scholarly journals The Educational Experiences of Teachers who deal with Children of Refugees, Asylum Seekers and Migrant Children on the Move in Trinidad & Tobago

2019 ◽  
Vol 8 (3) ◽  
pp. 270-282 ◽  
Author(s):  
Sunita Maharaj-Landaeta
Keyword(s):  
Child Protection ◽  
Asylum Seekers ◽  
Migrant Children ◽  
Legal Rights ◽  
Refugee Status ◽  
Refugee Protection ◽  
The Status ◽  
Dramatic Rise ◽  
The Republic ◽  
The Right

The Objective of this paper is to showcase the experience of teachers who work with children of refugees, asylum seekers and children on the move in Trinidad & Tobago. These experiences can be considered by other educators on the international front, who work with migrant children as a frame of reference for dealing with them when they enter new environments. This topic is quite relevant in a world where children are constantly being uprooted and have to leave their home countries for the unknown. The paper aims to highlight the unique context under which these migrant children are informally educated. For reasons of risk and child protection, the paper will not use real names, locations and will focus only on the experiences of the educators/teachers. The paper will highlight the views of 29 teachers and teaching volunteers who spent more than 20 months trying to find alternative educational solutions for children of refugees, asylum seekers and migrant children on the move who are not allowed to enter the mainstream of public or private schools within Trinidad & Tobago. To give background and context, The Republic of Trinidad and Tobago acceded to the 1951 Convention on the Status of Refugees and its 1967 Protocol. In 2019, the country has still, not passed any legislation or administrative regulations on asylum or refugee status, nor established a national refugee status determination procedure. The Venezuelan crisis and Cuban political and economic situation have contributed to a dramatic rise in the number of asylum seekers and refugees reaching to the nearby shores of Trinidad & Tobago in recent times. The borders of T&T are quite porous, and relatively unprotected allowing for constant new arrivals. Phillips (2018) reported, ‘160 arrivals everyday’. This influx of migrants and children on the move is putting the Republic in a position where educational practices need to be more closely examined, as the country’s lack of legislation on refugee and asylum matters, and the country’s immigration law, adopted prior to accession to international refugee instruments, does not provide an adequate framework for refugee protection and asylum issues. This simply put, means that the migrant population does not have the right to work, the right to an education; or any legal rights. Poignant is that the average Trinbagonian seems quite unaware of the needs and plight of this population of concern (POC). There are many uncertainties and negative impacts, since Trinidad & Tobago is considered by all to be a transit point and not a settlement zone for refugees, asylum seekers and people on the move. This paper will trace the challenges involved in educating the children of these persons who do not have legal standing within the country from the perspective of educators who have been directly involved in searching for educational solutions.

Canadian Exclusion Jurisprudence post-Febles

2021 ◽  
Author(s):  
Molly Joeck
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Asylum Seekers ◽  
Refugee Status ◽  
The Rule Of Law ◽  
Refugee Protection ◽  
Refugee Law ◽  
The Supreme Court ◽  
The Status ◽  
International Refugee Law

Abstract This article examines the state of Canadian refugee law since the decision of the Supreme Court in Febles v Canada (Citizenship and Immigration) [2014] 3 SCR 431. Drawing upon an analysis of a set of decisions of the Immigration and Refugee Board, the administrative tribunal tasked with refugee status determination in Canada, the article seeks to determine whether administrative decision makers are heeding the guidance of Febles when excluding asylum seekers from refugee protection on the basis of serious criminality pursuant to article 1F(b) of the 1951 Convention relating to the Status of Refugees. In doing so, it examines the controversy around article 1F(b) since its inception across various jurisdictions and amongst academic commentators, situating Febles within that controversy in order to demonstrate that the Supreme Court’s reluctance to clearly set out the purpose underlying article 1F(b) is in step with a longstanding tendency to understand the provision as serving a gatekeeping function, that prevents criminalized non-citizens from obtaining membership in our society. It argues that by omitting to set out a clear and principled standard by which asylum seekers can be excluded from refugee protection pursuant to article 1F(b), the Supreme Court failed to live up to a thick understanding of the rule of law. It concludes by calling for a reassertion of the rule of law into exclusion decision making, both nationally and internationally, in order to ensure that the legitimacy of the international refugee law regime is maintained.

