Download or read online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get book now. This site is like a library, Use search box in the widget to get ebook that you want.

European Asylum Law and the Rights of the Child

European Asylum Law and the Rights of the Child Author Ciara Smyth
ISBN-10 9781135120207
Release 2014-07-11
Pages 250
Download Link Click Here

The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.



Unaccompanied Children in European Migration and Asylum Practices

Unaccompanied Children in European Migration and Asylum Practices Author Mateja Sedmak
ISBN-10 9781317275374
Release 2017-07-06
Pages 190
Download Link Click Here

Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children’s rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children’s rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants’ rights in practice. Authors deconstruct power relations residing within the discourses of children’s rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children’s’ rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors’ survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states’ obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.



Asylum Law in the European Union

Asylum Law in the European Union Author Francesco Cherubini
ISBN-10 9781317804444
Release 2014-11-13
Pages 290
Download Link Click Here

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.



Children s Rights and Refugee Law

Children s Rights and Refugee Law Author Samantha Arnold
ISBN-10 113805271X
Release 2017-08-10
Pages 248
Download Link Click Here

Children, childhood and refugee law -- International children's rights Law -- Children in the development of refugee law -- A children's rights approach to refugee law -- Constructing a children's rights approach: the application of children's rights in refugee law



Unaccompanied Children in European Migration and Asylum Practices

Unaccompanied Children in European Migration and Asylum Practices Author Mateja Sedmak
ISBN-10 9781317275367
Release 2017-07-06
Pages 190
Download Link Click Here

Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children’s rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children’s rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants’ rights in practice. Authors deconstruct power relations residing within the discourses of children’s rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children’s’ rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors’ survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states’ obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.



Asylum Law in the European Union

Asylum Law in the European Union Author Francesco Cherubini
ISBN-10 9781317804451
Release 2014-11-13
Pages 290
Download Link Click Here

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.



Migrant Rights at Work

Migrant Rights at Work Author Laurie Berg
ISBN-10 9781317617808
Release 2015-06-26
Pages 342
Download Link Click Here

Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.



Asylum Seeker and Refugee Protection in Sub Saharan Africa

Asylum Seeker and Refugee Protection in Sub Saharan Africa Author Cristiano d’Orsi
ISBN-10 9781317669821
Release 2015-08-11
Pages 344
Download Link Click Here

It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d’Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.



Gender in Refugee Law

Gender in Refugee Law Author Efrat Arbel
ISBN-10 9781135038113
Release 2014-04-16
Pages 296
Download Link Click Here

Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.



Refugee Protection and the Role of Law

Refugee Protection and the Role of Law Author Susan Kneebone
ISBN-10 9781135046910
Release 2014-06-27
Pages 324
Download Link Click Here

Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?



The European Union as an Area of Freedom Security and Justice

The European Union as an Area of Freedom  Security and Justice Author Maria Fletcher
ISBN-10 9781317573227
Release 2016-11-25
Pages 536
Download Link Click Here

This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ). Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.



The Ashgate Research Companion to Migration Law Theory and Policy

The Ashgate Research Companion to Migration Law  Theory and Policy Author Professor Satvinder S Juss
ISBN-10 9781409472490
Release 2013-04-28
Pages 766
Download Link Click Here

This companion takes stock of the current state of literature on migration law, theory and policy, and sketches out the contours of its future long-term development in what is now a vastly expanded research agenda, thereby providing a definitive and dependable state-of-the-art review of current research in each of the chosen areas.



Syrian Refugee Children in the Middle East and Europe

Syrian Refugee Children in the Middle East and Europe Author Michelle Pace
ISBN-10 9781351169301
Release 2018-04-09
Pages 124
Download Link Click Here

Since the start of the conflict in Syria in 2011, Syrian refugee children have withstood violence, uncertainty, fear, trauma and loss. This book follows their journeys by bringing together scholars and practitioners to reflect on how to make their situation better and to get this knowledge to as many front liners - across European and neighbouring countries in the Middle East - as possible. The book is premised on the underlying conception of refugee children as not merely a vulnerable contingent of the displaced Syrian population, but one that possesses a certain agency for change and progress. In this vein, the various contributions aim to not just de-securitize the ‘conversation’ on migration that frequently centres on the presumed insecurity that refugees personify. They also de-securitize the figure and image of the refugee. Through the stories of the youngest and most vulnerable, they demonstrate that refugee children are not mere opaque figures on who we project our insecurities. Instead, they embody potentials and opportunities for progress that we need to nurture, as young refugees find themselves compelled to both negotiate the practical realities of a life in exile, and situate themselves in changing and unfamiliar sociocultural contexts. Drawing on extensive field research, this edited volume points in the direction of a new rights based framework which will safeguard the future of these children and their well-being. Offering a comparative lens between approaches to tackling refugees in the Middle East and Europe, this book will appeal to students and scholars of refugees and migration studies, human rights, as well as anyone with an interest in the Middle East or Europe.



