scholarly journals A LEI DE MIGRAÇÃO COMO RESPOSTA AOS FLUXOS MIGRATÓRIOS NO BRASIL

2019 ◽  
Vol 4 (57) ◽  
pp. 355
Author(s):  
Vladmir Oliveira da SILVEIRA ◽  
Antônio Hilário Aguilera URQUIZA ◽  
Ana Carolina dos SANTOS
Keyword(s):  
Historical Review ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Place Of Birth ◽  
Deductive Method ◽  
Place Of Origin ◽  
The Subject ◽  
First World ◽  
Migration Law ◽  
Legal Condition

RESUMOObjetivo: O objetivo deste estudo é analisar a superação do Estatuto do Estrangeiro de 1980 e a entrada em vigor da Lei de Migração de 2017, como resposta ao aumento dos fluxos migratórios no Brasil, bem como os impactos que a mencionada Lei pode causar futuramente.Metodologia: Metodologicamente, a análise dá-se por meio do estudo do diploma legal supracitado, relacionando sua eficácia diante dos novos desafios migratórios e sua resultante substituição por um código mais moderno e alinhado aos tempos. Por  tratar-se de um estudo descritivo e exploratório, utiliza-se o método dedutivo, bem como a revisão bibliográfica e histórica dos temas em questão.Resultados: Conclui-se que a Lei de Migração brasileira adveio para ultrapassar a diferenciação entre nacional e não nacional, valorizando a dignidade humana e a proteção à vida frente ao local de nascimento ou local de origem. A evolução entre a legislação antiga e o novo diploma legal é notável, considerando-se que o novo instrumento normativo confere direitos que o Estatuto do Estrangeiro de 1980 jamais concederia, afirmando a posição do Brasil no panorama das migrações como um Estado que está atento à realidade, mesmo sem ter o poder econômico que os Estados ditos de primeiro mundo possuem.Contribuições: A principal contribuição deste estudo é demonstrar, por meio da comparação entre os diferentes diplomas legais e a realidade, a renovada eficácia do novo diploma legal, que trata mais adequadamente das questões migratórias por intermédio de um embasamento que valoriza os direitos fundamentais.PALAVRAS-CHAVE: Condição jurídica do estrangeiro; lei de migração; direito internacional dos direitos humanos; estatuto do estrangeiro; cidadania. ABSTRACTObjective: To analyze the overcoming of the Foreigner Statute of 1980 and the entry into force of the Migration Law of 2017, as a response to the increase of migratory flows in Brazil, as well as impacts that it may cause in the future.Methodology: Methodologically, the analysis takes place through the study of the aforementioned law, relating its effectiveness in view of the new migratory challenges and its resulting replacement by a more modern and time-aligned code. As it is a descriptive and exploratory study, the deductive method is used, as well as the bibliographical and historical review of the subject themes.Results: The Brazilian Migration Law was edited to overcome the differentiation between national and non-national, valuing human dignity and life protection vis-à-vis the place of birth or place of origin. The evolution between the old legislation and the new law is remarkable, considering that the new law confers rights that the Foreigner Statute of 1980 would never grant, affirming Brazil's position in the panorama of migrations as a State that is aware of the reality, even without the economic power that the so-called first-world States possess.Contributions: The main contribution of this study is to demonstrate, by comparing the different laws and reality, the renewed effectiveness of the new law, which deals more adequately with migratory issues through a background that values fundamental rights.KEYWORDS: Legal condition of foreigners; migration law; international human rights law; foreigner statute; citizenship.

Abortion and Human Rights in Central America

Janus Head ◽  
2019 ◽  
Vol 17 (1) ◽  
pp. 9-43
Author(s):  
Gabriela Arguedas-Ramirez ◽  
Keyword(s):  
Human Rights ◽  
Central America ◽  
Legal Abortion ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Political Dialogue ◽  
Democratic State ◽  
The Subject ◽  
International Human

This essay aims to show that the nations of Central America must create access to safe and legal abortion as well as promote a political dialogue on the subject that is based on reason and science, rather than religion. Not only does prohibiting abortion constitute a violation of women's human rights, but, based on international human rights law as well as the minimum duties of civil ethics, failing in to provide such access or dialogue would mean failing to meet the standards of a legitimate democratic state.

