Discrimination as a Basis for a Well-founded Fear of Persecution PDF Download
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Author: Immigration and Refugee Board
Publisher:
ISBN:
Category : Discrimination
Languages : en
Pages : 21
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Book Description
Author: Immigration and Refugee Board
Publisher:
ISBN:
Category : Discrimination
Languages : en
Pages : 21
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Book Description
Author: Michelle Foster
Publisher: Cambridge University Press
ISBN: 9780521870177
Category : Law
Languages : en
Pages : 458
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Book Description
Publisher Description
Author: Canada. Immigration and Refugee Board. Legal Services
Publisher:
ISBN:
Category :
Languages : en
Pages : 18
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Book Description
This special issue of “RefLex” - a periodical prepared by Legal Services, Immigration and Refugee Board in Canada, is on the interpretation of the definition of persecution under the 1951 Convention. The issue features three topics. The first topic is entitled: 'Prosecution or Well-founded Fear of Persecution?' -- which analyses the question of whether an act constitutes prosecution or is rather the basis for a well-founded fear of persecution, providing summaries of cases of Salvadoran military deserters and draft evaders and of Iranian women who did not conform to the Islamic dress code -- claims which presented the issue of prosecution versus persecution. This section also contains a comment, with reference materials, and a framework of analysis enumerating the number of factors to consider when deciding the 'persecution or prosecution' issue. The second topic is entitled: 'When does Discrimination amount to Persecution?' -- providing the various approaches to the issue with summaries of cases involving discrimination on the basis of religion and religious persecution in the former Soviet Union and Pakistan. This section provides a comment and framework of analysis, along with reference sources, of discrimination-based claims to determine whether 'cumulative grounds' and 'consequence of a substantially prejudicial nature' form the basis of a well-founded fear of persecution. The third and final topic is entitled: 'State Complicity: A Requirement of the Definition?'. This section focuses on the Ward decision, in which the Federal Court of Appeal held that state complicity is a requirement of the definition of the Convention refugee where a claimant is unwilling to avail himself of his country's protection. This section also reviews decisions in which complicity was a requirement and cases not requiring complicity -- where evidence of ineffective protection was sufficient, with summaries of cases involving claimants from El Salvador and Sri Lanka. The comment under this topic states that since the lack of protection is the very essence of the definition, state complicity is not a factor that justifies the fear but rather one factor among others to be considered in analysing the alleged fear of persecution. The topic ends with a list of reference materials concerning the requirement, if any, of state complicity or involvement in the persecution feared.
Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
ISBN: 0192536508
Category : Law
Languages : en
Pages : 1172
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Book Description
The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.
Author: E. Lauterpacht
Publisher: Cambridge University Press
ISBN: 9781857010084
Category : Law
Languages : en
Pages : 826
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Book Description
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287177732
Category : Political Science
Languages : en
Pages : 190
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Book Description
Many people in Europe are stigmatised because of their sexual orientation or gender identity and cannot fully enjoy their universal human rights. Some of them are victims of violence, others have fled to Europe from countries where they risk being persecuted. Organisations representing lesbian, gay, bisexual and transgender (LGBT) persons have been denied registration or banned from organising peaceful meetings in some states in Europe. Too few politicians have taken a firm stand against homophobic and transphobic expressions, discrimination and violence.This report presents the results of the largest socio-legal study ever carried out on discrimination on grounds of sexual orientation and gender identity in the 47 member states of the Council of Europe. Six thematic chapters give a broad overview of the human rights situation of LGBT persons and recommendations are provided for developing and implementing effective measures to address discrimination.The report is intended as a tool for dialogue with authorities and other stakeholders. It constitutes a baseline study for further action in both legislative and policy fields to ensure that all LGBT people can effectively exercise their human rights.
Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
ISBN: 0199281300
Category : Art
Languages : en
Pages : 847
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Book Description
Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.
Author: Matthew Scott
Publisher: Cambridge University Press
ISBN: 1108787770
Category : Political Science
Languages : en
Pages :
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Book Description
Climate Change, Disasters and the Refugee Convention is concerned with refugee status determination (RSD) in the context of disasters and climate change. It demonstrates that the legal predicament of people who seek refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifies epistemological as well as doctrinal impediments to a clear and principled application of international refugee law. Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the book draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people's differential exposure and vulnerability to disaster-related harm. This theoretical framework, combined with insights derived from the review of existing doctrinal and judicial approaches, prompts a critical revision of the dominant human rights-based approach to the refugee definition.
Author:
Publisher: Cengage Learning
ISBN:
Category :
Languages : en
Pages : 417
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Book Description
Author: Eeva Nyk Nen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004228845
Category : Law
Languages : en
Pages : 400
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Book Description
Drawing extensively on international and European law, international and national case law, as well as academic writings, this study offers a comprehensive and critical analysis on the issue of non-state actors in refugee law.
