Immigration Detention In Australia Is Indefinite Detention Inconsistent With Obligations To The International Covenant On Civil And Political Rights
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Immigration Detention In Australia Is Indefinite Detention Inconsistent With Obligations To The International Covenant On Civil And Political Rights
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Author : Alli Hendriks
language : en
Publisher: GRIN Verlag
Release Date : 2016-12-30
Immigration Detention In Australia Is Indefinite Detention Inconsistent With Obligations To The International Covenant On Civil And Political Rights written by Alli Hendriks and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-30 with Law categories.
Essay from the year 2016 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A, Macquarie University, course: Law, language: English, abstract: Immigration detention in Australia is a contentious and complex issue that cannot simply be analysed on the basis of moralities or politics. To determine whether Australia’s immigration policy as manifested in the Migration Act 1958 would constitute a breach of article 7 of the International Covenant on Civil and Political Rights (ICCPR) both the indefinite duration of detention, and, the conditions encountered at Villawood Immigration Detention Centre (VIDC) must be reasoned. Article 7 of the ICCPR, a non-derogable right in accordance with article 4(2) provides that ‘no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment...’. VIDC is an onshore processing centre based 27km from Sydney’s CBD and has come under scrutiny for its treatment of asylum seekers, especially for mental-health related issues and the long-term detention of approximately fifty children. The discussion that follows addresses both the issues of physical conditions in VIDC and justifications for indefinite detention.
The Impact Of Indefinite Detention
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Author : Amnesty International
language : en
Publisher:
Release Date : 2005
The Impact Of Indefinite Detention written by Amnesty International and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Asylum, Right of categories.
The Observance Of Human Rights At The Villawood Immigration Detention Centre
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Author : Australia. Human Rights Commission
language : en
Publisher:
Release Date : 1983
The Observance Of Human Rights At The Villawood Immigration Detention Centre written by Australia. Human Rights Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Aliens categories.
There Are Alternatives
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Author : Robyn Sampson
language : en
Publisher:
Release Date : 2015-10-01
There Are Alternatives written by Robyn Sampson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-01 with Detention of persons categories.
The IDC identifies 250 examples of positive alternatives to immigration detention in 60 countries, that respect fundamental human rights, are less expensive and equally or more effective than traditional border controls.
The European Union Returns Directive And Its Compatibility With International Human Rights Law
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Author : Izabella Majcher
language : en
Publisher: BRILL
Release Date : 2019-11-26
The European Union Returns Directive And Its Compatibility With International Human Rights Law written by Izabella Majcher and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Law categories.
The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France
Terrorism And Asylum
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Author : James C. Simeon
language : en
Publisher: BRILL
Release Date : 2020-09-25
Terrorism And Asylum written by James C. Simeon and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-25 with Law categories.
Terrorism and Asylum, edited by James C. Simeon, thoroughly analyses terrorism’s use in forced displacement, to limit access to asylum, and to exclude persons from refugee protection, while offering practical alternative solutions for advancing human rights and dignity for everyone.
A Commentary On The International Covenant On Civil And Political Rights
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Author : Paul M. Taylor
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-30
A Commentary On The International Covenant On Civil And Political Rights written by Paul M. Taylor and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Political Science categories.
A new and an essential reference work for any international human rights law academic, student or practitioner, A Commentary on the International Covenant on Civil and Political Rights spans all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), as approached from the perspective of the ICCPR as an integrated, coherent scheme of rights protection. In detailed coverage of the Human Rights Committee's output when monitoring ICCPR compliance, Paul M. Taylor offers extraordinary access to forty years of its concluding observations, views and general comments organised thematically. This Commentary is a solid and practical introduction to any and all of the civil and political rights in the ICCPR, and a rare resource explaining the requirements for domestic implementation of ICCPR standards. An indispensable research tool for any serious enquirer into the subject, the Commentary speaks to the accomplishments of the ICCPR in striving for universal human rights standards.
The Un Working Group On Arbitrary Detention
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Author : Jared Genser
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-26
The Un Working Group On Arbitrary Detention written by Jared Genser and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-26 with Law categories.
This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Human Rights Translated
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Author : Castan Centre for Human Rights Law
language : en
Publisher: United Nations Publications
Release Date : 2008
Human Rights Translated written by Castan Centre for Human Rights Law and has been published by United Nations Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Business & Economics categories.
"The purpose of this publication is to contribute to [the] process of clarification by explaining universally recognised human rights in a way that makes sense to business. The publication also aims to illustrate, through the use of case studies and actions, how human rights are relevant in a corporate context and how human rights issues can be managed."--Introduction, p. vii.
Preventive Detention Of Terror Suspects
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Author : Diane Webber
language : en
Publisher: Routledge
Release Date : 2016-01-08
Preventive Detention Of Terror Suspects written by Diane Webber and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-08 with Law categories.
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.