Part V The Scope of Refugee Protection, Ch.44 Stateless Refugees

2021 ◽  
Author(s):  
Lambert Hélène
Keyword(s):  
Legal Framework ◽  
Refugee Convention ◽  
Refugee Protection ◽  
The Status

This chapter focuses on stateless refugees. The 1954 Convention relating to the Status of Stateless Persons (Stateless Convention) and the 1961 Convention on the Reduction of Statelessness together form the foundation of the international legal framework on statelessness and the protection of stateless persons. As the refugee definition in article 1A(2) of the Refugee Convention makes clear, it has always been assumed that having or not having a nationality is not a determinant element for being recognized as a refugee; in fact UNHCR datasets record stateless refugees as refugees. At the same time, considerations of nationality or lack thereof can have a strong bearing on the assessment of key elements of the refugee definition. For instance, claims for protection from individuals whose nationality was denied or withdrawn or whose nationality is ineffective may be relevant facts in the assessment of persecution or well-founded fear. The chapter therefore considers the extent to which the Refugee Convention protects stateless persons as refugees, scrutinizing all parts of the definition in article 1A(2).

The Regional Law of Refugee Protection in Africa

2018 ◽  
Author(s):  
Marina Sharpe
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
African Unity ◽  
Refugee Protection ◽  
Original Analysis ◽  
The Status ◽  
Organization Of African Unity ◽  
African Charter ◽  
African Refugee ◽  
Institutional Architecture

This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part I analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, and the 1981 African Charter on Human and Peoples’ Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Convention’s drafting, an interpretation of its unique refugee definition, and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and relationships of interpretation between the two refugee instruments, as well as to the relationships of conflict and of interpretation between the African Refugee Convention and African Charter. Part II focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples’ Rights, and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.

Part V The Scope of Refugee Protection, Ch.45 Conflict Refugees

2021 ◽  
Author(s):  
Wouters Cornelis (Kees)
Keyword(s):  
Legal Framework ◽  
Armed Conflicts ◽  
Human Suffering ◽  
Refugee Convention ◽  
Refugee Protection ◽  
Dynamic Interpretation ◽  
Societal Structure ◽  
Definition Of ◽  
The Way

Armed conflicts have always been and still are major causes of refugee movements. They invariably cause human suffering, destroying State and societal structure and affecting the lives of civilian populations. While it is difficult to contest that people should not be returned to conflict, different thinking and practices are discernable in relation to the applicable legal framework for providing refugee protection to people displaced across borders by conflict. These discrepancies arise in part from the way in which conflicts are understood; the way in which the definition of a refugee in the Refugee Convention has been interpreted and applied; and in part from limitations in the definition itself. Recognizing ‘conflict refugees’ as refugees within the international legal framework requires an understanding of the dynamics of conflicts and a dynamic interpretation of the refugee definitions at global and regional levels.

scholarly journals An Analysis Of The Legal Framework Of International Refugee Protection System

2019 ◽  
Vol IV (I) ◽  
pp. 1-10
Author(s):  
Muhammad Zubair ◽  
Muhammad Aqeel Khan ◽  
Muzamil Shah
Keyword(s):  
Legal Protection ◽  
Legal Framework ◽  
Protection System ◽  
Initial Moment ◽  
International Level ◽  
Modern History ◽  
Refugee Convention ◽  
Refugee Protection ◽  
History Of ◽  
Definition Of

The article aims to investigate the legal framework of refugee protection system at regional and international level, which starts with the modern history of refugee system that when fleeing people from one region to another were considered as refugees. It further explores steps that were taken at the initial moment and how such system developed at the international level. The legal protection along with internationally accepted definition of refugees was achieved with the passage of time. The 1951 Refugee Convention is considered as the main foundation upon which the whole refugee system is based, was further augmented with the adoption of the 1967 Protocol, which removed the two main objections i.e. the temporal and geographical limitations from the Convention. The article explains the refugee definition, protections available under various instruments at regional and international level to refugees.

scholarly journals Women and the 1951 Refugee Convention: Fifty Years of Seeking Visibility

Refuge ◽  
2001 ◽  
pp. 25-35 ◽  
Author(s):  
Nahla Valji
Keyword(s):  
Legal System ◽  
Asylum Seekers ◽  
Refugee Convention ◽  
Half Century ◽  
Refugee Women ◽  
The Past ◽  
Refugee Protection ◽  
The Status ◽  
International Legal System

