Part I International Refugee Law— Reflections on the Scholarly Field, Ch.4 Queering International Refugee Law

2021 ◽  
Author(s):  
Ferreira Nuno ◽  
Danisi Carmelo
Keyword(s):  
Policy Instruments ◽  
Host Countries ◽  
Refugee Law ◽  
Law And Policy ◽  
Asylum Law ◽  
International Refugee Law ◽  
And Gender ◽  
Legal Frameworks ◽  
Key Aspects ◽  
Relations Of Power

This chapter investigates the links between asylum law and policy and sexual orientation and gender identity (SOGI). Although human rights have been increasingly recognized irrespective of one’s SOGI at international, regional, and domestic levels, legal frameworks do not yet tackle violations of such rights effectively. As a result, members of SOGI minorities may be forced to flee their countries of origin, often making SOGI-based asylum claims in host countries. Since the inception of the Refugee Convention, there has been a continuous battle for recognition of SOGI claims within a system that was not designed with SOGI minorities in mind. The chapter thus explores key aspects of SOGI asylum that ultimately question the heteronormative relations of power in asylum law and highlights how legal and policy frameworks may be reformed. It considers how refugee law has been progressively queered, looking at the range of legal and policy instruments that play a role in this queering process. Finally, the chapter identifies the key actors that have contributed to the development of SOGI refugee law and assesses the specific needs of SOGI asylum claimants and refugees.

Part I International Refugee Law— Reflections on the Scholarly Field, Ch.2 Race, Refugees, and International Law

2021 ◽  
Author(s):  
Tendayi Achiume E
Keyword(s):  
International Law ◽  
Racial Discrimination ◽  
Race And Ethnicity ◽  
International Human Rights Law ◽  
Legal Analysis ◽  
Refugee Law ◽  
International Refugee Law ◽  
And Gender ◽  
Role Of Religion

The experiences of refugees are heavily mediated by race and ethnicity, and international law plays a significant role in this mediation—in some cases offering important protections, and in others entrenching discrimination and exclusion. This Chapter makes four contributions. First, it articulates a structural and intersectional account of race, racial discrimination and xenophobic discrimination as essential starting points for international legal analysis of race and refugees. This analysis includes the overlap and distinctions between racial and xenophobic discrimination, as well as the role of religion, class and gender in shaping racial discrimination against refugees. Secondly, it reviews the doctrine on race and refugees in international refugee law and international human rights law, and maps the attendant academic literature analyzing this law. Thirdly, the Chapter canvasses legal scholarship that has examined the structure, history and development of the international refugee regime in relation to race. Finally, it concludes with reflections on a research agenda on race and refugees.

scholarly journals NEW TRENDS IN MIGRATORY AND REFUGEE LAW IN BRAZIL: THE EXPANDED REFUGEE DEFINITION

2015 ◽  
Vol 3 (3-4) ◽  
pp. 143-169
Author(s):  
Catherine Tinker ◽  
Laura Madrid Sartoretto
Keyword(s):  
Geneva Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Narrow Scope ◽  
Refugee Law ◽  
The Status ◽  
International Refugee Law ◽  
Legal Frameworks ◽  
Definition Of ◽  
Domestic Level

This paper aims to explore new trends in Brazilian refugee and migratory law in the last 20 years. In doing so it addresses the evolution of the definition of “refugee” in Brazil, expanding the eligibility grounds provided by the 1951 Geneva Convention on the Status of Refugees (1951 Convention). Reviewing international and regional refugee law, the article analyzes the broader understanding of the notion of “refuge” and its complexity expressed in regional and national legal frameworks, taking account of lawyers, scholars and activists who criticize the narrow scope of the classical refugee definition from 1951 which has become distant from current refugee voices and struggles. At the domestic level, although the 1980 Aliens Statute (Act. n. 6815/80) is still in effect, there have been important changes in refugee law in Brazil since the implementation of the 1997 Refugee Statute (Act n. 9.474/97), influenced by the 1984 Cartagena Declaration (a regional soft law instrument) regarding the definition of “refugee”. Exploring the interconnection of the Refugee Statute and complementary forms of human rights protection which fall outside the scope of international refugee law, the article concludes that in the specific case of Haitians in Brazil, the broader protections of Brazilianrefugee law should be available rather than the complementary systemof humanitarian visas.

scholarly journals NEW TRENDS IN MIGRATORY AND REFUGEE LAW IN BRAZIL: THE EXPANDED REFUGEE DEFINITION

2018 ◽  
Vol 3 (3-4) ◽  
pp. 143-169
Author(s):  
Catherine Tinker ◽  
Laura Madrid Sartoretto
Keyword(s):  
Geneva Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Narrow Scope ◽  
Refugee Law ◽  
The Status ◽  
International Refugee Law ◽  
Legal Frameworks ◽  
Definition Of ◽  
Domestic Level

