Immigration Act play in the asylum process. In understanding the nexus between arbitrary detention and the deprivation of liberty, this research analyses the normative frameworks that inform international and South African legislation. The use of detention as an immigration tool has resulted in a cycle of criminalisation. The South African institutions and erroneous application of immigration laws has criminalised the act of seeking asylum - a universal human right. After an in-depth analysis of the asylum process in South Africa and how arbitrary detention has criminalised asylum seekers, this research discusses the alternatives to detention most applicable in the case of South Africa. The erroneous application of laws, politicization of asylum seekers and use of detention for administrative and deterrence reasons are the primary reasons for the unlawful detention of asylum seekers in South Africa. This research reveals that there are alternatives to the use of detention as the first port of call, this largely lies in the reform of the country’s implementation of refugee law. The progressive nature of the Refugee Act guarantees protection from arbitrary detention, by redressing the management of the asylum process and institutions, the Refugee Act can be better implemented to reflect the human-rights approach it embodies.
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Chambo, Janeth Apelles. "The principle of non-refoulement in the context of refugee operation in Tanzania." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1140.
Повний текст джерелаАнотація:
"The rights of refugees and basic human rights are inextricably linked. Today's human rights abuse is tomorrow's refugee movements. Quite often, refugees' rights are curtailed by the same states that declare them in accordance with international and domestic instruments, only because they are non-nationals. While the foundation of refugee rights is the principle that all men and women have the right to belong to a society in which they are protected by the state, the respect to the principle of non-refoulement is at the core of being a refugee. Even though the Universal Declaration of Human Rights (UDHR) proclaims rights to all, including refugees, states use international principles of sovereignty to shut their doors in front of asylum seekers. Furthermore, it is not easy to utilise international mechanisms of protection to instigate complaints against a potential host state, based on its arbitrary act to shut its doors. This is because one needs to seek remedies before authorities of the same country where she or he has been denied. In addition, international law has few precedents on the matter even assuming it was treated as an exception to the former rule. This situation puts refoulement victims in a dilemma. ... Since the first time when the wave of asylum seekers from Rwanda hit Tanzania in 1959, the flow of refugees continues. Tanzania has hosted refugees not only from its neighbouring countries, but also as far as from South Africa, Zimbabwe and Somalia. With an estimated number of 602,00 refugees population in 2004, Tanzania was among the top five refugee-hosting countries in the world. Tanzania ratified the international and regional refugee instrumetns, as well as other human rights instruments that may enhance the protection of refugees. Subsequently, Tanzania enacted appropriate legislation in order to make the refugee instruments enforceable within the national legal framework. The principle of non-refoulement is enshriend in all legal instruments of which Tanzania has an international, regional and national obligation to respect. However, in recent years a trend of sporadic incidents in which the principle of non-refoulement was not respected, has been observed. For instance, in October 2004, 68 Burundian asylum seekers were forced to return to Burundi following the orders of the local authorities. One of the most recent incidents occurred in January 2005 when the government returned two families of nine persons, despite assurances made to UNHCR that they would be granted refugee status. This research looks at the obligation of the Government of Tanzania to protect rights of asylum seekers and refugees. This is in line with the principle of non-refoulement as enshrined under international and regional instruments of which Tanzania ratified. It further explores the role of international communities in responsibility sharing (often referred to in the humanitarian community as 'burden sharing') as a way to ensure that all states respect the principle of non-refoulement. ... The first part of this research is the introduction, that is, the background to the problem, problem statement, scope of the research, hypotheses, objective of the research, literature review, research methodology, and outline of chapters. The second chapter looks at the right to non-refoulement under international, regional and national legal instruments. Chapter three deals with respect of the principle of non-refoulement in the refugee operation of Tanzania. Chapter four examines the relationship between the principle of non-refoulement and responsibility sharing with a view to reflect on the role of the international community in promoting refugee rights. The last chapter is the conclusion of the research and recommendations." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Dr. Atangcho Nji Akonumbo at the Department of Social Science and Management, Catholic University [of Central Africa] in Yaounde, Cameroon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Lai, I. Tak. "Towards the EU common migration and asylum policy : challenges or opportunities?" Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2555551.
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Kirkman, Ann. "Rights in state and society : rhetoric and reality for refugees in contemporary South Africa." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369616.
Повний текст джерела
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Davies, Evan. "Mandatory detention for asylum seekers in Australia : an evaluation of liberal criticism." University of Western Australia. Political Science and International Relations Discipline Group, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0202.