The refugee regime, built on the 1951 Convention relating to the Status of Refugees, has long excluded women from the international right to protection from persecution. The gender-blind parameters of the Convention have been exacerbated by the same qualities in the international legal system of which it is a part; state practices toward asylum-seekers; and the dichotomous construction of the refugee regime as a whole, which has produced and reproduced victimizing identities of refugee women. Advances today, such as the adoption of gender guidelines in a number of states, have been more symbolic in effect than transforming. New policy paths need to be evaluated to ensure that the next half-century of refugee protection does not duplicate the inequalities of the past.

Academic Technology Transfer in Poland-30 Years of Growth

2020 ◽  
Vol 7 (1) ◽  
pp. 25-32
Author(s):  
Krystian Gurba
Keyword(s):  
Technology Transfer ◽  
Private Sector ◽  
Institutional Environment ◽  
Innovation System ◽  
Legal Framework ◽  
European Countries ◽  
Support Programs ◽  
Significant Delay ◽  
Academic Technology ◽  
The Status

Organizations managing technology transfer from universities to the private sector, although born in Poland with a significant delay compared to Western European countries, are currently important actors in the Polish innovation system. The article summarizes the process of shaping the role and models of the functioning of these organizations. It discusses the status and functions of technology transfer centers and the institutional environment of academic technology transfer in Poland: legal framework, support programs, and partner organizations. Furthermore, it highlights the importance of cooperation networks in technology transfer and draws attention to specific initiatives focused on technology transfer in the biotechnology and pharmacy sectors.

Recourse to Human Rights Treaty Bodies for Monitoring of the Refugee Convention

2002 ◽  
Vol 20 (1) ◽  
pp. 53-74 ◽  
Author(s):  
Saul Takahashi
Keyword(s):  
Human Rights ◽  
Monitoring Methods ◽  
Refugee Convention ◽  
Body Model ◽  
Number Of Factors ◽  
The World ◽  
Monitoring Mechanism ◽  
The Status ◽  
Treaty Body ◽  
Refugee Issues

Nearly all human rights conventions adopt the treaty body model to monitor states parties' implementation of their treaty obligations. This monitoring mechanism provides for a quasi judicial committee, far detached from sites of many of the human rights violations it reviews. On the other hand, there is no such treaty body for the 1951 Convention relating to the Status of Refugees. Rather, there is the UNHCR; a large operational agency with offices all over the world, including in sites of refugee emergencies. Effective monitoring of human rights conventions would seem to require a number of factors, including independence and transparency. Legitimate monitoring would have to be strong, and would have to be seen to be strong. Criticism raised in recent years of UNHCR's monitoring methods are largely based on frustration with these points. This paper will examine these issues, and also examine whether recourse to the treaty bodies really provides an adequate remedy for refugee rights. The argument of this paper is that while the UNHCR's monitoring of the Refugee Convention is problematic in many respects, the monitoring of refugee issues by the treaty bodies is in many ways incomplete and inconsistent, and that the treaty body model does not provide refugee advocates with a comprehensive solution.

scholarly journals Ethical Development of Artificial Amniotic Sac and Placenta Technology: A Roadmap

2021 ◽  
Vol 9 ◽  
Author(s):  
E. J. Verweij ◽  
Lien De Proost ◽  
Judith O. E. H. van Laar ◽  
Lily Frank ◽  
Sylvia A. Obermann-Borstn ◽  
...  
Keyword(s):  
Research Ethics ◽  
Stakeholder Engagement ◽  
Legal Framework ◽  
Value Sensitive Design ◽  
Ethical Development ◽  
Legal Research ◽  
Research Setting ◽  
The Status ◽  
The Subject ◽  
Study Participants