The Right Of A Husband (Wife) To Inherit At The Factual Dissolution Of Marriage

2020 ◽  
Vol 02 (12) ◽  
pp. 100-107
Author(s):  
Yusupova Oysha Matnazarova ◽  
Keyword(s):  
Legal Rights ◽  
Marriage And Family ◽  
Inheritance Law ◽  
National Legislation ◽  
Foreign Experience ◽  
Foreign Countries ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Law Of Succession

In many foreign countries today, the development trends of marriage and family show that along with the officially strengthened relationship between husband and wife, the factual relationship is also becoming more important. This in turn affects the couple’s right to inherit. The rapidly evolving processes of interstate integration and globalization make it necessary to improve the inheritance rights of couples in the law of succession, which is relatively conservative in nature. The aim of this research is to improve the existing inheritance law of the Republic of Uzbekistan by defining the criteria for declaring a marriage relationship between the spouses in practice and studying the scope of the spouses' legal rights to inherit in the event of the actual dissolution of the marriage. To achieve this goal, the following tasks have been identified: to clarify the status of the couple, to analyze the actual dissolution of the marriage as an obstacle to the exercise of the right of inheritance, development of proposals to improve national legislation on the rights of spouses to inheritance through the study of foreign experience.

Protection Deficit: The Failure of Australia’s Offshore Processing Arrangements to Guarantee ‘Protection Elsewhere’ in the Pacific

2019 ◽  
Vol 31 (4) ◽  
pp. 415-463 ◽  
Author(s):  
Madeline Gleeson
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Refugee Status ◽  
International Protection ◽  
Refugee Protection ◽  
The Pacific ◽  
Alternative Outcome ◽  
Timely Access ◽  
The Republic ◽  
Transfer Procedures

Abstract In 2012, Australia reintroduced arrangements for ‘offshore processing’ in the Pacific, which forcibly transferred asylum seekers arriving by boat to the Republic of Nauru and Papua New Guinea (PNG), purportedly for refugee status determination (RSD). Previous studies have focused on the detention of asylum seekers transferred to these States in ‘regional processing centres’ (RPCs). This article instead provides a factual foundation for more current inquiries into the content and scope of each State’s protection obligations under international law, which have increased in importance since the end of closed detention in the RPCs in 2015 and 2017. The formal legal and diplomatic arrangements established in and between the three States for the transfer of asylum seekers; processing of their claims; and provision of durable solutions will be examined, with reference to the minimum standards required. The article identifies a protection deficit in the legal architecture and bilateral arrangements underpinning offshore processing. Since their inception, the arrangements have lacked clarity regarding the respective obligations of the three States; involved transfers even in the absence of fair and efficient procedures for RSD in Nauru and PNG; and failed to ensure timely access to appropriate outcomes for all transferees (whether determined to be in need of international protection or not). The article therefore concludes that Australia should facilitate readmission to its territory for all people in Nauru and PNG who do not have access to an appropriate alternative outcome. It also suggests that any future attempts to establish third country transfer procedures will require radically different legal and diplomatic arrangements to enhance responsibility sharing and cooperation on refugee protection, and to comply with international law.

scholarly journals The normative framework of the protection of personal data in the field of (bio)medicine

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
European Convention ◽  
International Treaties ◽  
Normative Framework ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Treatment Procedures ◽  
Biomedical Treatment

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.