This paper aims to explore new trends in Brazilian refugee and migratory law in the last 20 years. In doing so it addresses the evolution of the definition of “refugee” in Brazil, expanding the eligibility grounds provided by the 1951 Geneva Convention on the Status of Refugees (1951 Convention). Reviewing international and regional refugee law, the article analyzes the broader understanding of the notion of “refuge” and its complexity expressed in regional and national legal frameworks, taking account of lawyers, scholars and activists who criticize the narrow scope of the classical refugee definition from 1951 which has become distant from current refugee voices and struggles. At the domestic level, although the 1980 Aliens Statute (Act. n. 6815/80) is still in effect, there have been important changes in refugee law in Brazil since the implementation of the 1997 Refugee Statute (Act n. 9.474/97), influenced by the 1984 Cartagena Declaration (a regional soft law instrument) regarding the definition of “refugee”. Exploring the interconnection of the Refugee Statute and complementary forms of human rights protection which fall outside the scope of international refugee law, the article concludes that in the specific case of Haitians in Brazil, the broader protections of Brazilianrefugee law should be available rather than the complementary systemof humanitarian visas.

scholarly journals NEW TRENDS IN MIGRATORY AND REFUGEE LAW IN BRAZIL: THE EXPANDED REFUGEE DEFINITION

2018 ◽  
Vol 3 (3-4) ◽  
pp. 143-169
Author(s):  
Catherine Tinker ◽  
Laura Madrid Sartoretto
Keyword(s):  
Geneva Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Narrow Scope ◽  
Refugee Law ◽  
The Status ◽  
International Refugee Law ◽  
Legal Frameworks ◽  
Definition Of ◽  
Domestic Level

This paper aims to explore new trends in Brazilian refugee and migratory law in the last 20 years. In doing so it addresses the evolution of the definition of “refugee” in Brazil, expanding the eligibility grounds provided by the 1951 Geneva Convention on the Status of Refugees (1951 Convention). Reviewing international and regional refugee law, the article analyzes the broader understanding of the notion of “refuge” and its complexity expressed in regional and national legal frameworks, taking account of lawyers, scholars and activists who criticize the narrow scope of the classical refugee definition from 1951 which has become distant from current refugee voices and struggles. At the domestic level, although the 1980 Aliens Statute (Act. n. 6815/80) is still in effect, there have been important changes in refugee law in Brazil since the implementation of the 1997 Refugee Statute (Act n. 9.474/97), influenced by the 1984 Cartagena Declaration (a regional soft law instrument) regarding the definition of “refugee”. Exploring the interconnection of the Refugee Statute and complementary forms of human rights protection which fall outside the scope of international refugee law, the article concludes that in the specific case of Haitians in Brazil, the broader protections of Brazilianrefugee law should be available rather than the complementary systemof humanitarian visas.

scholarly journals NEW TRENDS IN MIGRATORY AND REFUGEE LAW IN BRAZIL: THE EXPANDED REFUGEE DEFINITION

2018 ◽  
Vol 3 (3-4) ◽  
pp. 143-169
Author(s):  
Catherine Tinker ◽  
Laura Madrid Sartoretto
Keyword(s):  
Geneva Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Narrow Scope ◽  
Refugee Law ◽  
The Status ◽  
International Refugee Law ◽  
Legal Frameworks ◽  
Definition Of ◽  
Domestic Level

This paper aims to explore new trends in Brazilian refugee and migratory law in the last 20 years. In doing so it addresses the evolution of the definition of “refugee” in Brazil, expanding the eligibility grounds provided by the 1951 Geneva Convention on the Status of Refugees (1951 Convention). Reviewing international and regional refugee law, the article analyzes the broader understanding of the notion of “refuge” and its complexity expressed in regional and national legal frameworks, taking account of lawyers, scholars and activists who criticize the narrow scope of the classical refugee definition from 1951 which has become distant from current refugee voices and struggles. At the domestic level, although the 1980 Aliens Statute (Act. n. 6815/80) is still in effect, there have been important changes in refugee law in Brazil since the implementation of the 1997 Refugee Statute (Act n. 9.474/97), influenced by the 1984 Cartagena Declaration (a regional soft law instrument) regarding the definition of “refugee”. Exploring the interconnection of the Refugee Statute and complementary forms of human rights protection which fall outside the scope of international refugee law, the article concludes that in the specific case of Haitians in Brazil, the broader protections of Brazilianrefugee law should be available rather than the complementary systemof humanitarian visas.

