Clinical Assessment of Asylum Seekers: Balancing Human Rights Protection, Patient Well-Being, and Professional Integrity

2013 ◽  
Vol 13 (7) ◽  
pp. 13-15 ◽  
Author(s):  
Janet Cleveland ◽  
Monica Ruiz-Casares
2019 ◽  
Vol 20 (05) ◽  
pp. 637-659
Author(s):  
Boryana Gotsova

AbstractFive years after the Dublin transfers of asylum seekers to Greece were halted—due to recurrent failings in the detention conditions, living conditions, and asylum procedure—the European Commission recommended a resumption of the practice. This Article analyzes the Recommendation in light of the human rights reports preceding and following it. The examination reveals that the renewal of systematic transfers would be premature, posing serious risks to the rights of asylum seekers under European and EU law. The restoration of a flawed system for distribution of asylum claims among the Member States—without fundamental reforms towards greater solidarity—may lead to a repetition of past mistakes. Despite the paramount importance of the Dublin system for the functioning of the Schengen Area, rule enforcement should not supersede human rights protection.


2019 ◽  
Vol 38 (4) ◽  
pp. 363-386
Author(s):  
Jari Pirjola

Abstract Post-return monitoring of rejected asylum-seekers is the missing link in the protection chain for rejected asylum-seekers. In the European Union, for example, the rights of rejected asylum-seekers are well guaranteed and monitored in the pre-return and return phases. Systematic monitoring of forced returns stops when the deportee arrives at the airport of his or her country of origin. The sending countries do not know what happens to rejected asylum-seekers and irregular migrants upon return. International human rights organisations have started to pay attention to this gap in the international protection system. Ignorance by States in this regard deprives them of important insights from the viewpoint of human rights protection and return policies. This article explores what comprises post-return monitoring, what kinds of post-return monitoring projects have been carried out so far and how post-return monitoring could be implemented in the future. The article also discusses the role of post-return monitoring in the refugee determination procedure. It is argued that post-return monitoring could both strengthen the protection of refugees and asylum-seekers and assist States in creating effective, transparent, and morally responsible return policies.


Author(s):  
Uliana Kuzenko

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.


Author(s):  
Bożena Drzewicka

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.


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