scholarly journals The Story of Yaser Abdulla

Author(s):  
Mya Guarnieri Jaradat

The 33,000 African asylum seekers currently residing in Israel face a lack of legal status and receive no services from the state. The entire population is under pressure but those who have faced torture in the Sinai desert en route to Israel struggle with additional problems and have nowhere to turn for help. The story of Yaser Abdulla – an asylum seeker from Darfur who was tortured by Bedouin traffickers in the Sinai – illuminates the circumstances that pushed asylum seekers from their home, what they encounter on their way, and the situation they grapple with inside of Israel.

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Nina Sivunen ◽  
Elina Tapio

AbstractIn this paper we explore the use of multimodal and multilingual semiotic resources in interactions between two deaf signing participants, a researcher and an asylum seeker. The focus is on the use of gaze and environmentally coupled gestures. Drawing on multimodal analysis and linguistic ethnography, we demonstrate how gaze and environmentally coupled gestures are effective semiotic resources for reaching mutual understanding. The study provides insight into the challenges and opportunities (deaf) asylum seekers, researchers, and employees of reception centres or the state may encounter because of the asymmetrical language competencies. Our concern is that such asymmetrical situations may be created and maintained by ignoring visual and embodied resources in interaction and, in the case of deaf asylum seekers, by unrealistic expectations towards conventionalized forms of international sign.


2019 ◽  
Vol 65 (2) ◽  
pp. 238-248
Author(s):  
Tetiana Drakokhrust

Migration processes revolving around the unsolved situation of Ukraine’s Eastern Donbas Region raise various legal questions and difficulties in the context regulation and recognition as well. This article sheds light on the political and legal status and the process of formation of unrecognized quasi-governmental entities, the issuance of passport and official documents, and migration instability. The article concludes that by seeking a forced secession of a separate territory from the mother country, separatism takes the entire population of the state as hostages, causing a critical migration situation within the sovereign state


Author(s):  
Muzyka Iryna

In modern legal science, the anthropological approach that makes it possible to investigate, in particular, the orientation of the right to the human problem in law becomes of great relevance. In the perspective of legal anthropology, an important issue is the status of a person in the state mechanism (the place of the person in the hierarchy of values, the scope and guarantees of his rights and freedoms, the duties of the person) within the relation of state-centrism and anthropocentrism in the normative acts of the UkrSSR authorities of the post-war period. The draft Constitution of the UkrSSR in 1964 provided for a change in the legal status of the inpidual in the UkrSSR. For the first time in the history of "Soviet constitutional law" the concept of "freedom of the inpidual" was introduced, the whole complex of citizens' rights was revised, some new categories of rights were introduced, such as the supreme and fundamental human rights, the mechanism of their guarantees by society and the state was first laid. It was envisaged to consolidate various forms of direct exercise of political power by citizens, to create new forms of influence of citizens on the state power in general. Thus, in the early 1960s, the Soviet state had the potential to change qualitatively if the new UkrSSR Constitution was adopted. Therefore, the dismissal of MS Khrushchev from the duties of the First Secretary of the CPSU Central Committee and the Chairman of the Council of Ministers of the USSR appears to be conditioned, including, by the radical significance of the Constitutional project, which has never been adopted. It is possible to draw the following conclusion: in the period under study in the UkrSSR (as well as the USSR), the center of legal reality was not the person, but the norms of legal prescriptions of the state, formulated on the basis of political and ideological doctrine developed by the leadership of the CPSU – Communist Party. It is possible to characterize the status of a person under the legislation of 1950–1960 as a result of the implementation in the normative acts of political and ideological guidelines of the leadership of the CPSU – CPU. According to the communist ideology of that time, the life of society was regarded as the existence of the entire population of inpiduals, masses of people, and therefore the decisive role in the life of society belongs not to inpidual inpiduals, but to their entire population. This meant a significant overriding of the "necessary" relative to the "freedom" of man, that is, the interests of party-state leadership, collective interests over the interests of the inpidual; the non-recognition of the inpidual sovereignty of a person who was largely considered part of the collective subject – the "masses"; lack of reconciliation of interests of inpiduals and the state, which in many cases gave rise to conflict situations.


Refuge ◽  
2013 ◽  
Vol 29 (1) ◽  
pp. 121-129
Author(s):  
Silas W. Allard

The narrative that grounds the asylum policy of the United States portrays asylum seekers as passive objects of external forces. This narrative emerges from the complex interplay of exceptionality and victimization that characterizes the legal status and popular perception of the refugee. It is then read back onto the asylum seeker through a supereroga- tory asylum policy that is unable to recognize the moral demand made by the asylum seeker. The project this essay is drawn from seeks to challenge the policy of asylum as charity by interrogating alternative narratives grounded in the Hebrew Bible story of the Exodus and the Qu’ranic story of the Hijra. In these narratives, flight from oppression is portrayed as an act of moral agency, and the asylum seeker’s capacity as Other to make a moral demand on the Self emerges. Thus, I argue that an asylum policy informed by these alternative narratives needs must question its supererogatory assumptions.