In this paper we present an initial roadmap for the ethical development and eventual implementation of artificial amniotic sac and placenta technology in clinical practice. We consider four elements of attention: (1) framing and societal dialogue; (2) value sensitive design, (3) research ethics and (4) ethical and legal research resulting in the development of an adequate moral and legal framework. Attention to all elements is a necessary requirement for ethically responsible development of this technology. The first element concerns the importance of framing and societal dialogue. This should involve all relevant stakeholders as well as the general public. We also identify the need to consider carefully the use of terminology and how this influences the understanding of the technology. Second, we elaborate on value sensitive design: the technology should be designed based upon the principles and values that emerge in the first step: societal dialogue. Third, research ethics deserves attention: for proceeding with first-in-human research with the technology, the process of recruiting and counseling eventual study participants and assuring their informed consent deserves careful attention. Fourth, ethical and legal research should concern the status of the subject in the AAPT. An eventual robust moral and legal framework for developing and implementing the technology in a research setting should combine all previous elements. With this roadmap, we emphasize the importance of stakeholder engagement throughout the process of developing and implementing the technology; this will contribute to ethically and responsibly innovating health care.

Canadian Exclusion Jurisprudence post-Febles

2021 ◽  
Author(s):  
Molly Joeck
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Asylum Seekers ◽  
Refugee Status ◽  
The Rule Of Law ◽  
Refugee Protection ◽  
Refugee Law ◽  
The Supreme Court ◽  
The Status ◽  
International Refugee Law

Abstract This article examines the state of Canadian refugee law since the decision of the Supreme Court in Febles v Canada (Citizenship and Immigration) [2014] 3 SCR 431. Drawing upon an analysis of a set of decisions of the Immigration and Refugee Board, the administrative tribunal tasked with refugee status determination in Canada, the article seeks to determine whether administrative decision makers are heeding the guidance of Febles when excluding asylum seekers from refugee protection on the basis of serious criminality pursuant to article 1F(b) of the 1951 Convention relating to the Status of Refugees. In doing so, it examines the controversy around article 1F(b) since its inception across various jurisdictions and amongst academic commentators, situating Febles within that controversy in order to demonstrate that the Supreme Court’s reluctance to clearly set out the purpose underlying article 1F(b) is in step with a longstanding tendency to understand the provision as serving a gatekeeping function, that prevents criminalized non-citizens from obtaining membership in our society. It argues that by omitting to set out a clear and principled standard by which asylum seekers can be excluded from refugee protection pursuant to article 1F(b), the Supreme Court failed to live up to a thick understanding of the rule of law. It concludes by calling for a reassertion of the rule of law into exclusion decision making, both nationally and internationally, in order to ensure that the legitimacy of the international refugee law regime is maintained.

An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study

2021 ◽  
Vol 8 (2) ◽  
pp. 63-73
Author(s):  
Muneer Abduroaf
Keyword(s):  
South African ◽  
Islamic Law ◽  
Legal Framework ◽  
Adopted Children ◽  
The South ◽  
Legal Context ◽  
Muslim Children ◽  
The Status ◽  
The Right ◽  
Law Of Succession

This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic law is looked at first by way of an introduction. This is followed by looking at the rights of adopted Muslim children to inherit from their deceased parents (biological and adoptive) in terms of the South African and Islamic laws of intestate (compulsory) and then testate (optional) succession.1 The paper further looks at the possibility of applying relevant Islamic law of succession provisions applicable to enable adopted Muslim children to inherit from the estate of their deceased biological parents within the South African legal framework. The paper concludes with an analysis of the findings and makes a recommendation.

Part II Sources, Ch.11 Moving Towards an Integrated Approach of Refugee Law and Human Rights Law

2021 ◽  
Author(s):  
Chetail Vincent
Keyword(s):  
Human Rights ◽  
International Law ◽  
Integrated Approach ◽  
Human Rights Law ◽  
Refugee Convention ◽  
Refugee Protection ◽  
Refugee Law ◽  
Gradual Process ◽  
New Perspective ◽  
Human Rights Based Approach

This chapter highlights the interface between human rights law and refugee law. The broader evolution of international law reflects the changing pattern of refugee protection as initially grounded in the Refugee Convention and subsequently informed by human rights treaties. As a result of a gradual process of pollination, human rights law has shaped, updated, and enlarged refugee law. While revamping the basic tenets of the Refugee Convention, it has become the normative frame of reference. Refugee law and human rights law are now so interdependent that they are bound to work in tandem. Their intermingling paves the way for a human rights-based approach to refugee protection. Instead of regarding the two branches of international law as silos, this new perspective offers a broader vision of refugee protection. This comprehensive design acknowledges that refugee law and human rights law complement and reinforce each other within one single continuum of protection.

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