scholarly journals DETERMINATION OF STRUCTURAL ELEMENTS OF THE LEGAL STATUS OF INTERNALLY DISPLACED PERSONS IN UKRAINE: QUESTIONS OF THEORY

2020 ◽  
pp. 96-102
Author(s):  
С. В. Мандзій
Keyword(s):  
Legal Status ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Structural Elements ◽  
Displaced Persons ◽  
International Treaties ◽  
Structural Element ◽  
Legal Form ◽  
Difficult Situation ◽  
Internally Displaced

The relevance of the article is that the difficult situation in the eastern regions of our country, the occupation of the Autonomous Republic of Crimea, led to forced internal displacement of persons in Ukraine, and thus the emergence of a new entity that needs rights and freedoms. The legal form of state fixation of relations that arise in the system of its relations with a person, as well as the relations of persons with each other, is carried out precisely by normative consolidation of a set of rights and obligations that form the legal status of the subject. In this context, the category of the structure of this legal phenomenon, and hence the elements that are part of its content, becomes important. The purpose of this article is to study the structural elements that are part of the legal status of internally displaced persons in Ukraine, the analysis of the interaction of such elements of the structure with each other and with other legal phenomena. The article is devoted to research of problematic issues of determining the structural elements of the legal status of internally displaced persons in Ukraine, analysis of relationships between them, as well as other legal phenomena that affect the rights, freedoms and responsibilities of this entity. Author analyzes various doctrinal approaches to the issue of filling the internal structure of the legal status and on this basis proposes those elements that are part of the structure of this legal category. In particular, it is proved that the position of scholars regarding the allocation of a narrow and broad approach to determining the structural elements of the legal status is quite artificial. It is emphasized that freedoms should also be considered as a structural element of a person's legal status, as they are formally defined in regulations. This is confirmed by the very title of the second section of the Basic Law of Ukraine: "Rights, freedoms and responsibilities of man and citizen." Moreover, the second article of the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons” stipulates that Ukraine shall take all possible measures provided by the Constitution and laws of Ukraine, international treaties, which have been approved by the Verkhovna Rada of Ukraine. observance of the rights and freedoms of internally displaced persons.

scholarly journals International legal framework for the protection of internally displaced persons

2019 ◽  
Vol 31 (1) ◽  
pp. 203-208
Author(s):  
A. Sheludchenkova ◽  
O. Spector ◽  
A. Derkach
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Legal Framework ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Internally Displaced People ◽  
Or Groups ◽  
Displaced People

The author defines the notion of the internally displaced people, analyses the reasons of their appearance and compares the internally displaced people and refugees’ legal status. Internally Displaced Persons were defined in 1992 by the Commission on Human rights as “Persons or groups who have been forced to flee their homes suddenly or unexpectedly in large numbers, as a result of armed conflict, internal strife, systematic violations of human rights or natural or man-made disaster, and who are within the territory of their own country”. There is no universal legally binding instrument for protecting and assisting internally displaced persons. The Guiding Principles on Internal Displacement were recognized by the UN General Assembly are not of a binding character.

scholarly journals The Normative Influence of the UN Guiding Principles on the Kampala Convention in the Protection of Internally Displaced Persons in Africa

2021 ◽  
pp. 1-14
Author(s):  
Francis M Deng ◽  
Romola Adeola
Keyword(s):  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Political Commitment ◽  
Internally Displaced ◽  
General Terms ◽  
African Context ◽  
Guiding Principles ◽  
Made In

Abstract Over the last several decades, states have demonstrated significant political commitment towards advancing protection and assistance for internally displaced persons. A notable form in which this commitment has been reflected is in the emergence of normative standards, with the UN Guiding Principles on Internal Displacement (UNGP) as the guiding text. The fact that the UNGP framework has found expression in the landscape on internal displacement is evidenced at various levels of governance. Within the African context, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) draws on pertinent normative frameworks, with the UNGP as the leading framework. While this point is often made in general terms, this article focuses on the extent to which the norm on internal displacement has diffused and expanded within the African context.