A Gendered Approach to the Syrian Refugee Crisis

A Gendered Approach to the Syrian Refugee Crisis Author Jane Freedman
ISBN-10 9781315529646
Release 2017-02-24
Pages 180
Download Link Click Here

The refugee crisis that began in 2015 has seen thousands of refugees attempting to reach Europe, principally from Syria. The dangers and difficulties of this journey have been highlighted in the media, as have the political disagreements within Europe over the way to deal with the problem. However, despite the increasing number of women making this journey, there has been little or no analysis of women’s experiences or of the particular difficulties and dangers they may face. A Gendered Approach to the Syrian Refugee Crisis examines women’s experience at all stages of forced migration, from the conflict in Syria, to refugee camps in Lebanon or Turkey, on the journey to the European Union and on arrival in an EU member state. The book deals with women’s experiences, the changing nature of gender relations during forced migration, gendered representations of refugees, and the ways in which EU policies may impact differently on men and women. The book provides a nuanced and complex assessment of the refugee crisis, and shows the importance of analysing differences within the refugee population. Students and scholars of development studies, gender studies, security studies, politics and middle eastern studies will find this book an important guide to the evolving crisis.



The Effectiveness of the UN Human Rights System

The Effectiveness of the UN Human Rights System Author Surya P. Subedi, OBE, QC (Hon)
ISBN-10 9781351778961
Release 2017-05-18
Pages 304
Download Link Click Here

The UN human rights agenda has reached the mature age of 70 years and many UN mechanisms created to implement this agenda are themselves in their middle-age, yet human rights violations are still a daily occurrence around the globe. The scorecard of the UN human rights mechanisms appears impressive in terms of the promotion, spreading of education and engaging States in a dialogue to promote human rights, but when it comes to holding governments to account for violations of these rights, the picture is much more dismal. This book examines the effectiveness of UN mechanisms and suggests measures to reform them in order to create a system that is robust and fit to serve the 21st century. This book casts a critical eye on the rationale and effectiveness of each of the major UN human rights mechanisms, including the Human Rights Council, the human rights treaty bodies, the UN High Commissioner for Human Rights, the UN Special Rapporteurs and other Charter-based bodies. Surya P. Subedi argues most of the UN human rights mechanisms have remained toothless entities and proposes measures to reform and strengthen it by depoliticising the workings of UN human rights mechanisms and judicialising human rights at the international level.



The Securitization of Migration and Refugee Women

The Securitization of Migration and Refugee Women Author Alison Gerard
ISBN-10 9781135982577
Release 2014-05-16
Pages 238
Download Link Click Here

Humanised accounts of restrictions on mobility are rarely the focus of debates on irregular migration. Very little is heard from refugees themselves about why they migrate, their experiences whilst entering the EU or how they navigate reception conditions upon arrival, particularly from a gendered perspective. The Securitization of Migration and Refugee Women fills this gap and explores the journey made by refugee women who have travelled from Somalia to the EU to seek asylum. This book reveals the humanised impact of the securitization of migration, the dominant policy response to irregular migration pursued by governments across the Globe. The Southern EU Member State of Malta finds itself on the frontline of policing and securing Europe’s southern external borders against transnational migrants and preventing migrants’ on-migration to other Member States within the EU. The securitization of migration has been responsible for restricting access to asylum, diluting rights and entitlements to refugee protection, and punishing those who arrive in the EU without valid passports –a visibly racialised and gendered population. The stories of the refugee women interviewed for this research detail the ways in which refugee protection is being eroded, selectively applied and in some cases specifically designed to exclude. In contrast to the majority of migration literature, which has largely focused on the male experience, this book focuses on the experiences of refugee women and aims to contribute to the volume of work dedicated to analysing borders from the perspective of those who cross them. This research strengthens existing criminological literature and has the potential to offer insights to policy makers around the world. It will be of interest to academics and students interested in International Crime and Justice, Securitisation, Refugee Law and Border Control, as well as the general reader.



The Human Rights of Migrants in European Law

The Human Rights of Migrants in European Law Author Cathryn Costello
ISBN-10 9780199644742
Release 2013-04
Pages 350
Download Link Click Here

A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.