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This book is an evaluation of the international response to a major protracted humanitarian situation. As such, it is the first comprehensive account and assessment of the effectiveness of international law in dealing with Iraqi refugees during the regime of Saddam Hussein.
This book examines Southeast Asia's rejection of international refugee law through extensive archival analysis and argues that this rejection was shaped by the region's response to its largest refugee crisis in the post-1945 era: the Indochinese refugee crisis from 1975-1996.
This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
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.
2. The role of UNHCR
Asylum medicine, a field encompassing medical forensic evaluations of asylum seekers, is an emerging discipline in healthcare. In a time of record global displacement due to human rights violations, conflict and persecution, interest in the medical and psychological evaluation of individuals subjected to torture and other ill-treatment is high. Health professionals are uniquely qualified to use their skills to make contributions to a group of vulnerable individuals fleeing danger and death in their home countries. Health professionals involved in asylum medicine perform medical and psychological forensic evaluations of asylum seekers. Their educational background prepares them to examine and describe physical and emotional scars related to trauma, and further training allows them to assess these scars in the context of persecution, describe them in a medical-legal affidavit and support these findings with testimony. Providers of asylum medicine are often involved in advocacy, as many governments become increasingly hostile to asylum seekers. Books on human rights exist, but there is no authoritative text of asylum medicine. This book presents a comprehensive overview of asylum medicine, with emphasis on the historical and legal background of asylum law, best practices for performing asylum examinations, challenges of examining detained asylum seekers, education of trainees and advocacy. Written by experts in the field, Asylum Medicine: A Clinician's Guide is a first of its kind resource for health care providers who practice asylum medicine.
This book considers the UNHCR's contribution to international refugee law. The book explores the role of the organisation in developing international refugee law and ensuring the effectiveness of such law. The book charts the significant evolution that has occurred in the organisation's role in the last sixty years and reflects on how the UNHCR can ensure its own viability and relevance in the face of future refugee crises.
Asylum law in the European Union is ripe with caveats that allow for rejecting asylum applications due to ‘protection’ received in the home country or another location. Yet, when is ‘protection’ strong enough to make denying an application lawful?
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.