The Rights of Refugees under International LawCambridge University Press, 15 sept. 2005 - 1184 pagini This 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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Pagina 108
... committee also thought it advisable to make it clear that the adoption of the present Convention should not impair any greater rights which refugees might enjoy prior to or apart from this Convention " : " Report of the Ad Hoc Committee ...
... committee also thought it advisable to make it clear that the adoption of the present Convention should not impair any greater rights which refugees might enjoy prior to or apart from this Convention " : " Report of the Ad Hoc Committee ...
Pagina 114
... Committee , though it has no power to require compliance with those or any other standards , 152 It is less clear , however , to what extent standards recommended by UNHCR , but which have not been adopted as a Conclusion of its ...
... Committee , though it has no power to require compliance with those or any other standards , 152 It is less clear , however , to what extent standards recommended by UNHCR , but which have not been adopted as a Conclusion of its ...
Pagina 116
... Committee decision - making- will inevitably not be treated as uniquely pertinent , but will instead be considered and weighed as part of a more holistic assessment of the current state of refugee law obligations . Indeed , the recent ...
... Committee decision - making- will inevitably not be treated as uniquely pertinent , but will instead be considered and weighed as part of a more holistic assessment of the current state of refugee law obligations . Indeed , the recent ...
Pagina 120
... Committee has held that rights may not be » 190 185 UNHCR Executive Committee Conclusion No. 81 , " General Conclusion on International Protection " ( 1997 ) , at para . ( e ) , available at www.unhcr.ch ( accessed Nov. 20 , 2004 ) ...
... Committee has held that rights may not be » 190 185 UNHCR Executive Committee Conclusion No. 81 , " General Conclusion on International Protection " ( 1997 ) , at para . ( e ) , available at www.unhcr.ch ( accessed Nov. 20 , 2004 ) ...
Pagina 127
... Committee , " General Comment No. 15 : The position of aliens under the Covenant " ( 1986 ) , UN Doc . HRI / GEN / 1 / Rev.7 , May 12 , 2004 , at 140 , para . 2. In the Committee's decision of Karakurt v . Austria , UNHRC Comm . No. 965 ...
... Committee , " General Comment No. 15 : The position of aliens under the Covenant " ( 1986 ) , UN Doc . HRI / GEN / 1 / Rev.7 , May 12 , 2004 , at 140 , para . 2. In the Committee's decision of Karakurt v . Austria , UNHRC Comm . No. 965 ...
Cuprins
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16 | |
24 | |
26 | |
28 | |
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 |
41 | |
48 | |
49 | |
53 | |
55 | |
68 | |
75 | |
81 | |
83 | |
91 | |
93 | |
95 | |
96 | |
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 |
The Rights of Refugees under International Law James C. Hathaway Nu există previzualizare disponibilă - 2005 |
Termeni și expresii frecvente
aliens aliens law application asylum country asylum-seekers authorities Belgian representative Belgium camps Canada chapter citizens Civil and Political claim Committee on Economic concern Conference of Plenipotentiaries Convention refugee country of origin Court Cultural Rights decision detention discrimination documents draft drafters duty of non-refoulement ensure entitled European example expulsion France freedom of movement Grahl-Madsen granted Henkin Herment Hoc Committee Home Department Human Rights Committee human rights law Human Rights Watch ibid international law International Refugee Organization interpretation Larsen of Denmark lawfully national security non-citizens non-discrimination non-refoulement norms obligation parties persons Political Covenant practice principle protection public order reasons refoulement Refugee Convention refugee law refugee rights refugee status refugee's residence restrictions right of refugees risk Social and Cultural standard Statement Status of Refugees t]he territory tion treatment treaty UN Doc UNHCR UNHRC Comm United Kingdom United Nations
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...