On Idle Possibilities and Missed Chances: Refugee Rights in Egypt

IF 16.4 1区化学 Q1 CHEMISTRY, MULTIDISCIPLINARY

Accounts of Chemical Research Pub Date : 2023-05-23 DOI:10.1093/rsq/hdad009

Elena Habersky, Amira Hetaba-Sabry, C. McNally

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Abstract

This article investigates the rights of refugees in Egypt and the numerous barriers that exist that prevent their enjoyment. Specifically, the article examines the implementation of international and regional legal frameworks relating to refugees and asylum-seekers by two key stakeholders in Egypt, namely the host state and the United Nations High Commissioner for Refugees (UNHCR). In addition, the article explores the current and potential future role of international and regional law in the implementation of these rights, while investigating the national legal framework and practice on the ground in relation to four core rights: obtaining refugee status, issuing documentation, attempting to protect family unity or to reunify with family in case of separation, and accessing public healthcare. In doing this, the article investigates, first, whether the host state and/or UNHCR retains a preference for a legal framework found at one scale of analysis over the other, and second, if international law and in particular, regional law and governance frameworks could be better utilised by all key stakeholders to improve the situation for refugees on the ground. Through the collection of empirical data from interviews and focus groups, a clear picture emerges of regional legal frameworks and norms remaining on the periphery or simply being ignored by the two key stakeholders responsible for implementing protection mechanisms. Instead, the analysed core rights are understood through a complex hybrid of international norms and national policy. This appears like a missed opportunity. The article concludes by arguing that, while in practice regional legal provisions currently only have a limited effect, they have the potential to offer improved protection and rights for a wider group of asylum-seekers and refugees.

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闲置的可能性和错失的机会:埃及的难民权利

本文调查了埃及难民的权利以及阻碍他们享受这些权利的众多障碍。具体而言，本文审查了埃及两个主要利益攸关方，即东道国和联合国难民事务高级专员办事处（难民专员办事处）执行与难民和寻求庇护者有关的国际和区域法律框架的情况。此外，文章探讨了国际法和区域法在落实这些权利方面目前和未来可能发挥的作用，同时调查了与四项核心权利有关的国家法律框架和实地实践：获得难民地位、发放文件、试图保护家庭团聚或在分离时与家人团聚、，以及获得公共医疗保健。在这样做的过程中，本文首先调查了东道国和（或）难民署是否倾向于在一个分析尺度上找到一个法律框架，而不是另一个，其次，所有主要利益攸关方是否可以更好地利用国际法，特别是区域法和治理框架，来改善当地难民的处境。通过收集访谈和焦点小组的经验数据，可以清楚地看到，区域法律框架和规范仍然处于边缘，或者只是被负责实施保护机制的两个关键利益攸关方忽视。相反，所分析的核心权利是通过国际规范和国家政策的复杂混合来理解的。这似乎是一次错失的机会。文章最后认为，虽然在实践中，区域法律条款目前的效果有限，但它们有可能为更广泛的寻求庇护者和难民群体提供更好的保护和权利。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Accounts of Chemical Research 化学-化学综合

CiteScore

31.40

自引率

1.10%

发文量

312

审稿时长

2 months

期刊介绍： Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance. Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.