scholarly journals SOURCES OF THE POWER AND THE AUTHORITY OF MANAGERS

2018 ◽  
Vol 28 (1) ◽  
pp. 79-84
Author(s):  
Vojo Belovski ◽  
Biljana Todorova
Keyword(s):  
Interpersonal Relationships ◽  
Religious Media ◽  
The Status ◽  
The Will ◽  
The Republic ◽  
Intellectual Knowledge ◽  
The Right ◽  
And Behavior ◽  
Formal Power ◽  
Power And Authority

The paper starts from the general approach to the content and essence of the categories of power and authority and their interrelationship at the level of theoretical analysis and practical existence and manifestation.The sources from which the power and the authority of managers emerge will be analyzed taking into account their position and role in the organizations and other forms of the existence of the managerial function.The power is the right to order and obligation to respect / apply the order - it is very present in the work and behavior of the managers. The power is visible in the area of the state activities, in the education system, among the family.The authority represents carrying out the will even when it is contrary to the interests of others. You can talk about economic, ideological, religious, media authority, the authority of political parties and interest groups.Organizations are composed of persons who perform greater or lesser degrees of authority and power. Sometimes the power and authority in the organization arise from the position of a person in the organization or from the knowledge and skills that a person possesses. Others express their authority in interpersonal relationships through their character. In practice, it is seen that individuals have formal power and no real authority.Most directly, the authority of managers is derived from their functions / activities in the enterprise, from the right to command and direct other people in their tasks and responsibilities. Their power stems from the right and the ability to create an environment in which other individuals will participate in the realization of the organization's goals, in other words, the right to create an atmosphere that will encourage people to dedicate themselves to the work and development of the enterprise.The authority of managers arises from their intellectual knowledge, often higher than the knowledge of employees, which also activates authority as a voluntary acknowledgment of influence on the subordinate.Through an analytical approach, analyzes will be made on some issues and aspects of the status of managers in the Macedonian society, through projected grouping / classification of types of managers. Also, an answer to the question of why the managerial function in the Republic of Macedonia is reviving.

scholarly journals Skipan talsmanns fyrir börn – grundvöllur ákvörðunar og framkvæmd

2015 ◽  
Vol 11 (2) ◽  
pp. 313-332
Author(s):  
Hrefna Friðriksdóttir ◽  
Hafdís Gísladóttir
Keyword(s):  
United Nations ◽  
Child Protection ◽  
Justice System ◽  
Democratic Society ◽  
Rights Of The Child ◽  
The Status ◽  
United Nations Convention ◽  
Child Friendly ◽  
The Right ◽  
International Instruments

In recent years there has been a growing interest in the rights of children in various justice systems. The interpretation of international instruments, such as the United Nations Convention on the Rights of the Child legalized in Iceland as law 19/2013, places a strong emphasis on strengthening the status of the child. The concept of child-friendly justice has emerged reflecting a vision of a justice system that has adapted to the interests and needs of children. A key element is ensuring the right of the child to participate, building on the notion that participation actively promotes their citizenship in a democratic society. The complexity of child protection cases makes it imperative to ensure that children get the assistance they need to communicate and be able to influence procedures. This article discusses the development of provisions in child protection laws on the appointment of spokespersons for children and represents the findings of a study done on such appointments with various child protection committees. The main results of this research indicate that the development of the law has been positive. The enforcement does not however reflect these develpments and there is a lack of formality, assessment and satisfactory argumentation.

The Constitutional Right to Asylum and Humanitarianism in Indonesian Law: “Foreign Refugees” and PR 125/2016

2021 ◽  
pp. 1-22
Author(s):  
Bilal Dewansyah ◽  
Ratu Durotun Nafisah
Keyword(s):  
Asylum Seekers ◽  
Humanitarian Assistance ◽  
Legal Analysis ◽  
Human Right ◽  
Control Approach ◽  
Immigration Control ◽  
Refugee Protection ◽  
Constitutional Right ◽  
The Right ◽  
Asylum Seekers And Refugees