Повний текст джерелаАнотація:
This thesis evaluates the policy of mandatory detention for asylum seekers maintained by successive Australian governments against several core liberal principles. These principles are derived from various accounts of liberal political thought and the major themes and criticisms inherent in the public debate over the policy. The justifications of the policy given by the Australian government and the criticisms enunciated by scholars, refugee advocates and non-government organisations with respect to the policy strongly correspond with the core liberal principles of fairness, protecting the rights of the individual, accountability and proportionality. The claims of the critics converge on a central point of contention: that the mandatory detention of asylum seekers violates core liberal principles. To ascertain the extent to which the claims of the critics can be supported, the thesis selectively draws on liberal political theory to provide a framework for the analysis of the policy against these liberal principles, a basis for inquiry largely neglected by contributors to the literature. This thesis argues that, on balance, the mandatory detention policy employed by successive Australian governments violates core liberal principles. The claims of the critics are weakened, but by no means discredited, by the importance of the government's maintenance of strong border control. In the main, however, criticisms made by opponents of the policy can be supported. This thesis contributes to the substantial body of literature on the mandatory detention policy by shedding light on how liberal principles may be applicable to the mandatory detention policy. Further, it aims to contribute to an enriched understanding of the Australian government's competence to detain asylum seekers.
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Persson, Malin. "Asylum - not an EU problem? Qualitative analysis of the readmission agreements in the asylum and migration policy of the European Union." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22758.
Повний текст джерелаАнотація:
In the European Union asylum and migration policy, the expressions “exclusion” and “externalization” are often used and encountered because the EU transfers the responsibility of migration control to non-EU states through readmission agreements. The EU does not have the capacity to receive all migrants, refugees and asylum seekers that seek protection in Europe, hence the agreements are constituted between the EU and other countries outside the EU on the basis of returning nationals and third country nationals who have been denied asylum. The purpose of this thesis is to explore how and to what extent are human rights embedded in the readmission agreements and in the materials that constitute the basis for the decision to enter into readmission agreements. This thesis also tends to analyze if and on what basis the readmission agreements pose potential consequences for asylum seekers, refugees and migrants. In order to answer the posed research questions, I have used a qualitative research method of case study and text analysis. I have used a theoretical framework of externalization and studied the cases of the EU-Ukraine agreement and the EU-Pakistan agreement. Today, the EU cannot guarantee the safety individuals that are being returned to either Ukraine or Pakistan, because both Ukraine and Pakistan lack functional human rights institutions and cannot practice what human rights instruments ordain because they lack the capacity to do so. The EU’s failing of safe returns for asylum seekers, refugees and migrants has consequently created situations of orbit and chain refoulment where migrants, refugees and asylum seekers risks being returned to their country of origin or passed around between countries.
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Pétin, Joanna. "La vulnérabilité en droit européen de l'asile." Thesis, Pau, 2016. http://www.theses.fr/2016PAUU2012/document.
Повний текст джерелаАнотація:
Parler de vulnérabilité en droit d’asile peut, à première vue, surprendre, tant la vulnérabilité des demandeurs de protection internationale semble être inhérente à leur statut et à leur parcours d’exil. La Cour européenne des droits de l’homme dans son arrêt M.S.S. contre Belgique et Grèce a d’ailleurs reconnu la vulnérabilité de l’ensemble des membres du groupe des demandeurs de protection internationale. Mais, cette approche globalisante s’oppose à l’approche individualisée de la vulnérabilité des demandeurs de protection internationale retenue dans le régime d’asile européen commun. Or, à plusieurs égards, c’est cette dernière approche qui permet de révéler tout l’intérêt du recours à la vulnérabilité en droit. Son analyse, à travers cette étude, permet d’affirmer que celle-ci tend à identifier des particularismes, des spécificités individuelles appelant une protection spécifique. En exigeant une individualisation de la vulnérabilité par l’existence d’une faiblesse caractérisée par des besoins particuliers en termes d’accueil et de procédure, le droit de l’UE circonscrit la notion de personne vulnérable à un nombre limité de demandeurs de protection internationale. Mais plus encore, cette acception retenue révèle la fonction principale de tout recours au concept de vulnérabilité en droit : assurer une protection renforcée et adaptée. C’est en effet à travers sa fonction, ici, une prise en charge physique et procédurale adaptée des demandeurs de protection internationale vulnérables, que se révèle l’effectivité de la vulnérabilité en droit européen de l’asile. D’un point de vue juridique, tous les demandeurs de protection internationale ne sont pas tous vulnérables, seulement certains d’entre eux, à savoir ceux ayant des besoins particuliers, peuvent être effectivement qualifiés de vulnérables. Cette étude de la vulnérabilité en droit européen de l’asile permet ainsi plus largement d’appréhender et de délimiter les contours et la fonction de la vulnérabilité en droitAt first sight, talking about Vulnerability in the field of European Asylum Law could sound surprising, as the vulnerability of applicants for international protection seems to be inherent to their status and their exile course. The European Court of Human Rights in the M.S.S. versus Belgium and Greece case recognized indeed the vulnerability of the whole group of applicants for international protection. However, this globalizing approach is opposed to the individualized approach set in the instruments of the Common European Asylum System. In many ways, this last approach is the one that reveals the interest of using the concept of Vulnerability in Law. The analysis of Vulnerability, through the research conducted, allows to assert that Vulnerability aims at identifying particularities, individual specificities that require special protection. While demanding an individualization of Vulnerability through the existence of a characterized weakness entailing special needs in terms of reception and procedural guarantees, the EU Law effectively confines the notion of vulnerable person to a limited number of individuals. But, above all, it reflects the principal function of the use of Vulnerability in Law: to ensure an enhanced protection. It is indeed through its function, namely a material and procedural support adapted to the special needs of vulnerable applicants for international protection, that the effectiveness of Vulnerability is revealed in the field of the European Asylum Law. All the applicants for international protection are not per se vulnerable, just few of them are: only those who have special needs can be qualified as vulnerable. This analysis of the concept of Vulnerability in the field of European Asylum Law allows thus to comprehend and delimit its outlines and its functions in Law
43
Bluth, Christoph. "Security, culture and human rights in the Middle East and South Asia." Xlibris, 2019. http://hdl.handle.net/10454/17560.
