Migration and human rights: The law as a reinforcer of gendered borders

2019 ◽  
Vol 37 (4) ◽  
pp. 282-287
Author(s):  
Eva Brems ◽  
Lourdes Peroni ◽  
Ellen Desmet

Borders follow migrants even inside the territory of their State of destination. These ‘sticky’ figurative borders may flow directly from immigration norms and practice or indirectly from other areas of law. This Special Issue focuses on the gendered nature of these borders, as they rely on/reinforce socially constructed norms of masculinity and femininity. As a result, these figurative borders undermine the equal enjoyment of human rights of migrants, refugees and asylum seekers along gender lines. Specifically, gendered borders are analysed in relation to the themes of asylum, domestic labour and gender-based violence. The human rights of migrants, refugees and asylum seekers in these domains are analysed in an integrated and complex fashion. The analysis demonstrates that migrants, refugees and asylum seekers navigate and challenge not only sticky figurative borders, but also borders between different areas of law. The (non)interaction between these different areas of law may equally create or reinforce unequal human rights protection along gender lines. The law, across different areas and through the workings of diverse categories, definitions and standards, may thus work as a border-reinforcer.

2020 ◽  
Vol 7 (2) ◽  
pp. 32-46
Author(s):  
Yetimwork Anteneh Wondim

Irrespective of their contribution, women in Ethiopia have been facing issues like violence, gender-based discrimination, access to education and training, lack of basic human rights protection, and others. Girls' enrollment in education at all levels is much lower than boys. Female education is hampered mainly by the sexual division of labor, which confines girls to household activities. In addition, women have been suffering from gender-based violence under the guise of tradition and culture but condoned by society. In response to these problems, the Government of Ethiopia adopted relevant instruments pertaining to gender including the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), The Beijing Platform for Action, The Ethiopian Constitution, and various other policies and establishing the national machinery for addressing gender issues. However, several challenges still exist in the realization of women's rights. Therefore, all the respect and protection given for human rights should also be given to women because women's rights are human rights.


Author(s):  
Masrur Mahmud Khan ◽  
Samwat Naiear Ahona ◽  
Subiggo Chakma

Despite the presence of UN peace operations for more than two decades, the human rights situation in the Democratic Republic of the Congo is still dire. This article illustrates the types of violations of human rights and hindrances to protect human rights in MONUSCO. Methodologically being a qualitative study, it is based on existing literature and key informant interviews. Killings of civilians, sexual and gender-based violence, child soldiers, war crimes and crimes against humanity are major types of human rights violations in the Democratic Republic of Congo. The study argues that due to structural challenges, like the bureaucratic structure of MONUSCO, inadequacy of budget and juristic limitation of the Peacekeeping Force, and operational challenges, like challenges in the protection of civilians and UN personnel, the paucity of logistics and manpower and also gender-based violence by some UN personnel and peacekeepers in MONUSCO, the UN forces failed to maintain and defend human rights properly.


2020 ◽  
Vol 16 (4) ◽  
pp. 389-414
Author(s):  
Helen Jane Liebling ◽  
Hazel Rose Barrett ◽  
Lillian Artz

Purpose This British Academy/Leverhulme-funded research (Grant number: SG170394) investigated the experiences and impact of sexual and gender-based violence (SGBV) and torture on South Sudanese refugees’ health and rights and the responses of health and justice services in Northern Uganda. Design/methodology/approach It involved thematic analysis of the narratives of 20 men and 41 women refugees’ survivors of SGBV and torture; this included their experiences in South Sudan, their journeys to Uganda and experiences in refugee settlements. In total, 37 key stakeholders including health and justice providers, police, non-government and government organisations were also interviewed regarding their experiences of providing services to refugees. Findings All refugees had survived human rights abuses carried out in South Sudan, on route to Uganda and within Uganda. Incidents of violence, SGBV, torture and other human rights abuses declined significantly for men in Uganda, but women reported SGBV incidents. The research demonstrates linkages between the physical, psychological, social/cultural and justice/human rights impact on women and men refugees, which amplified the impact of their experiences. There was limited screening, physical and psychological health and support services; including livelihoods and education. Refugees remained concerned about violence and SGBV in the refugee settlements. While they all knew of the reporting system for such incidents, they questioned the effectiveness of the process. For this reason, women opted for family reconciliation rather than reporting domestic violence or SGBV to the authorities. Men found it hard to report incidences due to high levels of stigma and shame. Research limitations/implications Refugees largely fled South Sudan to escape human rights abuses including, persecution, SGBV and torture. Their experiences resulted in physical, psychological, social-cultural and justice effects that received limited responses by health and justice services. An integrated approach to meeting refugees’ needs is required. Practical implications The authors make recommendations for integrated gender sensitive service provision for refugees including more systematic screening, assessment and treatment of SGBV and torture physical and emotional injuries combined with implementation of livelihoods and social enterprises. Social implications The research demonstrates that stigma and shame, particularly for male refugee survivors of SGBV and torture, impacts on ability to report these incidents and seek treatment. Increasing gender sensitivity of services to these issues, alongside provision of medical treatment for injuries, alongside improved informal justice processes, may assist to counteract shame and increase disclosure. Originality/value There is currently a lack of empirical investigation of this subject area, therefore this research makes a contribution to the subject of understanding refugees’ experiences of SGBV and torture, as well as their perceptions of service provision and response. This subject is strategically important due to the pressing need to develop integrated, gendered and culturally sensitive services that listen to the voices and draw on the expertise of refugees themselves while using their skills to inform improvements in service responses and policy.


2018 ◽  
Vol 112 ◽  
pp. 83-84
Author(s):  
Alice M. Miller

Human rights advocacy today engages with criminal law at international and national levels with a new and rather conflicted posture. It is reorienting from an approach that primarily treated human rights as a shield from (unjust) prosecutorial and carceral power, and toward one calling for criminal penalties and vigorous prosecutions as a remedy for harms. The human rights abuses for which state prosecution is invoked today include not only past and present state violations, such as torture, but crimes by non-state actors, such as sexual and gender-based violence. At the same time, paradoxically, many rights groups are calling for the review and reduction of criminal regulation of a range of sexual and reproductive health practices, including abortion, consensual sexual conduct outside of marriage (same sex, heterosexual, and sex for money), and HIV transmission.


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.


2021 ◽  
pp. 101053952110143
Author(s):  
Sonia Mukhtar ◽  
Shamim Mukhtar ◽  
Waleed Rana

This article explores the development and implementation of inclusive COVID-19 (corona disease 2019) Feminist Framework (CFF) on the equitability of response for researchers, health care advocates, and public health policymakers at international platforms. Mechanism of CFF entails the process to address and mitigate the institutional inequities, violation of human rights, public health, and race/sex/gender-based violence amid COVID-19. This framework is about institutional building, raising consciousness, ensuring freedom, collective liberation, bodily autonomy, equality, and giving women, children, BIPOC, LGBTQIA+, and racial- and gender-diverse people the freedom to make choices to promote a sense of greater control over their own lives.


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