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Author: Thomas Gammeltoft-Hansen Publisher: Cambridge University Press ISBN: 113950116X Category : Political Science Languages : en Pages : 309
Book Description
Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
Author: Maria O'Sullivan Publisher: Bloomsbury Publishing ISBN: 1509901302 Category : Law Languages : en Pages : 409
Book Description
This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure – which the editors have termed 'access to justice'. To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law.
Author: Violeta Moreno Lax Publisher: Oxford Studies in European Law ISBN: 9780198701002 Category : Law Languages : en Pages : 0
Book Description
Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.
Author: Thomas Gammeltoft-Hansen Publisher: Cambridge University Press ISBN: 113950116X Category : Political Science Languages : en Pages : 309
Book Description
Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
Author: Birgit Glorius Publisher: Springer Nature ISBN: 3030256669 Category : Social Science Languages : en Pages : 268
Book Description
This open access book describes how the numerous arrivals of asylum seekers since 2015 shaped reception and integration processes in Europe. It addresses the structuration of asylum and reception systems, and spaces and places of reception on European, national, regional and local level. It also analyses perceptions and discourses on asylum and refugees, their evolvement and the consequences for policy development. Furthermore, it examines practices and policy developments in the field of refugee reception and integration. The volume shows and explains a variety of refugee reception and integration strategies and practices as specific outcome of multilevel governance processes in Europe. By addressing and contextualizing those multiple experiences of asylum seeker reception, the book is a valuable contribution to the literature on migration and integration, societal development and political culture in Europe.
Author: Julia Dahlvik Publisher: Springer ISBN: 3319633066 Category : Social Science Languages : en Pages : 219
Book Description
This open access monograph provides sociological insight into governmental action on the administration of asylum in the European context. It offers an in-depth understanding of how decision-making officials encounter and respond to structural contradictions in the asylum procedure produced by diverging legal, political, and administrative objectives. The study focuses on structural aspects on the one hand, such as legal and organisational elements, and aspects of agency on the other hand, examining the social practices and processes going on at the frontside and the backside of the administrative asylum system. Coverage is based on a case study using ethnographic methods, including qualitative interviews, participant observation, as well as artefact analysis. This case study is positioned within a broader context and allows for comparison within and beyond the European system, building a bridge to the international scientific community. In addition, the author links the empirical findings to sociological theory. She explains the identified patterns of social practice in asylum administration along the theories of social practices, social construction and structuration. This helps to contribute to the often missing theoretical development in this particular field of research. Overall, this book provides a sociological contribution to a key issue in today's debate on immigration in Europe and beyond. It will appeal to researchers, policy makers, administrators, and practitioners as well as students and readers interested in immigration and asylum.
Author: Aldo Rosano Publisher: Springer ISBN: 3319736302 Category : Medical Languages : en Pages : 119
Book Description
This salient volume surveys the state of access to primary care and preventive health services by migrants, refugees, and asylum seekers across Europe. Experts in public health and allied fields identify obstacles to healthcare interventions for migrants, including costs, legal status, health-related behaviors and beliefs, and cultural and language barriers. The book includes the latest data concerning access to specific preventive services (e.g., vaccinations, colorectal screenings), specific issues of women and sexual minorities, and the potential for health promotion in prevention. Best practices for improving access are outlined as a basis for public health and policy directives toward reducing health disparities between migrant and native populations. Among the topics covered: Access to medical examination for prevention among migrants Access and barriers to infant vaccinations, female cancer screening and colorectal screening among migrant populations Provision and policy gap between the primary and preventive care required by and the care provided to LGBTQ+ migrants, refugees, and asylum seekers. Health related lifestyles and intermediate health conditions of migrants. Quality of primary healthcare and preventive health services provided to migrants Adaptations of primary health care for migrants Access to primary health care and policies on migration and health at a time of economic crisis Dedicated to bridging research and policy gaps in this vital area, Primary Care Access and Preventive Health Services of Migrants is intended for an international audience of academics, researchers, policymakers, and practitioners in public health and related disciplines.
