Transitioning Gender: Feminist Engagement with International Refugee Law and Policy 1950-2010

2010 ◽  
Vol 29 (2) ◽  
pp. 21-45 ◽  
Author(s):  
A. Edwards
Keyword(s):  
Refugee Law ◽  
Law And Policy ◽  
International Refugee Law

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 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 Refugee Participation Revisited: The Contributions of Refugees to Early International Refugee Law and Policy

2020 ◽  
Author(s):  
Tristan Harley
Keyword(s):  
Primary Source ◽  
Early Years ◽  
Refugee Law ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
International Refugee Law ◽  
Laws And Policies ◽  
Refugee Experience ◽  
International Status

Abstract This article challenges the assumption that until relatively recently refugees or persons with lived refugee experience have not been involved in the development of international refugee law and policy. By drawing on primary source material – including the preparatory work for international legal instruments such as the 1933 Convention relating to the International Status of Refugees and the 1951 Convention relating to the Status of Refugees, along with the operational work of the League of Nations, the International Refugee Organization and the early years of United Nations High Commissioner for Refugees – this article argues that refugees and persons with lived refugee experience exercised significant influence and thought-leadership in the development of international refugee law and policymaking during the foundational years between 1921 and 1955. These contributions to the development of international refugee law and policy are significant because they not only reorient our understanding of the ways in which international law and policy pertaining to refugees has been developed and negotiated to date, but also because they provide a practical example of how refugees can more meaningfully be included in the creation of laws and policies that affect them going forward.

EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
International Human Rights Law ◽  
Eu Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Functional Understanding ◽  
Scope Of Application ◽  
International Refugee Law ◽  
Border Controls ◽  
The Eu

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.

On the Legality Under International Law of the Criminalization or Suppression of the Expression of Solidarity to Refugees

2020 ◽  
Vol 114 ◽  
pp. 102-113
Author(s):  
Obiora Chinedu Okafor
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Legal Protection ◽  
Refugee Law ◽  
International Refugee Law

As Professor Jastram has noted, in and of itself, international refugee law is not explicit enough on the issue at hand. It is not clear enough in protecting persons who come in aid of, or show solidarity to, refugees or asylum-seekers. That does not mean, however, that no protections exist for them at all in other, if you like, sub-bodies of international law. This presentation focuses on the nature and character of those already existing international legal protections, as well as on any protection gaps that remain and recommendations on how they can be closed. It should be noted though that although the bulk of the presentation focuses on the relevant international legal protection arguments, this presentation begins with a short examination of the nature of the acts of criminalization and suppression at issue.

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