Повний текст джерелаАнотація:
NoEuropean countries are dealing with an increasing number of refugees seeking asylum. Country evidence is critical in the assessment of any asylum claim. The purpose of this study is to review some of the common issues which frequently are the focus of asylum appeal cases in relation to applicants from South Asia and the Middle East. The focus is on Pakistan, Iraq and Iran and it covers a range of issues that give rise to asylum claims, such as the general security situation, the risk from terrorism and other forms of political violence, the risk to political opponents of governments, the risks in blood feuds and from the perceived violation of family honour, religious persecution and the risks faced by ethnic minorities. It is a very useful resource to volunteers and professionals involved in supporting asylum seekers.
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Miloradovic, Jovana. "Temporära migrationslösningar och mänskliga rättigheter : En kritisk granskning av EU:s flyktingpolitik." Thesis, Uppsala universitet, Teologiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-395543.
Повний текст джерелаАнотація:
This study analyzes whether the EU's migration agreement with Turkey and negotiations on a agreement with Libya correspond with the requirements that can be imposed on the EU in regards to respect the rights of refugees. The purpose of this thesis is to provide a critical approach of EU's agreements with these two countries, from a legal and moral perspective. The study contains the central protections for refugees and asylum seekers in international law and European Union law. The moral perspective consists of an independent notion defining the respect for human dignity with regarding perceptions of Elena Namli and Seyla Benhabib. This study shows that EU's agreement with Turkey and negotiations on a agreement with Libya means displacing of EU's responsibility to ensure the protection of refugees. From the agreements it may be concluded that EU’s refugee policy prioritizes security issues over respect for human dignity.
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Leonavičiūtė, Simona. "Diplomatic asylum in the context of public international law." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20120703_133030-41044.
Повний текст джерелаАнотація:
Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State.
This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law.
International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on... [to full text]Kiekviena valstybė savo ambasadose ar konsulatuose gali sulaukti asmenų prašančių prieglobsčio dėl gresiančio pavojaus gyvybei ar saugumui. Nors diplomatinis prieglobstis yra būdingesnis Lotynų Amerikos regionui, nė viena valstybė nėra apsaugota nuo tokio prašymo. Praktiniai pavyzdžiai rodo, kad diplomatinis prieglobstis padėjo išgelbėti tūkstančius gyvybių ten, kur vykdavo dažna politinės valdžios kaita, per karus, ar tokiose situacijose, kur nebuvo galima rasti jokios kitos apsaugos. Diplomatinio prieglobsčio suteikimas yra problematiškas klausimas, kadangi nėra aišku, kam turėtų būti teikiama pirmenybė: atstovybės patalpų neliečiamybei ar nesikišimo į valstybės vidaus reikalus principui, žmogaus teisių apsaugai ar valstybės suverenitetui. Šiuo magistro darbu siekiama išsiaiškinti diplomatinio prieglobsčio svarbą tarptautines teisės kontekste, kokie yra galimi pagrindai šiam prieglobsčiui suteikti. Šiam tikslui pasiekti, didelis dėmesys skiriamas diplomatinio prieglobsčio vystymuisi ir pagrindiniams bruožams, jo santykiui su regioniniais ir visuotiniais tarptautines teises dokumentais, dominuojančia pozicija teismų praktikoje. Pagrindams diplomatiniui prieglobsčiui rasti buvo analizuojamos tarptautinės sutartys, šalių praktika ir skirtingos autorių nuomonės. Tose šalyse, kur diplomatinis prieglobstis yra pripažįstamas, jis yra suteikiamas pagal esamą teisinį reguliavimą. Kitose šalyse, nepripažįstančiose diplomatinio prieglobsčio kaip teisinio instituto, jis yra suteikiamas... [toliau žr. visą tekstą]
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Nyame, Hallex Berry. "Unaccompanied children - the effects of asylum process : A study on the effects of the waiting process of asylum seeking in Sweden for unaccompanied children." Thesis, Uppsala universitet, Teologiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-254314.
