scholarly journals Türkiye’de “Daha İyi Bir Yaşam” Peşinde: Türkiye'deki Afgan Mültecilerin Durumunun İnsan Hakları Açısından Değerlendirilmesi

2020 ◽  
Vol 2020 (11) ◽  
pp. 245-274
Author(s):  
Sanaa Talwasa
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Legal Protection ◽  
European Countries ◽  
Syrian Refugees ◽  
Refugee Status ◽  
Afghan Refugees ◽  
Final Destination ◽  
Geographical Position ◽  
Practical Recommendations

Turkey hosts the vast majority, more than four million, of refugees in the world, and Afghans make up the second-largest group of this population. Turkey is considered both a transit, a gate toward European countries, and a destination country for refugees due to its geographical position. Nevertheless, the majority of asylum seekers in Turkey are Syrian who have moved into since 2011. The author claims that Turkey and international refugee supporters prefer Syrian refugees’ legal protection, which causes Afghans to suffer massive violations of basic human rights during their journey to Turkey, after arrival, and while seeking refugee status in Turkey. This paper considers current condition of Afghan asylum seekers’ international human rights in Turkey who are waiting for their final destination toward European countries. Similarly, this paper highlights the possible consequences of current strategies’ application on Afghan refugees’ human rights conditions based on UNHCR's most recent system. The author includes practical recommendations and suggestions for international society as well as Turkey to enhance the human rights condition of refugees, especially Afghans, since this concept requires global cooperation rather than only Turkey’s efforts.

Asylum at Sea: The Legality of Shipboard Refugee Status Determination Procedures

2020 ◽  
Vol 32 (1) ◽  
pp. 1-27
Author(s):  
Azadeh Dastyari ◽  
Daniel Ghezelbash
Keyword(s):  
United States ◽  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Best Practice ◽  
The United States ◽  
Human Rights Law ◽  
Refugee Status ◽  
State Practice ◽  
International Obligations

Abstract Austria and Italy have recently proposed that processing the protection claims of asylum seekers attempting to cross the Mediterranean should take place aboard government vessels at sea. Shipboard processing of asylum claims is not a novel idea. The policy has been used for many years by the governments of the United States and Australia. This article examines the relevant international law, as well as State practice and domestic jurisprudence in the United States and Australia, to explore whether shipboard processing complies with international refugee and human rights law. It concludes that, while it may be theoretically possible for shipboard processing to comply with international law, there are significant practical impediments to carrying out shipboard processing in a manner that is compliant with the international obligations of States. Current practices in the United States and Australia fall short of what is required. Nor is there any indication that the Austrian/Italian proposal would contain the required safeguards. It is argued that this is by design. The appeal of shipboard processing for governments is that it allows them to dispense with the safeguards that asylum seekers would be entitled to if processed on land. Best practice is for all persons interdicted or rescued at sea to be transferred to a location on land where they have access to effective status determination procedures and are protected from refoulement and unlawful detention.

scholarly journals The Extra-Territorial Applicability of the Principle of Non-Refoulement and Its Interception with Human Rights Law

2017 ◽  
pp. 137-155
Author(s):  
Shishir Lamichhane
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Asylum Seekers ◽  
European Countries ◽  
Human Rights Law ◽  
Uniform State ◽  
Ideological Differences ◽  
Before And After ◽  
The Cold War ◽  
International Instruments

The varying nature in treatment of refugees before and after the cold war is quite observable from the perspective of the ideological differences. The interest of asylum seekers was hardly promoted and protected in the absence of uniform state practices. It was further more affected because of non-reconciliation of the principle of non-refoulement and right of individuals to seek asylum. The paper talks about the challenges of the European Countries in framing policies and mechanisms to address the dysfunctionality of the refugee system. The paper further discusses the significance of international instruments and the extraterritorial application of those instruments along with mechanisms to address the problem of therefugees. The paper emphasizes on the duty of the states to take steps to ensure that the refugees must have 'protection somewhere' adhering to the principle of sharing burden/responsibility and to have a greater solidarity among the states.

scholarly journals European Asylum Policy and Procedures - Violating Human Rights?

