scholarly journals Regime Entanglement in the Emergence of Interstitial Legal Fields: Denmark and the Uneasy Marriage of Human Rights and Migration Law

Nordiques ◽  
2021 ◽  
Author(s):  
Thomas Gammeltoft-Hansen ◽  
Mikael Rask Madsen
Author(s):  
Klabbers Jan

This chapter highlights the accountability of international organizations in refugee and migration law. It sets out the general responsibility regime as it applies to international organizations with special reference to refugee protection. Several international organizations are pertinent: most prominently UNHCR and the International Organization for Migration (IOM), but also the EU through Frontex, its European Agency for the Management of Operational Cooperation at the External Borders, and the UN Office of the High Commissioner for Human Rights. Refugee protection also involves several different settings, from the running of refugee camps and the guarding of borders to the handling of individual asylum applications. In general, the chapter demonstrates that responsibility is highly elusive.


2017 ◽  
Vol 99 (905) ◽  
pp. 569-587 ◽  
Author(s):  
Bernard Duhaime ◽  
Andréanne Thibault

AbstractThis article looks at the issue of enforced disappearances of migrants during their migratory journey or once they have reached their destination, a subject yet to be addressed in the literature. It examines how the legal and analytical framework provided by international human rights law and migration law applies to enforced disappearances of migrants. It then reviews the factors that contribute to this phenomenon in different contexts, including the disappearance of migrants for political reasons, those that take place in detention and deportation processes and those that take place within the context of migrant smuggling and trafficking.


2019 ◽  
Vol 26 (3) ◽  
pp. 93-118
Author(s):  
Jovana Bogićević

From January 2018 until late July of the same year, I had an opportunity to participate in the Human Rights and Migration Law Clinic (hereafter HRMLC or ’the Clinic’) in Torino, where I got a chance to experience working with the asylum seekers, interviewing them, writing their Legal Memo as well as preparing them for the hearing in front of the Territorial Commission (Italian First Board Commissions). An important aspect of the Clinic in question is the fact that it is conducted in cooperation with the Department of Anthropology and it involves anthropology students in the work with the asylum seekers. From the very beginning, it was apparent to me why they have opted for the involvement of anthropologists. I was surprised to see how much anthropological training in recognizing and being aware of Eurocentric (or any other kind of) presuppositions can be useful in recognizing and understanding cultural misunderstandings that happen on a daily basis in the asylum claiming process, as it is now in Italy. Even so, the idea for this paper became clear to me only when I attended the first meeting anthropology students had with their supervisor, Professor Beneduce. The feedback students gave to their professor and in turn, his observations made me inspired to write the paper that is before you.


2019 ◽  
pp. 136248061989006
Author(s):  
Francesca Soliman

Crimmigration, that is, the merging of criminal and migration law, is receiving increasing attention within criminology. However, while crimmigration widens our understanding of coercion and punishment, it is a reductive lens through which to make sense of migration control. This article comprises three parts: first, I critique the concept of crimmigration, its conceptual foundations, and its methodological limitations. Second, I explore how migration control practice transcends both the state’s territory and sovereignty, using the example of the European Union’s policy of non-assistance, and argue that this policy evidences the need to move beyond crime-based categories in favour of a social harm-based approach. Lastly, I propose a zemiological methodology for the study of migration control, based on a critical realist view of society and building on Nancy Fraser’s idea of social justice. The resulting framework provides a coherent and empirically useful tool for the study of border-related harms.


Author(s):  
Petra Molnar

This chapter focuses on how technologies used in the management of migration—such as automated decision-making in immigration and refugee applications and artificial intelligence (AI) lie detectors—impinge on human rights with little international regulation, arguing that this lack of regulation is deliberate, as states single out the migrant population as a viable testing ground for new technologies. Making migrants more trackable and intelligible justifies the use of more technology and data collection under the guide of national security, or even under tropes of humanitarianism and development. Technology is not inherently democratic, and human rights impacts are particularly important to consider in humanitarian and forced migration contexts. An international human rights law framework is particularly useful for codifying and recognizing potential harms, because technology and its development are inherently global and transnational. Ultimately, more oversight and issue specific accountability mechanisms are needed to safeguard fundamental rights of migrants, such as freedom from discrimination, privacy rights, and procedural justice safeguards, such as the right to a fair decision maker and the rights of appeal.


2013 ◽  
Vol 62 (3) ◽  
pp. 599-627 ◽  
Author(s):  
Clíodhna Murphy

AbstractWhile the rights of domestic workers are expanding in international law, including through the adoption of the ILO Domestic Workers Convention in 2011, migrant domestic workers remain particularly vulnerable to employment-related abuse and exploitation. This article explores the intersection of the employment law and migration law regimes applicable to migrant domestic workers in the United Kingdom, France and Ireland. The article suggests that the precarious immigration status of many migrant domestic workers renders employment protections, such as they exist in each jurisdiction, largely illusory in practice for this group of workers. The labour standards contained in the Domestic Workers Convention, together with the recommendations of the UN Committee on Migrant Workers on the features of an appropriate immigration regime for migrant domestic workers, are identified as providing an alternative normative model for national regulatory frameworks.


2017 ◽  
Vol 1 (2) ◽  
pp. 109
Author(s):  
Werner F Menski

Many challenges exist regarding the discourse over human rights in South East Asia due to the complex relationship between the region’s myriad cultures, laws, religions and political desires. This socio-political environment produces a number of varying, and often contradictory, interpretations of human rights, as well as differing opinions on how they should be implemented. On one hand, some countries in Southeast Asia have internalized international human rights instruments by amending their constitutions in order to provide a semblance of protection for their citizen’s human rights. On the other hand, some countries still operate under authoritarian regimes and continue to violate certain internationally recognized rights for the sake of preserving political stability and economic development. Proponents of such regimes often claim that this is done to maintain both societal and religious harmony. Therefore, the effort to address human rights issues in Southeast Asia must expand beyond the international legal sphere and take into account the intricate relationships and power struggles between the region’s various economic interests, social and cultural norms, and religions. Furthermore, the successful implementation of human rights law in Southeast Asia will require a number of obligations and checks be imposed on the state governments in the region. The specific means by which to promote human rights in South East Asia, and how to reconcile diverging options on the definition and scope of said rights, was the theme of the 2nd Annual Conference of the Centre for Human Rights, Multiculturalism and Migration (CHRM2) and Indonesian Consortium for Human Rights Lecturers (SEPAHAM Indonesia), held in August, 2017, at the University of Jember. This article is a summary of the major points and topics covered during the two day conference.


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