Refugee Registration as Foreclosure of the Freedom to Move: The Virtualisation of Refugees' Rights within Maps of International Protection

10.1068/d6807 ◽  
2009 ◽  
Vol 27 (2) ◽  
pp. 352-369 ◽  
Author(s):  
Mark F N Franke

The lack of solid footing in political space is what makes the human rights claims of refugees most vulnerable in the contemporary international order. However, modern international human rights law and protection are predicated on a spatialised sense of the subject of rights that is formed in opposition to and in exclusion of the refugee. The United Nations High Commissioner for Refugees (UNHCR) seeks to locate refugees as part of the universe of human rights through refugee registration exercises; it attempts to map their displacement within the geography of emplaced citizenry. Its conventional efforts in this regard fail, though, and, rather, serve to illustrate how the informal international movement of refugees still exceeds and, thus, undermines the universalism of the UN vision of human rights and freedoms. Consequently, the UNHCR has recently resorted to the highly sophisticated computerised registration technology, called proGres, under its Project Profile system. While the detail and complexity of Project Profile allow for a mapping no more capable of accurately tracing the movements of refugees within the global geography of universal human rights, the complex of digitalised mapping systems brought together within Project Profile permit the production and performance of an international space in which humanitarians may expect refugees to fit. The force of the UNHCR's new registration system is to produce a manner of spatialising refugees that can legitimate and moralise their constraint within orders of international politics and security which allow little room for response to the rights claims of refugees. Rather, their claims to human rights become foreclosed within a virtual understanding of human displacement with respect to emplacement in the state.

Janus Head ◽  
2019 ◽  
Vol 17 (1) ◽  
pp. 9-43
Author(s):  
Gabriela Arguedas-Ramirez ◽  

This essay aims to show that the nations of Central America must create access to safe and legal abortion as well as promote a political dialogue on the subject that is based on reason and science, rather than religion. Not only does prohibiting abortion constitute a violation of women's human rights, but, based on international human rights law as well as the minimum duties of civil ethics, failing in to provide such access or dialogue would mean failing to meet the standards of a legitimate democratic state.


Author(s):  
Sardar M. A. W. K. Arif

The International Law of Occupation (ILOC) regulates all kinds of occupation. However, the other bodies of law, such as, International Humanitarian Law (IHL) and International Human Rights Law (IHRL) also apply in times of occupation. These bodies of law create obligations especially on states and in particular, on the occupying powers. The presumption is that occupations are temporary in nature but why prolonged occupations? In this context, this article focuses on legal aspects of belligerent prolonged occupation. It evaluates the international legal framework and sources of belligerent prolonged occupation. While protection of civilians is central to the bulk of texts of international treaties and the occupiers have obligations, it investigates into obligations of the occupying powers in occupied territory by analysing the existing legal framework under IHL and IHRL. Further, it also discusses the provisions of ILOC. The argument developed throughout this article is that the occupying powers are under humanitarian and human rights obligations to guarantee the best possible protection of rights of occupied people in the case of prolonged occupation in particular and adding on that IHL and IHRL apply in complementarity in situations of prolonged occupation. For the purpose of this article, qualitative method is followed, and existing literature on the subject has been analysed. 


Author(s):  
Neuman Gerald L

This article examines the role of the principle of subsidiarity in international human rights law. It explains the concept and the procedural doctrines of subsidiarity and considers subsidiarity of international institutions as a structural fact and the substantive subsidiarity within the state. It contends that international protection of human rights is subsidiary to national protection and that subsidiarity plays important roles in international human rights law. This article also predicts the future expansion and evolution of the role of subsidiarity in international human rights law.


Author(s):  
Rhona K. M. Smith

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; key treaties and mechanisms for monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.


2016 ◽  
Vol 18 (5) ◽  
pp. 377-387 ◽  
Author(s):  
Elżbieta Karska ◽  
Karol Karski

Modern international law defines a very narrow definition of mercenarism. It does not include all aspects of this phenomenon as it was known and understood for centuries. At the same time the emergence of new forms of mercenary-related activities is observed. The terms ‘foreign fighters’ and ‘foreign terrorist fighters’ should be analysed in this context inter alia from a legal perspective. A question needs to be answered if those existing regulations relating to mercenaries can apply to these terms. It is also important to note how both mercenaries and their activities are perceived under international law. The international legal analysis of factual and legal measures undertaken by states towards foreign fighters and foreign terrorist fighters is also interesting. Frequently these activities concern not just the fighters alone but apply also to all of us. This requires us to look at them in the context of international human rights law. These issues are the subject of current works undertaken within the scope of international organisations. un Security Council adopted resolution 2170 (2014) and 2178 (2014) regarding foreign terrorist fighters. The un General Assembly and un Human Rights Council also tackle these issues. The activity of foreign fighters and foreign terrorist fighters on one side and the activities of the states in reaction to this activity on the other side are also monitored inter alia by the un Working Group on the use of mercenaries.


2020 ◽  
Vol 11 ◽  
pp. 1-20
Author(s):  
Shirley Llain Arenilla ◽  
Cindy Hawkins Rada

The population of environmentally displaced people has increased recently, thus this article aims to address the challenges climate change may impose on Nation-States concerning human rights in relation to forced migration. The relationship between climate change and forced migration will be studied in order to present the problems arising from the allocation of international responsibility among States and the international protection (or the lack thereof) of “Climate Refugees” and stateless persons caused by the disappearance of Nation- States under climate change; solutions will be proposed under the existing International Human Rights Law.


Author(s):  
Rhona K. M. Smith

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the International Bill of Human Rights; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.


Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams

Human rights are a matter of international law, as the rights of humans do not depend on an individual’s nationality and so the protection of these rights cannot be limited to the jurisdiction of any one State. This chapter introduces the principal ideas, issues and framework of international human rights law. It discusses human rights theories; human rights and the international community; international protection of human rights; regional human rights protections; limitations on the human rights treaty obligations of States; the right of self-determination; and the protection of human rights by non-State actors.


2006 ◽  
Vol 19 (2) ◽  
pp. 349-391 ◽  
Author(s):  
ALICE EDWARDS

International human rights law has been the subject of much scrutiny by feminist scholars over the past two decades, principally because of the way in which it is seen as privileging the realities of men's lives while ignoring or marginalizing those of women. The international prohibition on torture is identified by feminist writers as a classic example of this ‘male’-gendered nature of human rights law. This article explores the extent to which key feminist critiques of the 1980s and 1990s are now reflected in the commentary and jurisprudence on torture of various international human rights bodies. It asks: have the critiques of international human rights law been satisfied by interpretations applied by international and regional bodies to this so-called ‘male’ right? It concludes by offering both caution and counsel – it cautions against the potentiality of new interpretations simply replacing old gender-based stereotypes with new ones and counsels international decision-makers to focus on the individual or personalized characteristics and circumstances of each claim, of which sex/gender may be but one factor.


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