2021 ◽  
Author(s):  
Florence Nabiyar
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Life Stories ◽  
Real Life ◽  
Racial Violence ◽  
The European Union ◽  
Refugee Status ◽  
Asylum Policy ◽  
Geneva Conventions ◽  
The Eu

Based on the human rights approach this study investigates the process of gaining asylum in the European Union (EU) from the first step which is access to the territory, up to the last point of deportation and/or the granting of refugee status. A qualitative study is used to examine two countries with the largest numbers of refugees around the world: Afghanistan and Syria. The method consists of a thematic analysis of six videos that cover the real life stories and narratives of eighteen asylum seekers from different countries of the EU. The findings and existing literature conclude that asylum seekers face many obstacles and challenges, and that EU asylum policy and procedures are violating human rights. These EU rights violations include closing the borders, putting asylum seekers in prison, forced deportation, homelessness, poverty and racial violence. Ultimately, this research concludes that even though all these European countries are signatories of the United Nations/Geneva Conventions, in reality they do not fulfill their obligations.

scholarly journals Controlling irregular migration: International human rights standards and the Hungarian legal framework

2018 ◽  
Vol 16 (4) ◽  
pp. 432-451 ◽  
Author(s):  
Daniel Gyollai ◽  
Anthony Amatrudo
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Case Law ◽  
Legal Framework ◽  
Refugee Status ◽  
European Court ◽  
Southern Border ◽  
Wire Fence ◽  
New Policies ◽  
Human Rights Standards

In the summer of 2015 Hungary constructed a 175 km long barbed-wire fence at its southern border with Serbia. New criminal offences and asylum procedures were introduced that limited access to refugee status determination and ignored agreed EU asylum policy, deterring and de facto preventing asylum seekers from entering Hungarian territory. This paper provides an analysis of these new measures, which criminalized asylum seekers, and the subsequent Hungarian policy in relation to the case law of the European Court of Human Rights – arguing that the Hungarian authorities excessively abused their discretion in implementing these new policies of immigration and border control.

When Ethics, Healthcare, and Human Rights Conflict: Mental Healthcare for Asylum Seekers

2002 ◽  
Vol 11 (3) ◽  
pp. 304-318 ◽  
Author(s):  
Annemiek Richters
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Asylum Seekers ◽  
Mental Healthcare ◽  
European Countries ◽  
Case Vignettes ◽  
Therapeutic Protocols ◽  
Western European

Mental health professionals who care for asylum seekers in Western European countries increasingly encounter problems for which standard diagnostic and therapeutic protocols and institutional healthcare policies offer no ready answers. In the following case vignettes some of these problems can be identified.

scholarly journals Challenging Interculturalism: The Inclusion of Asylum Seekers and Refugees in Italy

2021 ◽  
Vol 8 (2) ◽  
Author(s):  
Marco Catarci
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Asylum Seekers ◽  
Vulnerable Population ◽  
Northern Europe ◽  
Complex Needs ◽  
Final Destination ◽  
Critical Issues ◽  
Italian Context ◽  
Asylum Seekers And Refugees

Albeit through contradictory policies, Italy has adopted an intercultural approach for the management of cultural diversity. The recent significant increase in the number of refugees arriving in Italy deeply challenges this paradigm. There are 93,000 people in Italy today who have been forced to leave their country of origin due to persecution, war or violations of human rights. Although many of them would prefer to get to northern Europe, under the current legislation they cannot choose the country in Europe in which to settle and they are often obliged to remain in a country they have not chosen as their final destination. Analysing some key elements of Italian intercultural policies, this paper highlights critical issues surrounding the inclusion of asylum seekers and refugees in the Italian context in which inadequate responses to the complex needs of this particularly vulnerable population have been shown. Finally, concluding implications include the issue of the inclusion of refugees for an intercultural approach able to offer opportunities of interaction and integration in the Italian context are presented.

scholarly journals The Threat of Destitution as a Deterrent against Asylum Seeking in the European Union

Refuge ◽  
2006 ◽  
pp. 81-93 ◽  
Author(s):  
Sylvie Da Lomba
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Legal Framework ◽  
The European Union ◽  
Human Rights Law ◽  
Host Countries ◽  
Refugee Status ◽  
Eu Member States ◽  
The Right ◽  
The Eu