Author: Maria O'Sullivan Publisher: Bloomsbury Publishing ISBN: 1509901299 Category : Law Languages : en Pages : 335
Book Description
This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure – which the editors have termed 'access to justice'. To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law.
Author: Emma Dunlop Publisher: Oxford University Press ISBN: 0198885709 Category : Law Languages : en Pages : 321
Book Description
In Access to Courts for Asylum Seekers and Refugees, Emma Dunlop focuses on the scope and content of article 16 of the 1951 Refugee Convention. Under this article, States are obligated to provide asylum seekers and refugees with access to courts. This obligation entails a requirement to ensure 'effective' access, which may call for accommodations to be made to address individual vulnerabilities -where, for example, a person does not speak the language of the court or lacks easy access to a lawyer. It also guarantees additional rights to those who have attained 'habitual residence' in the host country. Access to courts is a critical gateway right, the denial of which can prevent a person from defending other rights under domestic law. Yet, until now, article 16 has not received extensive scrutiny. In the first dedicated monograph on article 16 of the 1951 Convention, Dunlop positions the article within the broader context of international human rights law, customary international law, and general principles of law, presenting a comprehensive account of asylum seekers' and refugees' right of access to courts. Taking an evolutionary approach to treaty interpretation, the book interrogates the scope and content of the article, evaluating the extent of its obligations. Despite developments in international human rights law since the article's adoption, Access to Courts for Asylum Seekers and Refugees argues that it remains a relevant and robust source of protection. Offering rigorous and reasoned analysis of this critical provision, Dunlop advances a principled approach to interpreting article 16.
Author: Mariagiulia Giuffré Publisher: Bloomsbury Publishing ISBN: 150990252X Category : Law Languages : en Pages : 322
Book Description
This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.
Author: Rawan Diab Publisher: Transnational Press London ISBN: 1801352356 Category : Law Languages : en Pages : 227
Book Description
Step into the heart of one of the most pressing issues of our time with Rawan Diab's book, "The Right to Asylum in International Law and Legal Philosophy - The Syrian Conflict and Refugee Crisis." Diab navigates the intricate web of migration, shedding light on the historical, political, and philosophical dimensions that have shaped our world with particular reference to the Syrian Conflict and refugee crisis. In a century marked by unprecedented global migration, Diab delves into the myriad challenges faced by individuals seeking refuge from extreme poverty, internal conflicts, and environmental disasters. Focusing on the Syrian conflict and the refugee crisis, this book provides a profound examination of the factors driving migration, the evolving landscape of international law, and the philosophical underpinnings of open borders. Diab's work confronts the stark realities faced by asylum seekers, particularly those from regions like Syria, Libya, Iraq, Somalia, and Azerbaijan. The author scrutinizes the complexities of migration policies, the reluctance of "modern States" to open their borders, and the poignant struggles of those who seek safety and security. With a meticulous analytical approach, the book addresses pivotal questions surrounding the right to leave, the right to stay, and the future of global migration policies. From the legal foundations outlined in the Universal Declaration of Human Rights to the intricate workings of the principle of non-refoulement, Diab weaves a comprehensive narrative that engages scholars, policymakers, and concerned citizens alike. "The Right to Asylum in International Law and Legal Philosophy" is not just a book; it's a journey into the heart of human rights, justice, and the very fabric of our interconnected world. Rawan Diab invites you to explore, learn, and be part of the discourse shaping the future of migration. Order your copy today and become a participant in this vital conversation. CONTENTS: Introduction First Chapter: Terminology Second Chapter: Is There a Right to Leave? Third Chapter: Is There a Right to Stay? Conclusion
Author: Thomas Gammeltoft-Hansen
Author: Maria O'Sullivan
Author: Violeta Moreno Lax
Author: Thomas Gammeltoft-Hansen
Author: Birgit Glorius
Author: Julia Dahlvik
Author: Aldo Rosano
Author: Maria O'Sullivan
Author: Emma Dunlop
Author: Mariagiulia Giuffré
Author: Rawan Diab