International Journal of Refugee Law最新文献_第2页

Rape Myths in the European Court of Human Rights’ Non-Refoulement Case Law on Sexual and Gender-Based Violence 欧洲人权法院关于性暴力和基于性别的暴力的不驱回判例法中的强奸神话

IF 1.2

International Journal of Refugee Law Pub Date : 2023-12-01 DOI: 10.1093/ijrl/eead029

Lore Roels

{"title":"Rape Myths in the European Court of Human Rights’ Non-Refoulement Case Law on Sexual and Gender-Based Violence","authors":"Lore Roels","doi":"10.1093/ijrl/eead029","DOIUrl":"https://doi.org/10.1093/ijrl/eead029","url":null,"abstract":"The criminal justice and the refugee/human rights systems operate within different procedural and substantive frameworks. However, analysis of the European Court of Human Rights’ case law reveals a significant parallel between the two, namely judges’ acceptance of ‘rape myths’ in making their decisions. Criminal justice scholarship has defined rape myths as stereotyped and false beliefs about rape (including about victims and perpetrators). This article translates the concept to the refugee/human rights context and extends it to other forms of sexual or gender-based violence (SGBV) as well. It identifies four specific SGBV myths in the court’s non-refoulement case law: non-reporting of SGBV in the country of origin equals non-exhaustion of local remedies or protection (institutional scope: section 4.1); the existence of a private (male) support network suffices to protect an applicant from SGBV (interpersonal scope: section 4.2); resourceful applicants do not need protection against SGBV (personal scope: section 4.3); and any vagueness, incompleteness, or inconsistency in SGBV disclosures indicates a false or exaggerated story (narrative scope: section 4.4). These types of reasoning not only lack evidence-based grounds, but also demonstrate a striking lack of understanding of the nature of SGBV and the protection needs of its survivors/victims. In theory, SGBV has been recognized as a form of ill-treatment deserving protection from refoulement. In practice, however, access to this protection is hindered by a tendency to use SGBV myths in (credibility) assessments of applicants who fear ill-treatment on the basis of SGBV. While the exact meaning of gender-sensitive non-refoulement assessments remains undefined, it cannot entail the practices of SGBV myth acceptance uncovered in this article.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":"19 3","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138510104","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

Saudi Arabia and the International Refugee Regime 沙特阿拉伯与国际难民制度

IF 1.2

International Journal of Refugee Law Pub Date : 2023-11-21 DOI: 10.1093/ijrl/eead027

Maja Janmyr, Charlotte Lysa

{"title":"Saudi Arabia and the International Refugee Regime","authors":"Maja Janmyr, Charlotte Lysa","doi":"10.1093/ijrl/eead027","DOIUrl":"https://doi.org/10.1093/ijrl/eead027","url":null,"abstract":"As a non-signatory to the 1951 Refugee Convention and its 1967 Protocol, Saudi Arabia is often portrayed as a State that refuses engagement with the global legal norms and supporting institutions focused on the protection of refugees. This article contends that this is not the case, and closely examines Saudi Arabia’s relationship with the international refugee regime by asking what was Saudi Arabia’s role in the drafting of the main refugee protection instruments, and what is its approach – past and present – to acceding to the 1951 Convention? How does Saudi Arabia engage with the United Nations High Commissioner for Refugees (UNHCR) – on the global plane but also through UNHCR’s activities in the country? Drawing on hitherto unresearched material from the UNHCR archives pertaining to the years 1962–94, as well as interviews with key government and UNHCR actors, this article argues that Saudi Arabia engages substantively with the international refugee regime. It discusses how Saudi Arabia participated in the drafting processes of the main refugee protection instruments and shows that accession to the 1951 Convention appears to have been seriously considered at certain junctures. The article also explores Saudi Arabia’s relationship with UNHCR. In addition to focusing on Saudi Arabia’s role in the UNHCR Executive Committee, it looks more closely at UNHCR’s activities in the country, identifying three phases of UNHCR involvement – establishment (1987–97), expansion (1998–2005), and consolidation (2005–). It finds that UNHCR’s approach to Saudi Arabia is characterized by pragmatism rather than by principle, and that Saudi Arabia has been able to influence the way UNHCR implements its mandate in the country, as well as beyond. Importantly, Saudi Arabia is a gatekeeper for UNHCR operations in the Gulf region and in Muslim-majority countries more generally. Similarly, UNHCR is an important vessel for Saudi Arabian humanitarianism.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":"10 8","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138510083","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

Adjudication of Procedural Safeguards for Vulnerable Asylum Seekers in Greece: Case Law and Systemic Non-Compliance 裁定对希腊弱势寻求庇护者的程序保障:判例法和系统性违规

International Journal of Refugee Law Pub Date : 2023-10-20 DOI: 10.1093/ijrl/eead024

Minos Mouzourakis

引用次数: 0

Statelessness and Nationality Matters in the context of Migration between Northern Africa and Spain 北非和西班牙之间移民背景下的无国籍状态和国籍问题

International Journal of Refugee Law Pub Date : 2023-10-20 DOI: 10.1093/ijrl/eead023

Michel Remi Njiki

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Risk and the Reasonable Refugee: Exploring a Key Credibility Inference in Canadian Refugee Status Rejections 风险与合理难民:探索加拿大难民身份拒绝的关键可信度推断

IF 1.2

International Journal of Refugee Law Pub Date : 2023-08-24 DOI: 10.1093/ijrl/eead022

