L’incidenza del fattore religioso sul riconoscimento della protezione internazionale (The Influence of the Religious Factor on the Recognition of International Protection for Asylum Seekers)

2018 ◽  
Author(s):  
Alessia Tranfo
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.


Author(s):  
Bojana Čučković

The paper analyses the influence that the Covid-19 pandemic has had on the functioning of the European asylum system. The analysis is divided into three parts and addresses problematic issues associated with different stages of the pandemic. In the first part of the paper, the author outlines the asylum practices of EU Member States in the initial stage of the Covid-19 pandemic during which the pandemic was perceived as a state of emergency. By exploring the legal possibilities to derogate both from the EU asylum rules and international human rights standards, the author offers conclusions as regards limits of derogations and the legality of Member States’ practices, especially their failure to differentiate between rules that are susceptive of being derogated in emergency situations and those that are not. The second part of the paper analyses the current phase of the pandemic in which it is perceived as a 'new normal' and focuses on making the EU asylum system immune to Covid-19 influence to the greatest extent possible and in line with relevant EU and human rights rules. The author insists on the vulnerability as an inherent feature of persons in need of international protection and researches upon the relationship between the two competing interests involved – protection of asylum seekers and ensuring public health as a legitimate reason for restricting certain asylum seekers’ rights. The final part of the paper analyses the prospects of the future EU asylum system, as announced by the New Pact on Migration and Asylum in September 2020, to adapt to the exigencies of both the current Covid-19 crisis and pandemics that are yet to come. With an exclusive focus on referral to Covid-19 and provisions relevant for the current and future pandemics, the author criticizes several solutions included in the instruments that make up the Pact. It is concluded that the Pact failed to offer solutions for problems experienced during the Covid-19 pandemic and that, under the pretext of public health, it prioritizes the interests of Member States over the interests of applicants for international protection.


Author(s):  
Juan Ruiz Herrero

La diversidad en todos los planos constituye el rasgo más destacable de las aulas de español como segunda lengua que se imparten dentro del programa estatal de Protección Internacional, dirigido a solicitantes de asilo. La presente contribución propone una reflexión acerca de cuatro puntos relacionados, a saber, la existencia de diferentes conocimientos del mundo, la importancia de la dimensión intercultural, el trabajo con personas que presentan grados variables de exposición previa a realidades académicas y la disparidad de ritmos y horizontes de desarrollo.   Diversity in a whole array of levels appears as the main feature of the classsroom of Spanish as a second language within the framework of the national program of International Protection, which is intended for asylum seekers in Spain. The present article offers a reflexion on four points related to said diversity, namely, the existence of different knowledges of the world, the importance of intercultural dimension, the work with students which present contrasting degrees of previous exposition to academic realities and learning ryhthms and development disparity.   diversidad    interculturalidad     asilo    migraciones 


Author(s):  
Khalid Koser

Asylum-seekers are those who have applied for international protection. Asylum status is still governed by the 1951 United Nations Convention relating to the Status of Refugees. ‘Refugees and asylum-seekers’ explains the changing geography of refugees and the causes and consequences of refugee movements. Refugees tend not to travel very far, putting strain on the poorest countries, and mostly settle in camps, which suffer from aid misappropriation. There are three durable solutions for refugees: voluntary repatriation, local integration, and third-country settlement. Each can be problematic and none is working well at the moment, as demonstrated by rising numbers of refugees, the increasing proportion of protracted refugee situations, and fewer returns.


2020 ◽  
Vol 21 (6) ◽  
pp. 1180-1197
Author(s):  
Georgios Anagnostaras

AbstractThe Common European Asylum System constitutes one of the principal areas in which the fundamental rights of individuals are essentially placed in competition with the core principle of mutual confidence and the need to preserve the effectiveness of EU law. That competitive relationship becomes particularly evident when applicants for international protection rely on alleged violations of their fundamental rights in order to contest their transfer to the Member State that is normally responsible for examining their asylum request according to the criteria of the Dublin III Regulation. The balancing process that needs to be carried out in this respect and the measure of the monitoring obligation that EU law imposes on the receiving Member State regarding the protection of the fundamental rights of asylum seekers are well exemplified by the preliminary ruling in Jawo. That case provides additional clarification regarding the circumstances in which the protection of fundamental rights may introduce exceptions to the principle of mutual trust. At the same time, it illustrates the inherent tensions that exist between the protection of fundamental rights and the application of the principle of mutual confidence.


2015 ◽  
Vol 17 (4) ◽  
pp. 305-328 ◽  
Author(s):  
Jari Pirjola

The purpose of this article is to discuss return flights in the context of international human rights standards. What are the standards that have so far been developed by international organisations and the international monitoring bodies and how these standards have been applied in practice during return flights? Besides evolving standards, the paper discusses unclarities that need to be addressed to increase the human rights compliancy of return flights. The article also address the major shortcoming in the monitoring of the process of returning migrants and rejected asylum seekers to their home countries, namely post-return monitoring. It is argued that new opportunities that modern technology offers have not been exploited to increase the international protection of returning migrants. Post-return monitoring could increase the transparency, dignity and human rights compliance of return operations. The views expressed in this article are solely those of the author.


Author(s):  
Cristina Toledo Báez ◽  
Claire Alexandra Conrad

Abstract The aim of our study is to examine the legal and administrative English used in the informational pamphlet the Spanish Ministry for Home Affairs created to explain Law 12/2009 to international protection applicants. To do so, a linguistic revision of the translated pamphlet was carried out in order to identify the linguistic and discursive elements which make comprehension difficult. Then, using translation techniques developed by Molina and Hurtado Albir (2002), an intralinguistic translation was proposed with the goal of rewriting the text in easily-understandable English. Additionally, errors were classified and corrected in accordance with Toledo Báez’s (2010, 2015) analytical assessment scale and the pamphlet’s design was updated. Lastly, the readability of both the original and simplified translations was evaluated using the Flesch Reading Ease Formula.


2020 ◽  
Vol 21 (1) ◽  
pp. 34-51
Author(s):  
Maeve Foreman ◽  
Muireann Ní Raghallaigh

Abstract: Asylum seekers are often considered by researchers to be ‘hidden’ or ‘hard to reach’. Yet, issues that impact on them are relevant to social work and its social justice remit. This paper presents research conducted with former asylum seekers to explore their experience of transitioning from ‘Direct Provision’ accommodation into the wider community following the granting of international protection. Ireland’s strategy for integration effectively excludes asylum seekers. They have limited access to work or education and are deprived of supports provided to programme refugees. Using a community-based participatory research methodology, the study illuminates challenges encountered transitioning out of the asylum system and charts the benefits of utilising a collaborative approach to access participants, to facilitate their engagement and to ensure that the research had an impact. It suggests that a partnership approach to research with hidden populations can raise awareness and influence positive social change.


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