scholarly journals Racial Discrimination and Nationality and Migration Exceptions: Reconciling CERD and the Race Equality Directive

2021 ◽  
pp. 092405192110556
Author(s):  
David Fennelly ◽  
Clíodhna Murphy
Keyword(s):  
Racial Discrimination ◽  
Migration Status ◽  
Race Discrimination ◽  
The Core ◽  
And Migration ◽  
Legal Frameworks ◽  
Domestic Level

The principles of equality and non-discrimination offer potentially valuable tools to challenge discriminatory practices employed by States against non-citizens. However, nationality and immigration-related exceptions are an established feature of non-discrimination laws. Such exceptions raise fundamental questions about the scope of the protection offered by anti-discrimination laws and have the potential to perpetuate, rather than eliminate, race discrimination. This article addresses this critical but often neglected issue, through a doctrinal analysis of two specific exceptions - Articles 1(2) and 1(3) of the UN Convention on the Elimination of All Forms of Racial Discrimination and Article 3(2) of the EU's Race Equality Directive - and an examination of their impact in practice at the domestic level. We argue that nationality and migration status exceptions must be interpreted as narrowly as possible, in line with the core purpose of these instruments to eliminate race discrimination. Furthermore, we suggest that the interplay between these legal frameworks at the domestic level of implementation takes on particular importance in defining the scope and limits of nationality and migration-based exceptions.

Conclusion

2007 ◽  
Author(s):  
Michael B. Miller
Keyword(s):  
Immigration Policy ◽  
Migration Patterns ◽  
The Core ◽  
Mass Migration ◽  
And Migration

This final chapter offers a conclusion to the overall findings of the journal. It summarises the core factors of mass migration: migration patterns and networks; the role of governments and immigration policy; the importance of steamship emigration agents; the business of migration; and the shifting role of ports and port infrastructures. It concludes by suggesting that maritime and migration historians can further their studies by expanding and exploring one another’s territories.

Part III Organs Monitoring Treaty Compliance, 9 The Committee on the Elimination of Racial Discrimination (CERD)

2020 ◽  
Author(s):  
Thornberry Patrick
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Hate Speech ◽  
General Assembly ◽  
International Convention ◽  
The Core ◽  
Treaty Compliance ◽  
Un General Assembly

This chapter studies the Committee on the Elimination of Racial Discrimination (CERD), the oldest of the monitoring bodies of the UN ‘core’ treaties. Preceded by a Declaration on the Elimination of All Forms of Racial Discrimination in 1963, the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) was adopted by the UN General Assembly on 21 December 1965 and entered into force on 4 January 1969. CERD oversees the implementation of the Convention. The chapter evaluates how CERD has worked to deliver its mandate, where it has innovated, and where it has been able to draw upon the wider human rights acquis to ground its positions, and where it may have struggled to deliver. It focuses on a number of issues around the core principles: discrimination and the grounds thereof; special measures; segregation; and the problem of addressing hate speech.

Retreat from multiculturalism: community cohesion, civic integration and the disciplinary politics of gender

2013 ◽  
Vol 9 (3) ◽  
pp. 411-428 ◽  
Author(s):  
Siobhán Mullally
Keyword(s):  
Gender Inequality ◽  
Nation State ◽  
The European Union ◽  
Special Issue ◽  
Migration Status ◽  
Religious Women ◽  
Civic Integration ◽  
Recent Developments ◽  
And Migration ◽  
The Uk

AbstractThe intersections of gender, religion and migration status have attracted only limited commentary to date. The significance of migration status as a marker of gender inequality, and one that further increases the burden of intersecting axes of discrimination, requires further scrutiny. This article examines the rise of civic integration requirements within the European Union and the significance of this rise for religious freedoms and complex ideals of gender equality. Particular attention is given to recent developments in the UK and France in the context of wider debates on immigration and integration policies. Against the background of diminishing sovereignty and the expansion of rights to non-citizens, states are rethinking the significance of citizenship and migration status and the criteria to be applied in determining membership and access to the nation-state. The adoption in France of the Charte des Droits et des Devoirs du Citoyen Français marks a further step in the expansion of integration conditions imposed by states, and signals a continuing willingness to deploy juridical forms to enforce such conditions. Of particular concern to this Special Issue are the implications of civic integration requirements for migrant religious women and for feminist engagement with migration laws and the discourse of rights.

scholarly journals The United Kingdom Thyroid Multi-Disciplinary Team; a National Survey of Services and Comparison to Guidelines.

2021 ◽  
Author(s):  
Anya Selwyn ◽  
Jeremy Davis ◽  
Robert Hone
Keyword(s):  
Nuclear Medicine ◽  
Minimum Frequency ◽  
The Core ◽  
The United Kingdom ◽  
Key Points ◽  
Form Part ◽  
Current Guidance ◽  
Legal Frameworks ◽  
Cancer Networks ◽  
Multi Disciplinary Team

Key Points: 1. We have identified ambiguity in the current guidance on thyroid MDT’s, and have also found nationwide variation in compliance with this. 2. We recommend: a. All surgeons undertaking thyroid surgery should complete a minimum of 20 thyroid procedures per year, and this should also form part of surgeons’ annual appraisal. b. All surgeons should contribute data to UKRETS (unless prevented by local legal frameworks) and this should form part of surgeons’ annual appraisal and be audited by individual MDT’s and regional cancer networks. c. Thyroid MDT’s should be held weekly where possible, with a minimum frequency of fortnightly. d. The core membership of a thyroid MDT (stand alone and joint) should include thyroid surgeons, specialist radiology, endocrinology, nuclear medicine, nurse specialists, histopathology +/- cytology and clinical oncology.