Hilary Evans Cameron

{"title":"Risk and the Reasonable Refugee: Exploring a Key Credibility Inference in Canadian Refugee Status Rejections","authors":"Hilary Evans Cameron","doi":"10.1093/ijrl/eead022","DOIUrl":"https://doi.org/10.1093/ijrl/eead022","url":null,"abstract":"\u0000 This mixed-methods study analyses a sample of 303 rejections of refugee claims by Canadian refugee status adjudicators. It explores the role that inferences about the claimant’s risk response play in supporting the adjudicators’ conclusions that the claimant is lying. In justifying their negative credibility conclusions, the adjudicators in almost two out of three decisions (63%) cited the claimant’s risk response. They often measured the claimant against a general idealized standard: in the face of an alleged danger, the claimant did not act like a ‘person at risk’. This approach brings to refugee law the confusion that characterizes the common law’s most famous fiction. Like the ‘reasonable man’, the ‘person at risk’ blurs the lines between descriptive analyses aimed at understanding how a person would have acted and normative analyses aimed at establishing how a person should have acted. Moreover, in deciding how a ‘person at risk’ would act, the adjudicators did not consider social scientific sources. For many decades, researchers have investigated how human beings respond to potentially deadly threats such as natural hazards, lethal illnesses, attacks, and assaults. The adjudicators’ reasoning, resting on common sense alone, often ran counter to key insights that emerge from this body of research. This study’s findings suggest that refugee systems must guard against the use of normative standards in drawing credibility inferences from a claimant’s risk response, and that they must do more to ensure that social scientific evidence informs these judgments. Evidence about human risk response should be on the record in every refugee hearing.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":"1 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41749170","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

A Requirement of Shame: On the Evolution of the Protection of LGB Refugees 羞耻的要求：论LGB难民保护的演变

IF 1.2

International Journal of Refugee Law Pub Date : 2023-07-11 DOI: 10.1093/ijrl/eead008

Karin Åberg

{"title":"A Requirement of Shame: On the Evolution of the Protection of LGB Refugees","authors":"Karin Åberg","doi":"10.1093/ijrl/eead008","DOIUrl":"https://doi.org/10.1093/ijrl/eead008","url":null,"abstract":"\u0000 The particular difficulties that lesbian, gay, and bisexual refugees face when applying for asylum are in constant flux. As one issue is removed, another takes its place. This article provides a historical overview of these developments and shows how attempts to include lesbian, gay, and bisexual people and their experiences have transformed shame into an implicit legal requirement in certain countries, in particular, Sweden and the Netherlands. While the implementation of the Difference, Stigma, Shame, and Harm (DSSH) model aimed to promote open-ended conversations about the fluidity of sexual orientation, in the contexts examined in this study, it has arguably led to a set of legal requirements that emphasize suffering and internalized homophobia. Further, the article argues that, as developments in refugee law have centred the procedural focus on the credibility of the applicant and have formulated sexual orientation as a fixed identity, this identity has become a decisive requirement in the bureaucracy of border control. In addition, the understanding of this lesbian, gay, or bisexual refugee identity has, in turn, been influenced by colonial perceptions of homophobia and sexuality.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44099298","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

Migration Deals Seen through the Lens of the ICESCR 从《经济、社会、文化权利国际公约》看移民协议

IF 1.2

International Journal of Refugee Law Pub Date : 2023-07-11 DOI: 10.1093/ijrl/eead010

Annick Pijnenburg

{"title":"Migration Deals Seen through the Lens of the ICESCR","authors":"Annick Pijnenburg","doi":"10.1093/ijrl/eead010","DOIUrl":"https://doi.org/10.1093/ijrl/eead010","url":null,"abstract":"\u0000 Human rights violations in the context of migration deals have received considerable attention, especially when it comes to more frequently explored human rights such as the principle of non-refoulement, the right to life, and the prohibition on torture. However, such deals also have a negative impact on the socio-economic rights of people on the move, who often live in dire conditions and lack access to education, health care, and work. This article therefore seeks to answer the following question: to what extent do European Union Member States have obligations under the International Covenant on Economic, Social and Cultural Rights towards people on the move contained in third countries as a result of migration deals? The analysis shows that EU Member States may have two types of obligations and examines their nature and scope. First, EU Member States have direct obligations when exercising extraterritorial jurisdiction. This is the case when they can take reasonable measures to avoid reasonably foreseeable human rights violations that result from migration deals. Secondly, they may also have global obligations within the framework of international assistance and cooperation. While the nature and scope of these obligations remain unclear, this article explores whether EU Member States have an obligation to provide international assistance and cooperation to third countries that host people on the move as a result of migration deals. It also examines whether EU Member States can comply with their obligations of international assistance and cooperation by cooperating with third countries on migration control. The article uses the examples of European migration deals with Turkey and Libya to illustrate the analysis.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46223078","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}

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Statelessness Determination Procedures and the Right to Nationality: Nigeria in Comparative Perspective 无国籍状态确定程序与国籍权：从比较角度看尼日利亚

IF 1.2

International Journal of Refugee Law Pub Date : 2023-06-01 DOI: 10.1093/ijrl/eead018

O. Enigbokan

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Administrative Law in Action: Immigration Administration 行政法在行动：移民管理

IF 1.2

International Journal of Refugee Law Pub Date : 2023-06-01 DOI: 10.1093/ijrl/eead017

Helen Toner

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The Legal Aid Market 法律援助市场