International Journal of Refugee Law最新文献_第8页

High Commissioner’s Opening Statement to the 71st Session of the Executive Committee of the High Commissioner’s Programme 高级专员在高级专员方案执行委员会第71届会议上的开幕词

IF 1.2

International Journal of Refugee Law Pub Date : 2021-12-01 DOI: 10.1093/ijrl/eeac016

F. Grandi

引用次数: 0

The Human Rights Approach to ‘Persecution’ and Its Child Rights Discontents “迫害”的人权观及其对儿童权利的不满

IF 1.2

International Journal of Refugee Law Pub Date : 2021-10-29 DOI: 10.1093/IJRL/EEAB039

C. Smyth

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Case Law Summaries 判例法摘要

IF 1.2

International Journal of Refugee Law Pub Date : 2021-10-27 DOI: 10.1093/ijrl/eeab021

引用次数: 0

Corrigendum to: Human Mobility and Human Rights in the COVID-19 Pandemic: Principles of Protection for Migrants, Refugees, and Other Displaced Persons 更正：新冠肺炎大流行病中的人员流动和人权：保护移民、难民和其他流离失所者的原则

IF 1.2

International Journal of Refugee Law Pub Date : 2021-10-23 DOI: 10.1093/ijrl/eeab013

T. Aleinikoff, C. Beyani, I. Byrne, F. Crépeau, J. Csete, G. Goodwin-Gill, W. Kalin, I. M. Kysel, J. McAdam, C. Odinkalu, A. Shea, L. Zamore, M. Zard

引用次数: 0

Nationality, Protection, and ‘the Country of His Nationality’ as the Country of Reference for the Purposes of Article 1A(2) of the 1951 Convention relating to the Status of Refugees 就1951年《关于难民地位的公约》第1A(2)条而言，国籍、保护和“其国籍国”作为参照国

IF 1.2

International Journal of Refugee Law Pub Date : 2021-10-18 DOI: 10.1093/ijrl/eeab037

E. Fripp

{"title":"Nationality, Protection, and ‘the Country of His Nationality’ as the Country of Reference for the Purposes of Article 1A(2) of the 1951 Convention relating to the Status of Refugees","authors":"E. Fripp","doi":"10.1093/ijrl/eeab037","DOIUrl":"https://doi.org/10.1093/ijrl/eeab037","url":null,"abstract":"\u0000 The 1951 Convention relating to the Status of Refugees assumes States to be dominant actors in the international system, important in the refugee law context as potential sources of risk and/or of protection. In the refugee definition at article 1A(2), the nationality (or absence of nationality) of the individual is a central consideration. Entitlement to protection turns in significant part upon whether an individual is ‘outside the country of his nationality’ and ‘unable or … unwilling to avail himself of the protection of that country’ for relevant reason. The phrase ‘the country of his nationality’ is clarified later, in the second paragraph of that article 1A(2), as meaning each country of nationality, where an individual possesses more than one nationality. In contrast, an individual ‘not having a nationality’ is assessed by reference to inability or unwillingness, for qualifying reason, ‘to return to’ a country defined by past residence, not nationality – ‘the country of his former habitual residence’.\u0000 This article examines the underlying significance of States to international refugee law as potential sources both of threat and of protection, and considers the article 1A(2) definition in the case of persons with a nationality, resting on the individual’s position as regards ‘the country of his nationality’. In doing so, it identifies particular national approaches that have treated the concept either as including countries of which an individual is not a national, but to which there is some presumed or real relationship, or as inapplicable to a State of nationality that does not provide a particular level of protection. It then considers the interpretation of the article 1A(2) definition in the case of individuals possessing multiple nationality and, in particular, whether the definition requires that a well-founded fear of persecution for relevant reason must relate directly to every country of nationality before a right to international protection arises.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44053420","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: 1

Southeast Asia and the 1951 Convention relating to the Status of Refugees: Substance without Form? 东南亚与1951年《关于难民地位的公约》:没有形式的实质?