Повний текст джерелаАнотація:
This thesis provides a qualitative research of asylum seeking of unaccompanied children in Sweden. Children who find themselves traveling borders without company of a family member are in a very vulnerable position. In this thesis, the experience of unaccompanied children undergoing an asylum process in the Swedish jurisdiction is presented and the consequences of this process are also presented. With the creation of territorial boundaries embodied with an institution of state sovereignty, unaccompanied children finds themselves in a position of statelessness which produces a situation of rightlessness as they find themselves outside their own territories. This research suggests that, the territorial system provides great examples of unaccompanied children in a situation of statelessness even when they find themselves inside a new community. Even in this new state they do not automatically gain access to the community, instead through migration system, they must undergo investigations and procedures to prove that they have the rights to belong to that current community, a procedure that contributes to stress and other negative factors to the health of these children. From the findings of the interviews with unaccompanied children undergoing the process of seeking asylum and also unaccompanied children in hiding, it is seen that the asylum seeking process in the condition of unaccompanied children is characterized by the paradoxical system of national states, territorialism, totalitarianism, state sovereignty and an effort of maintaining human rights. The suggestion is that, the paradigm of territorialism and state sovereignty deprives unaccompanied children from what one in the Arendtian sense would call the right to have rights. As their journey to a new community starts off as a position of statelessness and with a 50% chance of returning back to that position. Their position slowly emerges from unaccompanied children, to a stateless adultescence and lastly to a forgotten undocumented adult.
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Oduba, Victor. "Politics of asylum : sovereign considerations in the multilateral and humanitarian practices of refugee protection in post-apartheid South Africa." Thesis, Rhodes University, 2003. http://hdl.handle.net/10962/d1007725.
Повний текст джерелаАнотація:
Most scholars claim that international human rights norms embodied in formal international declarations and treaties have an important impact on domestic political interests and governmental practices. This reasoning about the impact of global human rights is often applied to the post-apartheid South African immigration and refugee policies. While I acknowledge that the ratification of United Nations Conventions on refugees has altered the traditional sovereignty considerations of South Africa towards asylum seekers, I take issue with the claims that South African refugee and asylum policies are primarily motivated and based on humanitarian considerations. Instead, I argue that these policies are based on sovereign considerations and strategic foreign policy interests. As a result this sovereign interests of South Africa to study has sought to demonstrate that largely explain decisions on the part accept or reject refugees. Although norms diffusion, international advocacy networks, and prestige factors have made a big impact, in practice the refugee policy has continued to reflect South Africa's strategic interests and domestic considerations at all levels. However, I have not argued that South Africa should overlook its national and foreign interests and abide by international human rights norms regardless of the cost of doing so. I have only sought to demonstrate that refugee protection is more when powerful national interests find it conducive to manage the destabilizing refugee flows.
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Pobjoy, Jason Mark. "The child in international refugee law." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709300.
Повний текст джерела
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Jardstam, Karin. "The Stranger’s Case : Refugees and Moral Rights." Thesis, Umeå universitet, Institutionen för idé- och samhällsstudier, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-162370.
Повний текст джерелаАнотація:
Using the events in Sweden in the autumn of 2015 as a practical example, this paper examines the question of whether there are circumstances when it is morally permissible for rich, democratic states to close their borders to asylum-seekers. To lay a common ground, the author starts by looking at the right of asylum-seekers, who a refugee is, and what obligations a host country have towards them. Thus, after looking at general human rights, and how they apply to the right to seek asylum, the author turns to the question of who a refugee is, and the difference between refugees according to the 1951 Geneva Convention, and people who are in need of subsidiary protection, before choosing to use UNHCR’s wider definition of a refugee. While acknowledging that refugees have specific rights that other persons in need of protection do not, all asylum-seekers are entitled to not be sent back to a place of danger (which is the principle of non-refoulement). Though both groups are entitled to stay on in the country, the temporary status for those in need of subsidiary protection raises some questions about integration and their standing in society and therefore the question of membership rights is discussed before the author returns to the events in Sweden in 2015 and argues that there are circumstances when it is morally acceptable for a country to close its borders to refugees, but that there are limitations when this can be done and for how long. Finally, it is argued that a system that prevents countries from having to – or choosing to – close their borders to refugees is needed. The author discusses whether the grounds for such a system could be found in the work that UNHCR does, and if the DAC agreement can be used as a model for fair distribution.
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Wollmer, Anna. "International refugee law and the common European asylum system : Conformity or human rights violation?" Thesis, Uppsala universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-233208.
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