The Rights of Refugees under International LawThis book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law. |
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Cuprins
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| 31 | |
| 34 | |
| 39 | |
414 Individuated exceptions | 342 |
415 Qualified duty in the case of mass influx | 355 |
476 An expanded concept of nonrefoulement? | 363 |
42 Freedom from arbitrary detention and penalization for illegal entry | 370 |
421 Beneficiaries of protection | 388 |
423 Expulsion | 412 |
424 Provisional detention and other restrictions on freedom of movement | 413 |
43 Physical security | 439 |
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| 48 | |
| 49 | |
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| 55 | |
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| 98 | |
| 108 | |
| 110 | |
| 112 | |
| 118 | |
| 119 | |
| 123 | |
256 International aliens law | 147 |
The structure of entitlement under the Refugee Convention | 154 |
31 Attachment to the asylum state | 156 |
311 Subject to a states jurisdiction | 160 |
312 Physical presence | 171 |
313 Lawful presence | 173 |
314 Lawful stay | 186 |
315 Durable residence | 190 |
32 The general standard of treatment | 192 |
321 Assimilation to aliens | 196 |
322 Exemption from reciprocity Refugee Convention Art 7 Exemption from reciprocity | 200 |
323 Exemption from insurmountable requirements | 205 |
324 Rights governed by personal status | 209 |
33 Exceptional standards of treatment | 228 |
331 Mostfavorednational treatment | 230 |
332 National treatment | 234 |
333 Absolute rights | 237 |
34 Prohibition of discrimination between and among refugees | 238 |
35 Restrictions on refugee rights | 260 |
351 Suspension of rights for reasons of national security | 261 |
352 Exemption from exceptional measures | 270 |
Rights of refugees physically present | 278 |
41 Right to enter and remain in an asylum state nonrefoulement | 279 |
411 Beneficiaries of protection | 302 |
412 Nature of the duty ononrefoulement | 307 |
413 Extraterritorial refoulement | 335 |
431 Right to life | 450 |
432 Freedom from torture cruel inhuman or degrading treatment | 453 |
433 Security of person | 457 |
44 Necessities of life | 460 |
441 Freedom from deprivation | 461 |
442 Access to food and shelter | 471 |
443 Access to healthcare | 507 |
45 Property rights | 514 |
451 Movable and immovable property rights | 517 |
452 Tax equity | 527 |
46 Family unity | 533 |
47 Freedom of thought conscience and religion | 560 |
48 Education | 584 |
49 Documentation of identity and status | 614 |
410 Judicial and administrative assistance | 626 |
Rights of refugees lawfully present | 657 |
51 Protection from expulsion | 659 |
52 Freedom of residence and internal movement | 695 |
53 Selfemployment | 719 |
Rights of refugees lawfully staying | 730 |
611 Wageearning employment | 739 |
672 Fair working conditions | 763 |
613 Social security | 772 |
62 Professional practice | 786 |
63 Public relief and assistance | 800 |
64 Housing | 813 |
65 Intellectual property rights | 829 |
66 International travel | 840 |
67 Freedom of expression and association | 874 |
68 Assistance to access the courts | 905 |
Rights of solution | 913 |
71 Repatriation | 917 |
72 Voluntary reestablishment | 953 |
73 Resettlement | 963 |
74 Naturalization | 977 |
Challenges to the viability of refugee rights | 991 |
The challenge of enforceability | 992 |
The challenge of political will | 998 |
Convention relating to the Status of Refugees 1951 | 1003 |
Protocol relating to the Status of Reguees 1967 | 1019 |
Universal Declaration of Human Rights 1948 | 1023 |
International Covenant on Civil and Political Rights 1966 | 1030 |
International Covenant on Economics Social and Cultural Rights 1966 | 1050 |
Select bibliography | 1061 |
Index | 1073 |
Alte ediții - Afișează-le pe toate
The Rights of Refugees under International Law James C. Hathaway Nu există previzualizare disponibilă - 2021 |
Termeni și expresii frecvente
accorded adopted aliens allowed application approach arrival assistance asylum asylum-seekers authorities basic basis benefit camps chapter circumstances citizens Civil and Political claim clear Committee concern considered Court Covenant Cultural decided decision detention determined discrimination documents draft duty Economic effect ensure entered entitled equality established European example expulsion fact force formal France freedom French granted grounds Home Human Rights ibid Immigration important individual international law interpretation issue Italy July limited means measures nature obligation observed origin para particular parties persons possible practice present principle protection question reasons recognized reference Refugee Convention refugee status regard relating Report representative residence respect responsibility restrictions result risk rules simply Social specific standard Statement territory tion treatment treaty UN Doc UNHCR United United Kingdom universal
Pasaje populare
Pagina 57 - Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of Article 31, or to determine the meaning when the interpretation according to Article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable.
Pagina 152 - Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
Pagina 122 - All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Pagina 45 - The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Pagina 384 - Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law...
Pagina 486 - The States Parties to the present Covenant recognize the right of everyone: a.
Pagina 33 - In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
Pagina 608 - The development of respect for the natural environment. 2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions...
Informații bibliografice
| Titlu | The Rights of Refugees under International Law |
| Autor | James C. Hathaway |
| Editor | Cambridge University Press, 2005 |
| ISBN | 1139445766, 9781139445764 |
| Lungime | 1184 pagini |
| Exportă citatul | BiBTeX EndNote RefMan |