The problematization of asylum has detrimentally impacted on the provision of support for asylum seekers in host countries. The threat of destitution has become instrumental in restrictive asylum policies and is increasingly used as a deterrent against asylum seeking. The EU experience reveals acute tensions between the EU asylum agenda and the EU Member States’ obligations under international refugee and human rights law. The provision of support for asylum seekers challenges narrow approaches to the realization of socio-economic rights for “others” and to host countries’ duties in that respect. The EU Reception Conditions Directive, which aims to set out standards for the reception of asylum seekers across the Union, exemplifies this predicament. Yet international refugee and human rights law provides a legal framework that establishes minimum standards critical to dignified living for asylum seekers and the protection of the right to seek refugee status in the EU and beyond.

scholarly journals Recognising Effective Legal Protection to People Smuggled at Sea, by Reviewing the EU Legal Framework on Human Trafficking and Solidarity between Member States

2015 ◽  
Vol 3 (1) ◽  
pp. 76-87 ◽  
Author(s):  
Matilde Ventrella
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Legal Protection ◽  
Legal Framework ◽  
Lisbon Treaty ◽  
Member States ◽  
Final Destination ◽  
Death Toll ◽  
Willingness To Cooperate ◽  
The Eu

The death toll of migrants at sea is on the increase. The EU and its Member States are not addressing the situation by widening the EU legal framework on human trafficking to persons smuggled at sea. People smuggled at sea are extremely vulnerable at the hands of their smugglers and suffer serious abuse of their human rights from their journeys through the desert, on the boats and when they reach their final destination. They become victims of human trafficking and they should not be neglected anymore by the EU and its Member States. However, all EU proposals lack of concreteness as Member States do not want to support and host migrants at sea on their territories. They are reluctant to launch solidarity between each other as requested by the Lisbon Treaty and by doing this, they are indirectly responsible for the death of many migrants at sea and for the abuse of their human rights. This article proposes alternatives to explore that could change the situation if Member States show their willingness to cooperate with each other.

The Right to Benefit from an Effective Remedy against Decisions Implying the Return of Asylum-seekers to European Safe Countries

2017 ◽  
Vol 19 (3) ◽  
pp. 255-280 ◽  
Author(s):  
Silvia Morgades-Gil
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Asylum Seekers ◽  
European Countries ◽  
European Convention ◽  
Second Phase ◽  
Effective Remedy ◽  
The Right ◽  
Transfer Decisions

Abstract During the first phase of the ceas, the cjeu considered that asylum-seekers had only limited opportunities to appeal against decisions to transfer them to other European countries based on the Dublin system. This interpretation was contrary to the right to an effective remedy enshrined in the European Convention on Human Rights and recognised as a principle of eu Law. With the second phase of the ceas, the cjeu ruled on two judgements in June 2016 (Ghezelbash and Karim) in which asylum-seekers benefited from the right to an effective remedy against Dublin transfer decisions. The scope of the judicial review was not limited to cases where there was a risk of being subjected to inhuman treatment as a result of ‘systemic deficiencies’ in the procedures and reception conditions in the receiving country. This article argues that this shift in the jurisprudence of the cjeu restores asylum-seekers’ status as subjects of eu Law.

Refugees and Algorithmic Humanitarianism: Applying Artificial Intelligence to RSD Procedures and Immigration Decisions and Making Global Human Rights Obligations Relevant to AI Governance

2020 ◽  
pp. 1-69
Author(s):  
Nafees Ahmad
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Critical Thinking ◽  
Asylum Seekers ◽  
Data Privacy ◽  
International Organisations ◽  
Refugee Status ◽  
Human Rights Norms ◽  
Human Rights Based Approach ◽  
Privacy And Confidentiality

Artificial intelligence (ai) has created algorithmic-driven humanitarianism without ethics, justice, and morality. Current ai dynamics do not protect humanity and mitigate its sufferings in refugee status determination procedures and immigration decisions, raising a host of data privacy and confidentiality issues. Data from refugees, asylum–seekers and migrants and the stateless might be deployed and manipulated for geostrategic, geopolitical, geo-engineering, medico-research, socio-economic, and demographical purposes by international organisations and governments. ai lacks anthropogenic sensitivity, critical thinking, and human traits of subjectivity and objectivity. The author ruminates on these issues by examining the application of ai and assessing its impact on the global human rights norms. The author adopts a human rights-based approach while espousing the reprogramming of algorithmic humanitarianism within new ai technologies for sustainable artificial intelligence.

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