IF 1.2

International Journal of Refugee Law Pub Date : 2021-10-11 DOI: 10.1093/ijrl/eeab035

S. Moretti

{"title":"Southeast Asia and the 1951 Convention relating to the Status of Refugees: Substance without Form?","authors":"S. Moretti","doi":"10.1093/ijrl/eeab035","DOIUrl":"https://doi.org/10.1093/ijrl/eeab035","url":null,"abstract":"\u0000 The 1951 Convention relating to the Status of Refugees, supplemented by its 1967 Protocol, is the most comprehensive and universal instrument adopted to date to safeguard the fundamental rights of refugees and to regulate their status in countries of asylum. Yet, 70 years after its adoption, many countries – most of them in Asia – are unwilling to accede to it. Focusing on the ASEAN States, this article explores the reasons behind Southeast Asia’s resistance to the Refugee Convention, thereby highlighting some of its limitations. Contrary to the so-called ‘rejection’ of the international refugee law approach that currently prevails in the region, this article argues that Southeast Asian States have long recognized that refugees, as defined in the Refugee Convention, need protection. This is evidenced by their de facto different treatment of refugees compared to other irregular migrants, especially when it comes to arrest, detention, and deportation. The fact that non-signatory States act in conformity with the provisions of a treaty by which they are not bound reinforces the relevance of the Convention, if not as a formal source of obligation, at least as a model to delineate the contours of refugee protection. Somewhat ironically, their practice also contributes to the strengthening of international refugee law.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45832041","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: 3

The International Organization for Migration: The New ‘UN Migration Agency’ in Critical Perspective 国际移民组织:批判视角下的新“联合国移民机构”

IF 1.2

International Journal of Refugee Law Pub Date : 2021-10-01 DOI: 10.1093/ijrl/eeac002

Jeff Crisp

引用次数: 0

UNHCR Policy on the Prevention of, Risk Mitigation, and Response to Gender-Based Violence (GBV) 联合国难民署关于预防、减轻风险和应对基于性别的暴力的政策

IF 1.2

International Journal of Refugee Law Pub Date : 2021-10-01 DOI: 10.1093/ijrl/eeac006

引用次数: 8

Between Martyrdom and Silence: Dissent, Duress, and Persecution as the Suppression of Human Rights under the Refugee Convention 在殉难与沉默之间:异议、胁迫与迫害是《难民公约》下对人权的压制

IF 1.2

International Journal of Refugee Law Pub Date : 2021-08-11 DOI: 10.1093/ijrl/eeab025

D. Wilsher

{"title":"Between Martyrdom and Silence: Dissent, Duress, and Persecution as the Suppression of Human Rights under the Refugee Convention","authors":"D. Wilsher","doi":"10.1093/ijrl/eeab025","DOIUrl":"https://doi.org/10.1093/ijrl/eeab025","url":null,"abstract":"\u0000 A real risk of death, torture, violence, or arbitrary detention is generally sufficient to satisfy ‘persecution’ under the Refugee Convention. Where, however, physical harm will only arise if a claimant were to exercise certain human rights upon return, jurisprudential uncertainty reigns. Only a few individuals are impelled to become ‘martyrs’ through open dissent. Courts strongly endorse these dissenters’ entitlement to international protection even if they could avoid retribution through self-censorship. A second group – ‘a silent minority’ – are those who would actually refrain from exercising their rights to avoid physical harm. Most jurisprudence appears to accept that such a situation may sometimes amount to persecution. Unlike martyrs, however, these claimants are required to meet control devices based upon the severity of the human rights restriction, and/or the mental effects of self-censorship on the claimant. These are, however, both arbitrary and unprincipled. This article argues the real harm felt by martyrs and the silent minority is the same: the forcible suppression of their enjoyment of human rights. Importantly, the United Nations High Commissioner for Refugees’ approach to military service, religious, and sexuality cases already embodies this principle. To generalize, this ‘suppressive’ persecution arises when (a) claimants sincerely wish to engage in actions which (b) are international human rights entitlements and (c) they face objective conditions of sufficient duress such that they cannot reasonably assert their rights through civil disobedience. When States or private actors suppress the exercise of rights by duress in this way, those affected suffer a denial of rights amounting to persecution. This analysis should apply whether a claimant would be a martyr or would be intimidated into self-censorship.","PeriodicalId":45807,"journal":{"name":"International Journal of Refugee Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43073034","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

The Limits of Static Interests: Appreciating Asylum Seekers’ Contributions to a Country’s Economy in Article 8 ECHR Adjudication on Expulsion 静态利益的限制:从《欧洲人权公约》第8条驱逐裁决看寻求庇护者对一国经济的贡献

IF 1.2

International Journal of Refugee Law Pub Date : 2021-07-30 DOI: 10.1093/ijrl/eeab023

Adel-Naim Reyhani, Gloria Golmohammadi

引用次数: 1