Bridging the Accountability Gap in the Protection of Internally Displaced Persons: Non-State Actors Under the Kampala Convention

2021 ◽  
pp. 1-23
Author(s):  
Romola Adeola
Keyword(s):  
The State ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Regional Landscape ◽  
State Actors ◽  
Accountability Gap ◽  
The Impact

Abstract Contemporary forms of internal displacement in Africa significantly reflect the emerging footprints of non-state actors on the regional landscape of internal displacement. In recognition of the impact of these actors in the internal displacement context, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) specifically obligate states to regulate them in the prevention of arbitrary displacement. This is the central thrust of this article. This article examines the Kampala Convention from the perspective of non-state actors, considering the obligation of the state and the extent to which these actors may be held accountable, in the furtherance of protection and assistance of internally displaced persons (IDP s).

scholarly journals The challenges of internally displaced persons and the way forward: the Nigerian experience

2021 ◽  
Vol 1 (1) ◽  
pp. 17-36
Author(s):  
Agbo Friday Ojonugwa
Keyword(s):  
Armed Conflict ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Lasting Peace ◽  
History Of ◽  
Displaced People ◽  
The Government ◽  
Peace And Development

Internally displaced persons (IDPs) are usually forced to flee or leave their homes, particularly in situations of armed conflict. They are displaced within their national territories and are generally subject to heightened suffering and vulnerability in many cases. It is also essential to state that the issue of internal displacement has become prominent because of the realisation that peace and reconstruction in conflict-ridden societies depend on the effective settlement and reintegration of displaced persons. Nigeria is a country that has a history of conflicts and displaced people. There has been a challenge in finding lasting peace through the employment of conflict resolution techniques and also the challenge of catering for the welfare of internally displaced persons in the country. However, peace and development without taking into account the settlement, return, and reintegration of IDPs. These desirous objectives are proving quite difficult in Nigeria as many challenges confront the government, policymakers, and humanitarian NGOs in providing the IDPs with their rights and needs. Some of the challenges can easily be overcome while some are more tasking requiring concerted efforts and massive resources to overcome. The aim of this article is to highlights the significant challenges confronting IDPs and provides some solutions to these challenges. In adopting the doctrinal method in discussions, the article finds that enormous challenges abound that confront IDPs in Nigeria, and it finds that there is the need for the government to find urgent solutions to the challenges of IDPs for the wellbeing of IDPs  

scholarly journals Climate Change, Development Projects and Internal Displacement In Africa

2018 ◽  
Vol 62 (3) ◽  
pp. 335-350
Author(s):  
Romola Adeola ◽  
Frans Viljoen
Keyword(s):  
Climate Change ◽  
Internal Displacement ◽  
Development Projects ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Heads Of State

AbstractGiven the need for legislation to protect internally displaced persons, African Heads of State and Government adopted the Convention on the Protection and Assistance of Internally Displaced Persons in Africa in Kampala in October 2009. The convention, which entered into force on 6 December 2012, is an important binding instrument on internal displacement. Article 10 of the convention requires states to prevent displacement caused by development projects, including climate-based development projects. This article examines the content of this obligation within the context of climate-based development projects.

Access to Justice for Internally Displaced Persons: The Global Legal Order

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Leah Ndimurwimo ◽  
Leonard Opara
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Legal Education ◽  
Internal Displacement ◽  
Teaching Methodology ◽  
Access To Justice ◽  
Internally Displaced Persons ◽  
Economic Assistance ◽  
Displaced Persons ◽  
Internally Displaced

Internally displaced persons are people who are uprooted from their social, economic, cultural and educational environment and made squatters or homeless within the jurisdiction of their own country. They consequently have no permanent place of abode. Internal displacement therefore becomes a situation that deprives individuals of access to justice and leads to violations of the human rights of categories of citizens. For example, women, children and the elderly are more vulnerable and lack social-economic assistance from their loved ones and family support because of their internal displacement. Their situation denies them access to justice from several perspectives, such as being in a state of despair, instability and uncertainty. This article examines the ways in which the domestication of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa of 2009 (the Kampala Convention) and clinical legal education can be used to promote access for internally displaced persons to justice and basic human rights. In this regard, the article further analyses access to justice for internally displaced persons through the teaching methodology of clinical legal education in African legal jurisprudence. Finally, the article recommends the involvement of legal clinicians and other practitioners as advocates of internally displaced persons’ access to justice, respect for human rights and the rule of law as a requirement for the domestication of the Kampala Convention by Member States in Africa.

Internet of Things Interpreting a Myth

2019 ◽  
pp. 47-81 ◽  
Author(s):  
Hisham Abusaada ◽  
Abeer Elshater
Keyword(s):  
Content Analysis ◽  
Internet Of Things ◽  
Action Plan ◽  
Internal Displacement ◽  
The Internet ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Digital Methods ◽  
The Internet Of Things

The livability standard still has not considered the chaos city that may stem from or lead to cities of hardship. This chapter rectifies this by making the phenomena of chaos and hardship the centerpiece of the analysis. It depends on the internally displaced persons (IDPs) to display the characteristics of liability and the hardship of living and be the indicators of chaos city. This chapter addresses the non-perceptible processes of the IDPs from outside and inside Cairo in Egypt. This internal displacement supposes the lead-in to chaotic changes in the lifestyles of the cities; it can even be said that they become cities of hardship. The theoretical reading depends on conventional and digital methods (content analysis and the internet of things) to follow these changes, which occur not only due to migrations but also due to ignoring decentralization. The outcomes provide an action plan to create cities free from hardship, displacement, and chaos.