Refugee Registration as Foreclosure of the Freedom to Move: The Virtualisation of Refugees' Rights within Maps of International Protection

10.1068/d6807 ◽  
2009 ◽  
Vol 27 (2) ◽  
pp. 352-369 ◽  
Author(s):  
Mark F N Franke
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Protection ◽  
Registration System ◽  
High Commissioner ◽  
The Subject ◽  
And Performance ◽  
The Universe ◽  
Mapping Systems

The lack of solid footing in political space is what makes the human rights claims of refugees most vulnerable in the contemporary international order. However, modern international human rights law and protection are predicated on a spatialised sense of the subject of rights that is formed in opposition to and in exclusion of the refugee. The United Nations High Commissioner for Refugees (UNHCR) seeks to locate refugees as part of the universe of human rights through refugee registration exercises; it attempts to map their displacement within the geography of emplaced citizenry. Its conventional efforts in this regard fail, though, and, rather, serve to illustrate how the informal international movement of refugees still exceeds and, thus, undermines the universalism of the UN vision of human rights and freedoms. Consequently, the UNHCR has recently resorted to the highly sophisticated computerised registration technology, called proGres, under its Project Profile system. While the detail and complexity of Project Profile allow for a mapping no more capable of accurately tracing the movements of refugees within the global geography of universal human rights, the complex of digitalised mapping systems brought together within Project Profile permit the production and performance of an international space in which humanitarians may expect refugees to fit. The force of the UNHCR's new registration system is to produce a manner of spatialising refugees that can legitimate and moralise their constraint within orders of international politics and security which allow little room for response to the rights claims of refugees. Rather, their claims to human rights become foreclosed within a virtual understanding of human displacement with respect to emplacement in the state.

scholarly journals Prolonged occupation: An analysis of obligations of the occupying powers in an occupied territory and contemporary challenges

2021 ◽  
Vol 2 (1) ◽  
pp. 24-37
Author(s):  
Sardar M. A. W. K. Arif
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Occupied Territory ◽  
The Subject

The International Law of Occupation (ILOC) regulates all kinds of occupation. However, the other bodies of law, such as, International Humanitarian Law (IHL) and International Human Rights Law (IHRL) also apply in times of occupation. These bodies of law create obligations especially on states and in particular, on the occupying powers. The presumption is that occupations are temporary in nature but why prolonged occupations? In this context, this article focuses on legal aspects of belligerent prolonged occupation. It evaluates the international legal framework and sources of belligerent prolonged occupation. While protection of civilians is central to the bulk of texts of international treaties and the occupiers have obligations, it investigates into obligations of the occupying powers in occupied territory by analysing the existing legal framework under IHL and IHRL. Further, it also discusses the provisions of ILOC. The argument developed throughout this article is that the occupying powers are under humanitarian and human rights obligations to guarantee the best possible protection of rights of occupied people in the case of prolonged occupation in particular and adding on that IHL and IHRL apply in complementarity in situations of prolonged occupation. For the purpose of this article, qualitative method is followed, and existing literature on the subject has been analysed. 

International Human Rights Law

2019 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Subject ◽  
International Human ◽  
The United Nations ◽  
The Right

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; key treaties and mechanisms for monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.

scholarly journals International Law's Objects

2018 ◽  
Keyword(s):  
Material Culture ◽  
International Law ◽  
Satellite Images ◽  
Theoretical Perspective ◽  
Material Objects ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Head Of State ◽  
The Subject ◽  
Selection Of

International law’s rich existence in the world can be illuminated by its objects. International law is often developed, conveyed, and authorized through its objects and/or their representation. From the symbolic (the regalia of the head of state and the symbols of sovereignty), to the mundane (a can of dolphin-safe tuna certified as complying with international trade standards), international legal authority can be found in the objects around us. Similarly, the practice of international law often relies on material objects or their image, both as evidence (satellite images, bones of the victims of mass atrocities) and to found authority (for instance, maps and charts). This volume considers these questions: firstly what might the study of international law through objects reveal? What might objects, rather than texts, tell us about sources, recognition of states, construction of territory, law of the sea, or international human rights law? Secondly, what might this scholarly undertaking reveal about the objects - as aims or projects - of international law? How do objects reveal, or perhaps mask, these aims, and what does this tell us about the reasons some (physical or material) objects are foregrounded, and others hidden or ignored. Thirdly what objects, icons, and symbols preoccupy the profession and academy? The personal selection of these objects by leading and emerging scholars worldwide will illuminate the contemporary and historical fascinations of international lawyers. By considering international law in the context of its material culture the authors offer a new and exciting theoretical perspective on the subject.

