Hybrid journal (It can contain Open Access articles) ISSN (Print) 0953-8186 - ISSN (Online) 1464-3715 Published by Oxford University Press[370 journals]
Authors:Wall P. Pages: 201 - 237 Abstract: AbstractReflecting upon the 50th anniversary of the conclusion of the 1967 Protocol relating to the Status of Refugees, this article argues that it is time for the first two links in the chain of the international refugee protection regime – the 1951 Convention and the 1967 Protocol – to be joined by a third. This third link, it is argued, should take the form of a mechanism designed to distribute more equitably between States the responsibility to provide protection and durable solutions for refugees and suggests that a tool developed by international environmental lawyers – the framework convention – could form the basis for coordinated, incremental improvement. After exploring the notion of responsibility sharing in international refugee law and examining the manner in which international environmental lawyers have tackled similar collective action problems, the article sets out the key elements of a proposed Framework Convention for Refugee Responsibility Sharing. It argues that such a convention would be: capable of being widely ratified, and thus able to serve as a forum for global efforts; principled; comprehensive; accountable; capable of linking issues so as to better serve the interests of States and refugees; and able to serve as a forum for the discussion and generation of new and innovative ideas. The article argues that there is, therefore, every reason to believe that a framework convention would lead to a more equitable sharing of responsibility for the world’s refugees, as well as an increase in the overall level of protection and the number and quality of durable solutions available. PubDate: 2017-07-25 DOI: 10.1093/ijrl/eex025 Issue No:Vol. 29, No. 2 (2017)
Authors:Lelliott J. Pages: 238 - 269 Abstract: AbstractIrregular migration by unaccompanied minors has become an increasingly prevalent global issue. Unaccompanied minors who have fled their countries of origin, often due to persecution, violence, or poverty, present an opportunity for migrant smugglers and human traffickers who exploit their unique vulnerabilities and dependence. Smuggling and trafficking are often fluid, interrelated phenomena, making practical distinctions difficult. This article explores the protection of smuggled and trafficked unaccompanied minors under the United Nations Protocols against the Smuggling of Migrants and Trafficking in Persons. While each Protocol includes mandatory provisions pertaining to criminalization, it explains that neither Protocol adequately protects unaccompanied minors, addresses their unique vulnerabilities, or accounts for the often-blurred distinction between minors who are smuggled migrants and minors who are victims of trafficking. In light of these issues, this article argues that a coherent, protection-based approach, founded on international human rights and refugee law, is necessary. This article outlines rights and principles integral to such an approach, and analyses their particular application to smuggled and trafficked unaccompanied minors. It posits that the emphasis on criminal, preventative, and border control aspects of smuggling and trafficking comes at the expense of more nuanced understandings of the experiences and vulnerabilities of smuggled and trafficked unaccompanied minors, despite the pressing and evident need for a more substantive framework for their protection. PubDate: 2017-07-11 DOI: 10.1093/ijrl/eex024 Issue No:Vol. 29, No. 2 (2017)
Authors:Wilding J. Pages: 270 - 291 Abstract: AbstractThe United Kingdom’s Children Act 1989 provides that unaccompanied children claiming asylum in the UK are looked after by the local authority in whose area they first come to officials’ attention. Unlike adults, they are not subject to ‘dispersal’ to other parts of the country under the Asylum and Immigration Act 1999. This has created an uneven pattern of asylum-seeker children across the country, who have no choice about where they live and are concentrated in a few geographical areas, typically near ports and administrative hubs. That, in turn, has produced unmitigated pressure on local services while fostering a view in other areas that the children are someone else’s ‘problem’ rather than a shared responsibility for the country. This article maps the distribution of unaccompanied children in England. It considers the effects of this geographical concentration on the care of children, based on qualitative interviews with unaccompanied children and young people, and adults working with them. These interviews are analysed through the lens of the requirement in the United Nations Convention on the Rights of the Child that States must act in the best interests of the child. The support structure around each child is conceptualized as the ‘holding environment’ in which they live and develop, drawing on an idea developed by the British psychologist Donald Winnicott. It is argued that neither children’s legal rights, nor their best interests, are best served by living in areas of high concentration. However, the article also criticizes the language of ‘dispersal’ and ‘burden sharing’ in the wider debate on refugee reception. Finally, it analyses responsibility-sharing models from France and Austria, and a similar model operating between different boroughs in London, concluding that the laws and practices which exist do not fully comply with the ‘best interests’ principle, often because of a failure to properly fund transfer and care arrangements. PubDate: 2017-05-23 DOI: 10.1093/ijrl/eex019 Issue No:Vol. 29, No. 2 (2017)
Authors:Dawson J; Gerber P. Pages: 292 - 322 Abstract: AbstractAlthough, in recent decades, the rights of lesbian, gay, bisexual, transgender, and intersex persons have been better protected, there remains significant room for improvement in the way claims for asylum based on sexual orientation, gender identity, and intersex status are assessed. Those claiming refugee status because they have a well-founded fear of persecution based on such issues continue to be asked inappropriate questions. The relatively new Difference, Stigma, Shame, and Harm (DSSH) model proposes that interviews to determine whether a person is a refugee should focus on eliciting asylum seekers’ perceptions of the difference, stigma, shame, and harm they have experienced. This model is being used by a number of States, and has been endorsed by the United Nations High Commissioner for Refugees, but has yet to be the subject of rigorous scholarly analysis. This article seeks to fill this gap, and examines, in particular, whether it is an appropriate model for assessing the refugee claims of women seeking asylum based on persecution on account of their sexual orientation. PubDate: 2017-07-25 DOI: 10.1093/ijrl/eex022 Issue No:Vol. 29, No. 2 (2017)
Authors:Gilbert G. Pages: 323 - 326 Abstract: With an irony that did not go unnoticed, President Trump signed an Executive Order, Protecting the Nation from Foreign Terrorist Entry into the United States, on 27 January 2017,11 Holocaust Memorial Day, which denied entry to refugees and appeared to prioritize some religions over others. As Maryellen Fullerton’s article in this issue makes clear,22 litigation prevented that Executive Order from coming into effect and, on 6 March 2017, a new one was promulgated.33 That, too, as at 30 April 2017, is subject to litigation and its implementation is pending. This note looks briefly at the overall strategy as it pertains to refugees and asylum seekers and its compliance with international law. States can protect their borders, but there are limits on how that can be achieved. PubDate: 2017-09-26 DOI: 10.1093/ijrl/eex020 Issue No:Vol. 29, No. 2 (2017)
Authors:Fullerton M. Pages: 327 - 338 Abstract: We live in tumultuous times. Since Donald Trump was inaugurated as President of the United States a few short months ago, the political scene in the US has been marked by mass demonstrations, boldface headlines, and tweets in the middle of the night. The mood is one of political crisis. The President’s National Security Advisor resigned less than one month after taking office, when it was revealed that he had provided false information concerning his meetings with foreign officials. The Attorney General, after having been narrowly confirmed, was found to have falsely described his contact with Russian officials and forced to recuse himself from investigations into Russian interference in the 2016 presidential election. The Federal Bureau of Investigation (FBI) Director went to Capitol Hill to testify that there was no evidence to support President Trump’s accusation that he had been wiretapped by his predecessor, Barack Obama. Legislative attempts to repeal the healthcare law ended in disarray. PubDate: 2017-09-26 DOI: 10.1093/ijrl/eex021 Issue No:Vol. 29, No. 2 (2017)
Authors:Muraszkiewicz J. Pages: 382 - 385 Abstract: ChetailVincent, De BruyckerPhilippe, and MaianiFrancesco (eds), Reforming the Common European Asylum System: The New European Refugee Law (Brill Nijhoff, Leiden and Boston2016) vii + 541 pp, ISBN 978-90-04-30865-7 (hbk), 978-90-04-30866-4 (ebk) PubDate: 2017-09-26 DOI: 10.1093/ijrl/eex028 Issue No:Vol. 29, No. 2 (2017)
Pages: 386 - 386 Abstract: Lack of State Protection or Fear of Persecution' Determining the Refugee Status of North Koreans in Canada PubDate: 2017-09-26 DOI: 10.1093/ijrl/eex023 Issue No:Vol. 29, No. 2 (2017)
Pages: 387 - 387 Abstract: Assessing the Refugee Claims of LGBTI People: Is the DSSH Model Useful for Determining Claims by Women for Asylum Based on Sexual Orientation' PubDate: 2017-09-26 DOI: 10.1093/ijrl/eex033 Issue No:Vol. 29, No. 2 (2017)
Hybrid journal (It can contain Open Access articles)
[370 journals]
