scholarly journals Detention in Canada of asylum claimants for identity determination: a critical review of the literature pertaining to Canada’s immigration detention centres

2021 ◽  
Author(s):  
Nadjibullah Alamyar
Keyword(s):  
Human Rights ◽  
Critical Review ◽  
Review Of The Literature ◽  
International Human Rights ◽  
Immigration Detention ◽  
Canadian Charter ◽  
Detention Centers ◽  
Canadian Immigration ◽  
International Human ◽  
The Government

This paper maps the unconstitutionality of Canada’s legislation regarding asylum claimants. In particular, the paper examines the policies that allow asylum claimant’s detainment in the absence of identification. The aim of this study is twofold. First, it establishes through a meta-synthesis of the literature, gap that exist in the study of immigration detention centers. These studies clearly demonstrate that immigration detention centres are similar to prisons but significantly do not consider the constitutionality of identification requirements that subject asylum claimants to detention. Second, the study demonstrates through a human rights approach that Canadian policies which require refugees to prove their identity prior to claim adjudication violates the asylum claimant’s Charter and fundamental human rights. Canada’s approach, which makes asylum claimants responsible for proving their identity reintroduces the practice of reverse onus. Hence Canadian immigration policies enacted in 2001 (post-9/11), are in violation of the Canadian Charter of Rights and Freedom and in violation of international human rights laws. I suggest that if the government is serious about the human rights of asylum claimants it must create policies that ensure the protection of refugee rights in Canada.

scholarly journals Detention in Canada of asylum claimants for identity determination: a critical review of the literature pertaining to Canada’s immigration detention centres

2021 ◽  
Author(s):  
Nadjibullah Alamyar
Keyword(s):  
Human Rights ◽  
Critical Review ◽  
Review Of The Literature ◽  
International Human Rights ◽  
Immigration Detention ◽  
Canadian Charter ◽  
Detention Centers ◽  
Canadian Immigration ◽  
International Human ◽  
The Government

This paper maps the unconstitutionality of Canada’s legislation regarding asylum claimants. In particular, the paper examines the policies that allow asylum claimant’s detainment in the absence of identification. The aim of this study is twofold. First, it establishes through a meta-synthesis of the literature, gap that exist in the study of immigration detention centers. These studies clearly demonstrate that immigration detention centres are similar to prisons but significantly do not consider the constitutionality of identification requirements that subject asylum claimants to detention. Second, the study demonstrates through a human rights approach that Canadian policies which require refugees to prove their identity prior to claim adjudication violates the asylum claimant’s Charter and fundamental human rights. Canada’s approach, which makes asylum claimants responsible for proving their identity reintroduces the practice of reverse onus. Hence Canadian immigration policies enacted in 2001 (post-9/11), are in violation of the Canadian Charter of Rights and Freedom and in violation of international human rights laws. I suggest that if the government is serious about the human rights of asylum claimants it must create policies that ensure the protection of refugee rights in Canada.

Kazakhstan will silence dissenting voices amid crisis

2016 ◽  
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Freedom Of Expression ◽  
International Human Rights ◽  
The West ◽  
Content Type ◽  
Lower House ◽  
International Image ◽  
International Human ◽  
The Government

Subject Prosecutions for questioning Kazakhstan's statehood. Significance Two civil society activists in Kazakhstan, Yermek Narymbayev and Serikjan Mambetalin, were jailed on January 22 after being found guilty of 'inciting ethnic discord' for comments they posted on Facebook. The verdict, condemned by domestic and international human rights groups, came shortly before the authorities announced that elections to the lower house of parliament originally scheduled for January 2017 had been brought forward to March 20. Impacts Nazarbayev's Nur Otan party will win a majority in the March polls and other parties that gain seats will have tacit government approval. Crackdowns on freedom of expression will tarnish efforts to maintain good relations with the West. The government will continue to fund costly lobbying campaigns to improve its international image.

scholarly journals Analisis Dimensi Hak Asasi Manusia Terhadap Putusan Hakim dalam Perkara Pencabulan Anak di Bawah Umur (Analisis Konten: Perkara No. 166/PID.B/2006/PN PDG)

Humanus ◽  
2012 ◽  
Vol 10 (1) ◽  
pp. 36
Author(s):  
Akmal . ◽  
Aldri Frinaldi
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Child Abuse ◽  
Child Protection ◽  
Qualitative Method ◽  
International Human Rights ◽  
Women And Girls ◽  
International Human ◽  
The Republic ◽  
The Government

The purpose of this study was to review the judge’s verdict on case No. 166/PID.B/2006/PN PDG in terms of: (1) whether the judge’s verdict fulfills the elements of legal certainty, fairness, and benefit, (2) whether the judge’s verdict relies on the national and international human rights instruments as well as reviewing the aspects of violations of human rights particularly in cases of child abuse. The type of the human rights cases is domestic abuse of under-aged girls. This research used qualitative method with normative judicial approach. Data processing is done using content analysis. The conclusion of the research; (1) Council of Judges needs to understand the ratification of the Child Protection Law and Law on the Elimination of Domestic Violence as well as the International Human Rights Instruments by the Government of the Republic of Indonesia relating to the Convention on Children’s Rights, in order to stress the domestic child abuse as a form of violation against human rights and as a crime against humanity, (2) in order to protect the victims of domestic violence, particularly women and girls, judges should implement the Child Protection Law and Law on the Elimination of Domestic Violence in their verdicts and the Convention of Children’s Right, because the Penal Code KUHP has not guaranteed fully the protection of children and women as primary victims of domestic violence. Key words: human rights, council of judges.

