Statelessness & Citizenship Review最新文献_第2页

A Teleological and Child-Sensitive Interpretation of a Country of Former Habitual Residence for Stateless Children Born Outside Their Parents’ Country of Nationality or Former Habitual Residence 在父母国籍国或常住国以外出生的无国籍儿童对原籍国的目的论和儿童敏感解读

Statelessness & Citizenship Review Pub Date : 2022-07-20 DOI: 10.35715/scr4001112

Sharelle Aitchison

{"title":"A Teleological and Child-Sensitive Interpretation of a Country of Former Habitual Residence for Stateless Children Born Outside Their Parents’ Country of Nationality or Former Habitual Residence","authors":"Sharelle Aitchison","doi":"10.35715/scr4001112","DOIUrl":"https://doi.org/10.35715/scr4001112","url":null,"abstract":"The notion of a country of former habitual residence — as the functional equivalent of a country of nationality for stateless individuals and the reference point for the ‘being persecuted’ inquiry in art 1A(2) of the Convention relating to the Status of Refugees — is an ill fit for stateless children born outside the country of nationality or former habitual residence of their parent(s). On a plain, ordinary reading of the definition, stateless children born in the country of refuge have neither a nationality nor a former habitual residence and fall outside the ambit of the refugee definition. In a similar fashion, stateless children born prior to arrival in the country of refuge (but not in the country of nationality or designated country of former habitual residence of their parent(s)) are unable to establish the country of reference element, as read with all other indicia of refugeehood. In the context of concurrent family claims, this predicament exposes an obvious inequity of access to refugee status and a consequent risk of refoulement to serious harm, as such children may face return to the country of nationality or former habitual residence of their parent(s). While the dominant tide of jurisprudence supports a literal interpretation of the notion, Michelle Foster and Hélène Lambert have identified a purposive pathway, better aligned with the humanitarian scope of the refugee definition. For such applicants, this interpretation allows for the determination of country of reference in combination with forward-looking considerations on their returnability and risk of persecution upon return. This article endorses such an interpretation and comprehensively charts a child-sensitive approach to applying the criteria for refugee status (historically formulated from an adult-oriented perspective), by exploring what child-specific interests might better inform the notion in the context of the individualised refugee assessment of concurrent family claims.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"212 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122841006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comment on the Zhao Case 对赵案的评论

Statelessness & Citizenship Review Pub Date : 2022-07-20 DOI: 10.35715/scr4001118

Thomas McGee, Yoana I. Kuzmova

引用次数: 0

Undocumented Children in Iran 伊朗无证儿童

Statelessness & Citizenship Review Pub Date : 2022-07-20 DOI: 10.35715/scr4001117

Z. Abtahi, Keyvan Zamani, M. Potocky

引用次数: 0

Beyond Statelessness: 'Unchilding' and the Health of Palestinian Children in Jerusalem 超越无国籍:耶路撒冷巴勒斯坦儿童的"无子女"和健康

Statelessness & Citizenship Review Pub Date : 2022-07-20 DOI: 10.35715/scr4001115

Osama Tanous, Bram Wispelwey, Rania Muhareb

引用次数: 4

Making their Days Count 让他们的日子过得有意义

Statelessness & Citizenship Review Pub Date : 2022-07-20 DOI: 10.35715/scr40011116

B. Mezmur

引用次数: 0

R (Begum) v Special Immigration Appeals Commission; R (Begum) v Secretary of State for the Home Department; Begum v Secretary of State for the Home Department [2021] UKSC 7, [2021] AC 765 R (Begum)诉特别移民上诉委员会;R (Begum)诉内政部国务秘书;Begum诉内政部国务大臣[2021]UKSC 7， [2021] AC 765

Statelessness & Citizenship Review Pub Date : 2022-07-20 DOI: 10.35715/scr40011111

E. Fripp

引用次数: 1

Statelessness and Young Children 无国籍和儿童

Statelessness & Citizenship Review Pub Date : 2022-07-20 DOI: 10.35715/scr4001119

Aisha K. Yousafzai, J. Lombardi, Erum Mariam, Tina Hyder, Zarlasht Halaimzai

引用次数: 1

Nationality of Foundlings: Avoiding Statelessness among Children of Unknown Parents under International Nationality Law By Mai Kaneko-Iwase 弃婴的国籍:在国际国籍法下避免父母不明的儿童无国籍

Statelessness & Citizenship Review Pub Date : 2022-07-20 DOI: 10.35715/scr40011114

Betsy L. Fisher

引用次数: 0

Protecting Minorities from De Facto Statelessness: Birthright Citizenship in the United States 保护少数民族免于事实上的无国籍状态:美国的出生公民权

Statelessness & Citizenship Review Pub Date : 2022-07-20 DOI: 10.35715/scr4001114

Michael Sullivan

{"title":"Protecting Minorities from De Facto Statelessness: Birthright Citizenship in the United States","authors":"Michael Sullivan","doi":"10.35715/scr4001114","DOIUrl":"https://doi.org/10.35715/scr4001114","url":null,"abstract":"Birthright citizenship is the subject of intense political debate in the United States because of its connection to the debate over unauthorised immigration and the inclusion of national minorities. Similar debates have taken place in other common law countries, leading to the restriction of jus soli birthright citizenship in the United Kingdom, Australia, New Zealand and Ireland. The Supreme Court of the United States and United States Department of State’s interpretation of the Citizenship Clause in § 1 of the Fourteenth Amendment ensures that all ‘persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States’, including the children of unauthorised immigrants. This article argues that the rule of jus soli birthright citizenship in the United States is rooted in an older understanding of the birthright of native-born British subjects, and later, American citizens, to enjoy the birthright of protections and an ever-expanding set of rights based on where they were born, regardless of the status of their parents. Stated in a way that included the children of slaves and immigrants as citizens based on their birthplace alone, jus soli birthright citizenship in the United States remains a powerful tool of inclusion for marginalised minority groups.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131237327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Views Adopted by the UN Human Rights Committee Under Article 5(4) of the Optional Protocol, concerning Communication No 2918/2016 联合国人权事务委员会根据《任择议定书》第5条第4款就第2918/2016号来文通过的意见

Statelessness & Citizenship Review Pub Date : 2022-07-20 DOI: 10.35715/scr40011110

Rodolfo Ribeiro Coutinho Marques Coutinho Marques

引用次数: 0

Statelessness &amp; Citizenship Review最新文献

Statelessness & Citizenship Review最新文献