In Lieu of a Travaux Préparatoires: A Commentary on the Kampala Convention for IDPs

2019 ◽  
Vol 31 (2-3) ◽  
pp. 349-378
Author(s):  
J O Moses Okello
Keyword(s):  
Human Rights ◽  
Public Domain ◽  
The Body ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Human Rights Law ◽  
Internally Displaced ◽  
The Public ◽  
Personal Involvement

Abstract The Kampala Convention was adopted on 23 October 2009 and came into force on 4 January 2013. The first binding international instrument for the protection and assistance of internally displaced persons, it occupies an important space among the body of African regional humanitarian and human rights law. The Convention addresses all stages of internal displacement and provides a framework for coordinating activities by governments and humanitarian actors aimed at preventing and addressing internal displacement. The Kampala Convention is the result of many years of work, although no formal records of its drafting and negotiation were kept. This article contributes towards addressing this gap. Based on the author’s personal involvement in the Convention’s drafting, and supplementing earlier research, this article shares information previously unavailable in the public domain and provides a commentary on some of the Convention’s provisions.

Codification of international rules on internally displaced persons: An area where both human rights and humanitarian law considerations are being taken into account

1998 ◽  
Vol 38 (324) ◽  
pp. 463-466 ◽  
Author(s):  
Robert K. Goldman
Keyword(s):  
Human Rights ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Humanitarian Law ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Guiding Principles ◽  
Executive Boards

This past April the Representative of the United Nations Secretary-General on Internally Displaced Persons, Francis M. Deng, presented to the UN Commission on Human Rights, at its 54th session, a report with an addendum entitled Guiding Principles on Internal Displacement (hereinafter “Guiding Principles”). The Commission adopted by consensus a resolution co-sponsored by more than 50 States which, inter alia, took note of the decision of the Inter-Agency Standing Committee welcoming the Guiding Principles and encouraging its members to share them with their Executive Boards, and also of Mr. Deng's stated intention to make use of these principles in his dialogue with governments and intergovernmental and non-governmental organizations. These principles are an important milestone in the process of establishing a generally accepted normative framework for the protection of the estimated 20 to 25 million internally displaced persons worldwide.

Clinical features of neurotic disorders in internally displaced persons

2016 ◽  
Vol 33 (S1) ◽  
pp. S196-S197
Author(s):  
V. Korostiy ◽  
H. Kozhyna ◽  
K. Melamud ◽  
O. Platyniuk
Keyword(s):  
Emotional Disorders ◽  
Clinical Features ◽  
Trait Anxiety ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Neurotic Disorders ◽  
Reactive Anxiety ◽  
Competing Interest

IntroductionAccording to the Guiding Principles on Internal Displacement, internally displaced persons are persons who have been forced or obliged to leave their homes, in particular as a result of extreme situations, and who have not crossed an state border. As of May 21, 2015 UNHCR has information about 1,299,800 IDPs.AimTo study clinical features of neurotic disorders in IDPs.MethodsWe have a complex psychopathological and psychodiagnostic research 97 IDPs in volunteer center, located at the central train station in Kharkiv.ResultsIn total, 75.9% of IDPs observed have violations of adaptation: long-term depressive reaction (F 43.21) and predominant disturbance of other emotions (F 43.23). The men reactive alarm indicators (average – 37.7 ± 3.0), were higher than trait anxiety (average – 32.6 ± 2.9). On the contrary, women figures trait anxiety (average – 38.6 ± 2.9) were higher than reactive anxiety (average – 34.7 ± 3.0). Severity of depressive symptoms also slightly prevailed in women. The mean score on the Hamilton scale for men was 17.0 ± 2.3 points, women – 18.0 ± 2.3 points. Test results on a scale of quality of life showed no significant differences between men and women. We have developed a medical and psychological support system to correct the neurotic disorders in IDPs.ConclusionsThe majority of people who left the ATO zone have emotional disorders of different severity and require a further correction in the specialized medical institutions.Disclosure of interestThe authors have not supplied their declaration of competing interest.

Sign in / Sign up

Export Citation Format

Share Document