scholarly journals George Floyd’s Murder

2021 ◽  
Vol 7 (1) ◽  
pp. 48-66
Author(s):  
Farnaz Raees Kazemi ◽  
Moosa Akefi Ghaziani
Keyword(s):  
United States ◽  
Human Rights ◽  
Racial Discrimination ◽  
The United States ◽  
Historical Background ◽  
Human Rights Law ◽  
International Human Rights ◽  
Political Agitation ◽  
International Human ◽  
The Government

George Floyd’s murder by the police in Minneapolis provoked widespread political agitation across the country. It once again highlighted the problematic racial dimension of policing and eggregious violation of human rights commitments on the part of the government. In this article we explore how the human rights law and racism in the United States interact with each other? We employ qualitative research based on descriptive-analytical method and divide the article in four parts: a brief introduction, a historical background of racism, a conceptual comprehension of racial discrimination and a brief survey of the international human rights instruments against racism, and the onground situation of racial discrimination in the country. We conclude that the process of negotiation between human rights law and racism in the United States is far from settled yet.

Good Governance and Property Rights of the State: The Dubovets Case before the European Court of Human Rights and the Russian Constitutional Court

2019 ◽  
Vol 44 (3) ◽  
pp. 296-304
Author(s):  
Grigory Vaypan
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Good Governance ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
European Court ◽  
International Human ◽  
The Government

This contribution discusses the recent Dubovets case before both the European Court of Human Rights and the Russian Constitutional Court, and its implications for the changing design of Russian property law as increasingly shaped by international human rights law and good governance principles. Communicated in December 2016, the application in Dubovets v. Russia continues the line of the European Court’s cases against Russia on the protection of good faith private owners of real estate against property claims by the government. Prompted by this case law, the Russian Constitutional Court in its Judgment of 22 June 2017 No 16-P struck down Article 302 of the Russian Civil Code as unconstitutional insofar as it entitled the government to reclaim possession of state property that had been previously alienated due to the government’s own negligence. This judgment manifests the increasing interdependence between private and public law – of classical property law, on the one hand, and international human rights law and good governance principles, on the other hand. It also contributes to ongoing evolution in the understanding of the state’s property rights in Russia: from the superior status of public property in Soviet times – to formal equality between public and private property rights in the landmark legal instruments of the 1990s – and now to the growing need for special protection of individual property rights vis-à-vis the state, in light of the latter’s double role as both the largest owner and the (quite unrestrained) regulator.

Domestic Human Rights Adjudication in the Shadow of International Law: The Status of Human Rights Conventions in Israel

2017 ◽  
Vol 50 (3) ◽  
pp. 331-388 ◽  
Author(s):  
Barak Medina
Keyword(s):  
Human Rights ◽  
International Law ◽  
Democratic Legitimacy ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Quarter Century ◽  
Human Rights Treaties ◽  
International Human ◽  
The Government

The quarter-century anniversary of Israel's ratification of the major United Nations (UN) human rights treaties is an opportunity to revisit the formal and informal interaction between domestic and international Bills of Rights in Israel. This study reveals that the human rights conventions lack almost entirely a formal domestic legal status. The study identifies a minor shift in the scope of the Israeli Supreme Court's reference to international law, as the Court now cites international human rights law to justify decisions that a state action is unlawful, and not only to support findings that an action is valid. This shift may be the result of other reasons, for instance, a ‘radiation’ of the Court's relatively extensive use of international humanitarian law in reviewing state actions taken in the Occupied Territories. However, it may also reflect a perception of enhanced legitimacy of referring to international human rights law as a point of reference in human rights adjudication following ratification of the treaties.At the same time, the Court continues to avoid acknowledging incompatibility between domestic law and international law. It refers to the latter only to support its interpretation of Israeli constitutional law, as it did before the ratification. This article critically evaluates this practice. While international human rights law should not be binding at the domestic level, because of its lack of sufficient democratic legitimacy in Israel, it should serve as an essential benchmark. The Court may legitimise a human rights infringement that is unjustified according to international law, but such incompatibility requires an explicit justification. The Court, together with the legislature and the government, are required to engage critically with the non-binding norms set by the ratified UN human rights treaties.

Aborginal English in the Legal System

1999 ◽  
Vol 27 (1) ◽  
pp. 35-42 ◽  
Author(s):  
Megan Suarez
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Legal System ◽  
Justice System ◽  
Equal Opportunity ◽  
Aboriginal People ◽  
International Human Rights ◽  
Aboriginal Community ◽  
International Human ◽  
The Government

The Australian legal system is based on the principle of equality before the law for all its citizens. The government of Australia also passed the international Human Rights and Equal Opportunity Commission Act in 1986, although these rights are not accessible to all Australians in the legal system (Bird 1995:3). The Australian legal system has failed to grant equality for all its people. The Aboriginal community is severely disadvantaged within the legal system because the Australian criminal justice system has “institutionalised discrimination” against Aboriginal people through communication barriers (Goldflam 1995: 29).

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