Abstract Article 28G(2) in Indonesia’s 1945 Constitution reflects a human rights approach to asylum; it guarantees “the right to obtain political asylum from another country,” together with freedom from torture. It imposes an obligation upon the state to give access to basic rights to those to whom it offers asylum, following an appropriate determination procedure. By contrast, in Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees, the Indonesian government’s response to asylum seekers and refugees is conceptualized as “humanitarian assistance,” and through a politicized and securitized immigration-control approach. We argue that the competition between these three approaches—the human right to asylum, humanitarianism, and immigration control—constitutes a “triangulation” of asylum and refugee protection in Indonesia, in which the latter two prevail. In light of this framework, this article provides a socio-political and legal analysis of why Article 28G(2) has not been widely accepted as the basis of asylum and refugee protection in Indonesia.

Part VI Refugee Rights and Realities, Ch.56 The Digital Transformation of Refugee Governance

2021 ◽  
Author(s):  
Sandvik Kristin Bergtora
Keyword(s):  
New Technology ◽  
Digital Transformation ◽  
Legal Rights ◽  
Refugee Status ◽  
Solution Processed ◽  
Protection Policy ◽  
Refugee Protection ◽  
Refugee Law ◽  
International Refugee Law ◽  
Data Subject

This chapter evaluates four selected issues arising from the digital transformation of refugee protection, in order to explore how this transformation shapes and challenges refugee law. It focuses on the following domains: UNHCR’s 2015 Data Protection Policy, a concept (legal identity), a platform (databases), and legal-bureaucratic processes (refugee status determination and resettlement procedures). Digital transformation generates new risks, in part because it is premised on a duty of refugee visibility. The chapter argues that international refugee law, conceptually and in practice, appears to be moving towards an idea of ‘algorithmic protection’. First, digitization and the integration of new technology create risks and harms that can compromise existing legal rights and procedural guarantees but also threaten the integrity of refugee protection in new ways. Secondly, algorithmic protection is a useful concept because the digital transformation of refugee protection means that the duty of visibility and acquiescence to become a data subject has become a requirement for being registered as a refugee, receiving aid (eg biometric banking), and having one’s claim for a durable solution processed.

scholarly journals The role of the poet in Plato's ideal cities of Callipolis and Magnesia

2007 ◽  
Vol 48 (116) ◽  
pp. 329-349 ◽  
Author(s):  
Gerard Naddaf
Keyword(s):  
Practical Realization ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Negative Factors ◽  
The Ideal

Plato's attitude toward the poets and poetry has always been a flashpoint of debate, controversy and notoriety, but most scholars have failed to see their central role in the ideal cities of the Republic and the Laws, that is, Callipolis and Magnesia. In this paper, I argue that in neither dialogue does Plato "exile" the poets, but, instead, believes they must, like all citizens, exercise the expertise proper to their profession, allowing them the right to become full-fledged participants in the productive class. Moreover, attention to certain details reveals that Plato harnesses both positive and negative factors in poetry to bring his ideal cities closer to a practical realization. The status of the poet and his craft in this context has rarely to my knowledge been addressed.

“The Problem of Witchcraft”: Violence and the Supernatural in Global African Refugee Mobilities

2020 ◽  
Vol 63 (3) ◽  
pp. 660-682
Author(s):  
Katherine Luongo
Keyword(s):  
Social Group ◽  
Asylum Seekers ◽  
Refugee Status ◽  
Refugee Convention ◽  
Refugee Protection ◽  
African Refugee ◽  
Push Factor

Abstract:Over the last two decades, witchcraft violence has emerged steadily as a “push factor” for African asylum seekers who argue that being accused of witchcraft or targeted with witchcraft renders them members of a “particular social group” (PSG), subject to persecution and eligible for refugee protection under the 1951 UN Refugee Convention. This article examines the refugee status determination (RSD) processes through which immigration regimes in Canada and Australia have adjudicated allegations about witchcraft violence made by asylum seekers from across Anglophone Africa. It critiques the utility of expanding PSG along cultural lines without a commensurate expansion in adjudicators’ knowledge.

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