scholarly journals BUILDING INTERNATIONAL APPROACHES TO CLIMATE CHANGE, DISASTERS, AND DISPLACEMENT

2017 ◽  
Vol 33 (2) ◽  
pp. 1
Author(s):  
Jane McAdam
Keyword(s):  
Climate Change ◽  
International Law ◽  
Disaster Risk ◽  
International Borders ◽  
De Se ◽  
Droit International ◽  
Complementary Set ◽  
And Migration ◽  
Legal Frameworks ◽  
Changements Climatiques

On average, one person is displaced each second by a disaster-related hazard.  Most people move within their own countries, but some are forced across international borders. This article outlines the scope of existing international legal frameworks to assist people displaced in the context of disasters and climate change, and suggests a variety of different tools that are required to address the phenomenon. Legal, policy, technical and scientific interventions, including disaster risk reduction, climate change adaptation and mitigation, development, and migration opportunities, will determine whether, and for how long, people can remain in their homes, and whether doing so enables them to lead dignified lives or exposes them to risks and increased vulnerability. Identifying the need for a broad, complementary set of policy strategies necessarily affects how international law should be progressively developed in this area. En moyenne, une personne est déplacée à chaque seconde en raison d’un danger lié à une catastrophe. La plupart d’entre elles sont déplacées à l’intérieur de leur pays mais certaines sont obligées de se rendre à l’étranger. Dans cet article, l’auteure décrit dans les grandes lignes la portée des cadres juridiques internationaux existants qui aident les personnes déplacées en raison de catastrophes, climatiques notamment, et propose différents outils qui sont nécessaires pour répondre à ce phénomène. Les interventions juridiques, politiques, techniques et scientifiques, notamment la réduction des risques de catastrophe, les mesures d’adaptation aux changements climatiques et d’atténuation, le développement et les possibilités migratoires, déterminent si les gens peuvent rester chez eux et pendant combien de temps et si le fait de rester chez eux leur permet de vivre dans la dignité ou les expose à des dangers et accroît leur vulnérabilité. L’établissement de la nécessité de stratégies d’action vastes et complémentaires a forcément un effet sur le sens dans lequel on devrait faire évoluer progressivement le droit international dans ce domaine.

scholarly journals Taking an intersectional approach to define latent classes of socioeconomic status, ethnicity and migration status for psychiatric epidemiological research

2017 ◽  
Vol 27 (6) ◽  
pp. 589-600 ◽  
Author(s):  
L. Goodwin ◽  
B. Gazard ◽  
L. Aschan ◽  
S. MacCrimmon ◽  
M. Hotopf ◽  
...  
Keyword(s):  
Mental Health ◽  
Socioeconomic Status ◽  
Social Identity ◽  
Latent Class ◽  
Common Mental Disorder ◽  
Health Study ◽  
Migration Status ◽  
Multiple Indicators ◽  
Multiple Indicator ◽  
And Migration

Aims.Inequalities in mental health are well documented using individual social statuses such as socioeconomic status (SES), ethnicity and migration status. However, few studies have taken an intersectional approach to investigate inequalities in mental health using latent class analysis (LCA). This study will examine the association between multiple indicator classes of social identity with common mental disorder (CMD).Methods.Data on CMD symptoms were assessed in a diverse inner London sample of 1052 participants in the second wave of the South East London Community Health study. LCA was used to define classes of social identity using multiple indicators of SES, ethnicity and migration status. Adjusted associations between CMD and both individual indicators and multiple indicators of social identity are presented.Results.LCA identified six groups that were differentiated by varying levels of privilege and disadvantage based on multiple SES indicators. This intersectional approach highlighted nuanced differences in odds of CMD, with the economically inactive group with multiple levels of disadvantage most likely to have a CMD. Adding ethnicity and migration status further differentiated between groups. The migrant, economically inactive and White British, economically inactive classes both had increased odds of CMD.Conclusions.This is the first study to examine the intersections of SES, ethnicity and migration status with CMD using LCA. Results showed that both the migrant, economically inactive and the White British, economically inactive classes had a similarly high prevalence of CMD. Findings suggest that LCA is a useful methodology for investigating health inequalities by intersectional identities.

The experience of violence of Syrian women living in Konya: An intersectional study through the narratives of service providers

2021 ◽  
pp. 002087282110512
Author(s):  
Meliha F Afyonoğlu
Keyword(s):  
Social Workers ◽  
Service Providers ◽  
Work Life ◽  
Traditional Practices ◽  
Migration Status ◽  
Face To Face ◽  
Gender Based ◽  
And Migration ◽  
Harmful Traditional Practices ◽  
Societal Violence

This study aims to analyze Syrian women’s experience of violence from the perspective of the service providers by using intersectionality as an analytical lens. Face-to-face interviews were conducted with 13 service providers working in areas highly populated by Syrians in Konya, Turkey. Harmful traditional practices, societal violence reflected in gender-based discrimination, discrimination in work life, and inability to access to complaint mechanisms are the basic findings of the study. Revealing how the intersections and interrelatedness of class, ethnicity, culture, and migration status shape the experiences of Syrian women is expected to contribute to the implementation of anti-oppressive practices of social workers.

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