Transnational Refugee Law

2021 ◽  
pp. 216-246
Author(s):  
Satvinder S. Juss
Keyword(s):  
Geneva Convention ◽  
Alternative Conceptions ◽  
Legislative Authority ◽  
Refugee Law ◽  
Asylum Law ◽  
The Holocaust ◽  
The Status ◽  
International Refugee Law ◽  
The Cold War ◽  
Formal Recognition

The Geneva Convention on the Status of Refugees 1951 was born on the ashes of the Holocaust. Asylum law’s function has been to protect unfortunates from specifically political harms. The grant of asylum has in turn reflected a judgment that the state of origin had abused its authority. Asylum was in this way connected to tactics for reforming or challenging abusive regimes. Yet, after the Cold War, asylum law was increasingly questioned as “Eurocentric.” It made refugee law incomplete and politically partisan. The requirement of persecution rendered it obsolete. There was a futility in trying to define a refugee by a particular motivation for departure, which had no historical precedent and proved unworkable in many situations. Alternative conceptions of the refugee had to be sought by the states themselves as other “norm entrepreneurs” in “norm setting” with a consequent dispersal of authority away from the United Nations. This chapter examines the fragmentary nature of international refugee law today. It argues for a formal recognition of a body of “Transnational Refugee Law” (TRL) in the absence of a world legislative authority for norm-setting, as well as a world court for the interpretation of refugee law. Who makes the “norms” and who are the “actors” making them, is a question rarely addressed in mainstream works of refugee law.

Part V The Scope of Refugee Protection, Ch.43 Protecting Refugees with Disabilities

2021 ◽  
Author(s):  
Crock Mary
Keyword(s):  
Human Populations ◽  
Persons With Disabilities ◽  
Left Behind ◽  
Refugee Protection ◽  
Refugee Law ◽  
Law And Policy ◽  
Reasonable Accommodations ◽  
Durable Solutions ◽  
International Refugee Law ◽  
Definition Of

This chapter evaluates the law and policy concerning persons with disabilities displaced as refugees, beginning with a broad survey of international legal and policy frameworks. It is accepted as axiomatic that events producing refugees are a major cause of death and disability in vulnerable human populations. Counterintuitively, however, statistical data collected by both national and United Nations agencies, including UNHCR, has traditionally identified only very small numbers of refugees as having disabilities. The supposition seems to have been that persons with disabilities are not able to travel and that these individuals are most likely to be left behind to perish or otherwise suffer the slings and arrows of fate and misfortune. Research in more recent times has revealed such assumptions about the mobility of refugees with disabilities to be patently false. The chapter then looks at the intersections between refugee law and human rights laws, examining how key elements of the definition of refugee should apply to persons with disabilities. It also addresses the procedural implications of requirements that ‘reasonable accommodations’ be made in status determinations and treatment of refugees with disabilities. Finally, the chapter comments on durable solutions for refugees with disabilities and the future impact of the UN Convention on the Rights of Persons with Disabilities on international refugee law and policy.

scholarly journals INTERNATIONAL COOPERATION AND RESPONSIBILITY-SHARING TO PROTECT REFUGEES: WHAT, WHY AND HOW?

2017 ◽  
Vol 66 (4) ◽  
pp. 863-892 ◽  
Author(s):  
Rebecca Dowd ◽  
Jane McAdam
Keyword(s):  
New York ◽  
International Cooperation ◽  
Environmental Law ◽  
Host Countries ◽  
The Past ◽  
Refugee Law ◽  
Legal Obligations ◽  
International Refugee Law ◽  
High Level ◽  
Insight Into

AbstractWhile countries that receive refugees have certain legal obligations to assist and protect them, the legal duties of other States to step in and help relieve this burden is less clear. Despite multiple proposals, a mechanism to systematically, equitably and predictably allocate responsibilities between States at a global level has still not been agreed. The UN's High-Level Summit on Addressing Large Movements of Refugees on 19 September 2016 held some promise in this regard, but the resulting New York Declaration was more muted than earlier drafts. This article seeks to provide a unique insight into the meaning of responsibility-sharing and international cooperation from the perspective of individual States. It does so by examining statements they have made at various UN fora over the past decade. It focuses on the two main methods of sharing responsibilities, namely the provision of financial and other assistance to host countries, and the admission of refugees. It then considers the extent to which States perceive responsibility-sharing to be a legal obligation, as opposed to a voluntary undertaking, and analyses this in light of expert opinion. Finally, it discusses the principle of common but differentiated responsibilities, a concept drawn from international environmental law, and considers whether and how it might apply in the international refugee law context.

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