Protecting Stateless Persons
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Protecting Stateless Persons
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Author : Katia Bianchini
language : en
Publisher: BRILL
Release Date : 2018-04-05
Protecting Stateless Persons written by Katia Bianchini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-05 with Law categories.
In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers a study of legislation, case-law and decision-making concerning the protection of stateless persons in ten EU Member States.
International Refugee Law And The Protection Of Stateless Persons
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Author : Michelle Foster
language : en
Publisher: Oxford University Press
Release Date : 2019-04-04
International Refugee Law And The Protection Of Stateless Persons written by Michelle Foster and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-04 with Law categories.
International Refugee Law and the Protection of Stateless Persons examines the extent to which the 1951 Convention relating to the Status of Refugees protectsde jure stateless persons. While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status. The questions addressed include the following: When is a person 'without a nationality' for the purpose of the 1951 Refugee Convention? What constitutes one's country of former habitual residence as a proxy to one's country of nationality? When does being stateless give rise to a well-founded fear of persecution for reasons specified in the 1951 Refugee Convention and/or UNHCR mandate? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? How are courts assessing individual risk or threat to stateless persons? The book draws on historical and contemporary interpretation of international law based on the travaux préparatoires to the 1951 Refugee Convention and its antecedents, academic writing, UNHCR policy and legal documents, UN Human Rights Council resolutions, UN Human Rights Committee general comments, UN Secretary General reports, and UN General Assembly resolutions. It is also based on original comparative analysis of existing jurisprudence worldwide relating to claims to refugee status based on or around statelessness. By examining statelessness through the prism of international refugee law, this book fills a critical gap in existing scholarship.
Statelessness And Right To Have Rights Importance Of Citizenship In Protecting Human Rights Of Stateless Communities
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Author : Arshi Aggarwal
language : en
Publisher: GRIN Verlag
Release Date : 2014-12-23
Statelessness And Right To Have Rights Importance Of Citizenship In Protecting Human Rights Of Stateless Communities written by Arshi Aggarwal and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-23 with Law categories.
Thesis (M.A.) from the year 2014 in the subject Politics - Topic: Public International Law and Human Rights, grade: 66, University of Sheffield (Department of Politics), course: Thesis, language: English, abstract: A stateless person is an individual ‘who is not considered as a national by any State under the operation of its law’. In other words, a stateless individual is a person who does not legally belong anywhere. No government is responsible for his or her rights, survival or existence. Stateless people are forced to lead an illegal life and are highly vulnerable to increased ostracism, discrimination and insecurity. Where citizenship is the norm, statelessness is an exceptional phenomenon. Some people are stateless because of ethnic persecution; others lost their citizenship during reformation of the state; some simply fell between the cracks of citizenship laws; and others passed on their statelessness to their children. National citizenship provides people with a sense of identity and is a key to full participation in society (UNHCR, 2012:2). Since only ‘citizens’ are allowed an unrestricted right to enter and reside in a country under international law, stateless people are often left without any residence permit and are subject to repeated or continuous detention. The purpose of this project is to analyse and establish the importance of a ‘right to have rights’ or citizenship by examining and evaluating the plight of existing stateless people in Latvia, Estonia and Myanmar. The study explores the human rights conditions created due to statelessness, adequacy of international organisations’ response to such situations and potency of current legal framework for the protection of stateless individuals.
Guidelines To Protect Stateless Persons From Arbitrary Detention
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Author : Equal Rights Trust
language : en
Publisher:
Release Date : 2012
Guidelines To Protect Stateless Persons From Arbitrary Detention written by Equal Rights Trust and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Detention of persons categories.
Nationality And Statelessness Under International Law
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Author : Alice Edwards
language : en
Publisher: Cambridge University Press
Release Date : 2014-09-18
Nationality And Statelessness Under International Law written by Alice Edwards 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 2014-09-18 with Law categories.
This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.
Statelessness And Right To Have Rights Importance Of Citizenship In Protecting Human Rights Of Stateless Communities
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Author : Arshi Aggarwal
language : en
Publisher:
Release Date : 2015-01-20
Statelessness And Right To Have Rights Importance Of Citizenship In Protecting Human Rights Of Stateless Communities written by Arshi Aggarwal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-20 with categories.
Thesis (M.A.) from the year 2014 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 66, University of Sheffield (Department of Politics), course: Thesis, language: English, abstract: A stateless person is an individual 'who is not considered as a national by any State under the operation of its law'. In other words, a stateless individual is a person who does not legally belong anywhere. No government is responsible for his or her rights, survival or existence. Stateless people are forced to lead an illegal life and are highly vulnerable to increased ostracism, discrimination and insecurity. Where citizenship is the norm, statelessness is an exceptional phenomenon. Some people are stateless because of ethnic persecution; others lost their citizenship during reformation of the state; some simply fell between the cracks of citizenship laws; and others passed on their statelessness to their children. National citizenship provides people with a sense of identity and is a key to full participation in society (UNHCR, 2012:2). Since only 'citizens' are allowed an unrestricted right to enter and reside in a country under international law, stateless people are often left without any residence permit and are subject to repeated or continuous detention. The purpose of this project is to analyse and establish the importance of a 'right to have rights' or citizenship by examining and evaluating the plight of existing stateless people in Latvia, Estonia and Myanmar. The study explores the human rights conditions created due to statelessness, adequacy of international organisations' response to such situations and potency of current legal framework for the protection of stateless individuals.
International Refugee Law
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Author : Hne Lambert
language : en
Publisher: Routledge
Release Date : 2017-07-05
International Refugee Law written by Hne Lambert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
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.
Statelessness
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Author : William Conklin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Statelessness written by William Conklin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing its member states to allow statelessness to occur. In this powerfully argued book, Conklin critically evaluates traditional efforts to recognize and reduce statelessness. The problem, he argues, rests in the obligatory nature of law, domestic or international. By closely analysing a broad spectrum of court and tribunal judgments from many jurisdictions, Conklin explains how confusion has arisen between two discourses, the one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality', is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole.
Understanding Statelessness
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Author : Tendayi Bloom
language : en
Publisher: Routledge
Release Date : 2017-08-04
Understanding Statelessness written by Tendayi Bloom and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-04 with Political Science categories.
Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area. They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, ‘Defining Statelessness’, features chapters exploring conceptual issues in the definition of statelessness. The second, ‘Living Statelessness’, uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. ‘Theorising Statelessness’, the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.
Unravelling Anomaly
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Author : Amal De Chickera
language : en
Publisher:
Release Date : 2010
Unravelling Anomaly written by Amal De Chickera and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Detention of persons categories.