2019 ◽  
Vol 10 (2) ◽  
pp. 315-329
Author(s):  
Sabine Zimmermann

Postmigrant conditions do not translate into easy access for migrants who arrive outside of the parameters of orderly migration. While European nations acknowledge the principle of asylum, massive efforts are made to prevent refugees from reaching the territory of the state where they could receive its protection. Even as their physical proximity to Europe increases, their legal proximity typically decreases. The novel Gehen, ging, gegangen (Go, Went, Gone) by German writer Jenny Erpenbeck depicts the experiences of non-privileged migrants whose tales of exile and displacement indicate that most of them will not be recognized as refugees. The play Die Schutzbefohlenen (Charges [The Supplicants]) by Austrian writer Elfriede Jelinek contrasts the treatment of asylum seekers with real-life cases of two ‘VIP foreigners’ who were granted naturalization by the Austrian government. Both texts convey a blunt message: The narratives of those who do (and those who do not) arrive in Europe’s ‘postmigrant societies’ without legal status confirm that the gap between privileged and non-privileged migration is almost impossible to bridge.


2013 ◽  
Vol 62 (1) ◽  
pp. 67-84
Author(s):  
Anna Trembecka

Abstract Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings.


Contexts ◽  
2021 ◽  
Vol 20 (1) ◽  
pp. 21-25
Author(s):  
Maryann Bylander

In the Southeast Asian context, legal status is ambiguous; it enlarges some risks while lessening others. As is true in many contexts across the Global South, while documentation clearly serves the interest of the state by offering them greater control over migrant bodies, it is less clear that it serves the goals, needs, and well-being of migrants.


Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law


Author(s):  
Vladislav Topilin ◽  
Roman Fedorov

The article is devoted to the problems of the legal status of the prosecutor’s office in the system of separation of powers. In the study, the author uses grammatical (philological, linguistic) logical, systematic and other methods of scientific knowledge. The author proposes to separate the prosecutor’s office into a separate (supervisory) branch of government, which will not belong to either the executive branch or the judicial branch, as a result of which the state will receive an independent state structure that will be able to exercise its supervisory functions independently of anyone, which will allow for better and faster suppression of possible violations by any branch of government, as well as improve the work of the state apparatus as a whole.


2021 ◽  
pp. 56-62
Author(s):  
Valeriia Golub

Problem setting. One of the important factors that play a key role in the observance of human rights and freedoms, including such categories of foreign citizens and stateless persons as refugees in case of administrative prosecution - is the functioning of state institutions to guarantee these rights, the use of all. The decisive place in this problem belongs to the activities of the state of Ukraine, which in connection with the formation of social relations related to the stay of refugees on its territory, protection of this category of persons from political persecution , should ensure the adoption of relevant legal acts aimed primarily at the protection of rights and freedoms. administrative penalty. As a result, there are real risks of violating the rights and freedoms of the person to whom these penalties apply. Analysis of recent researches and publications. Problems of protection of rights and freedoms of refugees in case of bringing them to administrative responsibility were devoted to the work of such scientists as: V. Averyanov, O. Bandurka, O. Bezpalova, Yu. Bityak, O. Dzhafarova, A. Komzyuk, V. Komzyuk, D. Lukyanets, O. Muzychuk, D. Priymachenko, O.S. Pronevich ect. The purpose of the article is to investigate and analyze the importance of ensuring the rights of refugees in case of bringing them to administrative responsibility, to consider this issue as one of the guarantees of legal status of refugees in Ukraine. Article’s main body. The article considers the issue of observance of the rights and freedoms of this category of foreign citizens and stateless persons as refugees in case of committing offenses and bringing them to administrative responsibility. The issue of ensuring both international legal acts approved by the Verkhovna Rada of Ukraine and legal documents on behalf of the state of Ukraine gives grounds to believe that in case of involvement of this category of persons (if they are in Ukraine legally) to administrative responsibility, they have the same rights as citizens of Ukraine. Conclusions. The peculiarities of the relevant provisions of the administrative legislation of Ukraine on the peculiarities of bringing foreign citizens and stateless persons, including refugees to administrative responsibility, are analyzed. The significance of the ratio of observance of the rights and freedoms of refugees in case of bringing to administrative responsibility and necessity of non-alternative fulfillment of requirements of legal norms of the current administrative legislation of Ukraine is determined.


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