Protection of migrants from enforced disappearance: A human rights perspective

2017 ◽  
Vol 99 (905) ◽  
pp. 569-587 ◽  
Author(s):  
Bernard Duhaime ◽  
Andréanne Thibault
Keyword(s):  
Human Rights ◽  
Analytical Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Migrant Smuggling ◽  
International Human ◽  
And Migration ◽  
Migration Law

AbstractThis article looks at the issue of enforced disappearances of migrants during their migratory journey or once they have reached their destination, a subject yet to be addressed in the literature. It examines how the legal and analytical framework provided by international human rights law and migration law applies to enforced disappearances of migrants. It then reviews the factors that contribute to this phenomenon in different contexts, including the disappearance of migrants for political reasons, those that take place in detention and deportation processes and those that take place within the context of migrant smuggling and trafficking.

Progressive Judaism beyond the Shoah

2000 ◽  
Vol 33 (2) ◽  
pp. 139-144 ◽  
Author(s):  
Thomas Buergenthal
Keyword(s):  
International Law ◽  
Academic Discipline ◽  
The United States ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Holocaust Studies ◽  
University Professor ◽  
The Subject ◽  
International Human

Thank you very much for inviting me to participate in this conference. Because the subject of your conference is so very important, I feel I need to begin with a caveat: I am not a Holocaust scholar. As a university professor, I have devoted myself to international law and international human rights law rather than Holocaust studies, which has emerged, at least in the United States, as an academic discipline all of its own.

Introduction: The Phenomenon of Foreign Fighters and Foreign Terrorist Fighters

2016 ◽  
Vol 18 (5) ◽  
pp. 377-387 ◽  
Author(s):  
Elżbieta Karska ◽  
Karol Karski
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Narrow Definition ◽  
The Subject ◽  
Definition Of ◽  
Foreign Fighters

Modern international law defines a very narrow definition of mercenarism. It does not include all aspects of this phenomenon as it was known and understood for centuries. At the same time the emergence of new forms of mercenary-related activities is observed. The terms ‘foreign fighters’ and ‘foreign terrorist fighters’ should be analysed in this context inter alia from a legal perspective. A question needs to be answered if those existing regulations relating to mercenaries can apply to these terms. It is also important to note how both mercenaries and their activities are perceived under international law. The international legal analysis of factual and legal measures undertaken by states towards foreign fighters and foreign terrorist fighters is also interesting. Frequently these activities concern not just the fighters alone but apply also to all of us. This requires us to look at them in the context of international human rights law. These issues are the subject of current works undertaken within the scope of international organisations. un Security Council adopted resolution 2170 (2014) and 2178 (2014) regarding foreign terrorist fighters. The un General Assembly and un Human Rights Council also tackle these issues. The activity of foreign fighters and foreign terrorist fighters on one side and the activities of the states in reaction to this activity on the other side are also monitored inter alia by the un Working Group on the use of mercenaries.

scholarly journals THE ROLE OF HUMAN RIGHTS IN THE PROCESS OF CONSTITUTIONALIZATION OF INTERNATIONAL LAW

2020 ◽  
Vol 25 (1) ◽  
pp. 235
Author(s):  
Angela Jank Calixto ◽  
Luciani Coimbra de Carvalho
Keyword(s):  
Human Rights ◽  
International Law ◽  
Historical Context ◽  
International Norms ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Deductive Method ◽  
International Human

This paper aims to verify how the development of International Human Rights Law demonstrates the existence of a constitutional tendency in International Law. Adopting the deductive method, it analyzes the main doctrines that recognize the possibility of International Law assuming constitutional characteristics, the historical context that led to the emergence of these ideas, and the advances brought by the IHRL. It was verified that the development of the IHRL has consolidated means of affirming the existence of a process of constitutionalization, giving greater legitimacy and force to the international norms intended to protect individuals.

International Human Rights Law

2018 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Subject ◽  
International Human ◽  
The United Nations ◽  
The Right

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the International Bill of Human Rights; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.

Sign in / Sign up

Export Citation Format

Share Document