scholarly journals The Meaningful Participation of Refugees in Decision-Making Processes: Questions of Law and Policy

2020 ◽  
Vol 32 (2) ◽  
pp. 200-226
Author(s):  
Tristan Harley ◽  
Harry Hobbs

Abstract There has been a significant push in recent years for greater and more meaningful participation of refugees in decision-making processes that affect them. This push is identifiable in a range of international instruments, including the 2016 New York Declaration for Refugees and Migrants and the 2018 Global Compact on Refugees, as well as numerous initiatives developed by refugees, civil society organizations, and international organizations at the local, national, and international level. This article considers the emergent drive for refugee participation from the perspective of both law and policy. It examines the evolution of the international legal framework, analysing the extent to which international refugee and human rights law mandate the inclusion of refugees in decisions that affect them. The article also explores the notion of participation in detail, teasing out several key challenges for consideration in the development of inclusive participatory processes. Drawing this material together, it explores two options that could further promote the moral, political, and ultimately legal authority for meaningfully including refugees in the design and implementation of policy. These options are indicators that establish baselines and track refugee participation in decision-making processes, and a new, non-binding United Nations declaration that clearly details the right of refugees to have some authority in decision-making processes that affect them.

2020 ◽  
Vol 37 (3-4) ◽  
Author(s):  
Monica Larsson ◽  
Elin Hultman

Children’s right to participation in decision-making within the Swedish Child Protection System. What does the UNConvention on the Rights of the Child and the legal framework mean in relation to the implementation in practice? This article is based on children’s right to participation which stems from the UN Convention on the Rights of the Child – the Child Convention. Regarding decision-making processes within the Child Protection System children’s right to participation is explicitly stated. However, it is still not palpable and the interpretations regarding children’s right to participation may vary. This may give rise to various standpoints which in turn can have an impact on the magnitude of how the right isput into practice. Social science and social law research in Sweden has pointed out that children and young people do not participate sufficiently in parts of this process. This article describes and analyzes what has emerged in this research regarding children’s right to participation in connection with decision-making processes concerning out-of-home-placement with a particular focus on some of the circumstances that may impede the children’s right to participation. The article concerns how the right to participation is handled in practice and the importance of the Convention on the Rights of the Child and the framework of the legal regulation.


2015 ◽  
pp. 184-203
Author(s):  
Kamarudin

In the post New-Order era, legislative function given to Indonesian House of Representatives seems more obvious after an Act Number 12 of 2011 juncto Act Number 10 of 2004 on Regulations Making has covered that public has the right to participate in law-making processes. Enactive regulations open opportunity for public to participate in a statute-making processes. Nevertheless, the given opportunity of participation is procedurally still limited and not in full and meaningful participation level. Existing public participation only covers consultation, not a real participation. Public should be able to participate in decision-making processes. Meanwhile, public participation level is substantially still depended on Parliament Members’ spirit of publicness to accommodate public aspiration and to put it on as a norm of statute.


2014 ◽  
Vol 35 (6/7) ◽  
pp. 418-432
Author(s):  
Xiaoai Ren

Purpose – The purpose of this paper is to look at the organizational structure and service provisions of cooperative public library systems in New York State. The study also seeks to ask questions of how cooperative public library systems decide what services to provide. Design/methodology/approach – Descriptive statistics, factor analysis and cluster analysis were applied on New York State public library systems’ 2008 annual reports to generate quantitative profiles of public library systems and their service transactions. Three cooperative public library systems displaying different service features were purposefully selected for further study of their service decision-making processes. The face-to-face and phone interviews were adopted in the study. Findings – Research findings from this study provide information on specific service variations across cooperative public library systems. The findings also provide differences of service decision-making processes in addition to the factors that might cause these differences. Originality/value – This study adds knowledge of public library systems’ management and organizational structures, therefore fills a knowledge gap on public library systems. It can also serve as the baseline for future studies using newer annual report data and therefore to study the changing roles and services of cooperative public library systems in New York State.


Author(s):  
Sujith Koonan

The legal framework relating to the realization of the right to sanitation in rural areas is complex and fragmented, with laws and institutions focusing on different aspects of sanitation at different administrative levels. The framework is further complicated with the presence of a strong policy framework framed by the Union Government from time to time which primarily governs the sector. This chapter examines the law and policy framework for the realization of the right to sanitation in rural areas in India. It specifically examines the framework for implementation of the right to sanitation in rural areas from the perspective of rights including the right to sanitation.


Urbanisation ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 77-93
Author(s):  
Aarathi Ganga

This article explores the nature of urban citizenship among fishers in Kerala, one of the state’s most marginalised communities, by analysing their participation in a centrally sponsored slum rehabilitation programme—Rajiv Awas Yojana (RAY)—in Vizhinjam, Thiruvananthapuram. The ‘right to participate’ is considered an integral part of the ‘right to the city’, and the inability of the fishing community to participate in the decision-making processes of urban development programmes that directly affect their lives reveals the exclusionary nature of their citizenship. In a state that is renowned for its achievements in human development and governance, the fishing community continues to be marginalised and lack collective power to influence policies. Participatory meetings in such contexts become tokenistic, and their transformative capacity is undermined. The inefficiency of participatory meetings organised under RAY also stems from the powerlessness of local governments to alter urban programmes designed by national governments.


2002 ◽  
Vol 13 (2) ◽  
pp. 101-113 ◽  
Author(s):  
Tim Baines ◽  
Gwyn Kay

Product‐sourcing practices can impact the competitiveness of an organization's products and services. Many sourcing practices exist and the challenge is to find the right practice, for the right product, at the right time. This paper describes a survey of 3,500 of UK companies, and reports on current and intended manufacturing sourcing practices; the associated decision‐making processes; and, the principal motives behind sourcing decisions. Key findings demonstrate a strong and ambitious trend towards open, integrated relationships between manufacturers and their principal suppliers; sourcing decisions increasingly based on well‐structured analysis of business needs and capabilities; and, the chief motivators being financial and market factors.


Author(s):  
Emma Colucci ◽  
Laura Wright

This article uses a rights-based and social ecological approach to explore the role of the right to play in the lives of children and youth, as outlined in Article 31 of United Nations Convention on the Rights of the Child (UNCRC), in supporting the actualization of children’s meaningful participation, as outlined in Article 12 and as a guiding principle of the UNCRC. This article introduces the limited recognition of the value of play internationally, as emphasized in General Comment 17. It uses a rights-based approach to analyze the intrinsic and instrumental value of play as a right itself and its role in supporting children to actively participate as experts in their own lives, develop leadership skills, express their views, be listened to, and be active in decision-making processes.  The authors will explore the positive contribution play can make to the healthy and holistic development of children and youth and how these skills support a sense of agency and leadership in children and youth at present and in their future.  Right To Play’s methodological approach is grounded in participatory, experiential learning and the work of educationalists. This work will be showcased to highlight how play can strengthen children’s meaningful participation. The authors conclude that it is imperative that the international development and humanitarian community continues to strengthen the advocacy for and use of play to strengthen children’s wellbeing, healthy development and active participation in their lives.  


Author(s):  
Christina Allard ◽  
Deborah Curran

AbstractMine developments in Indigenous territories risk disrupting Indigenous cultures and their economies, including spiraling already high levels of conflict. This is the situation in Canada, Sweden, and Norway, as elsewhere, and is fostered by current state legal framework that reflect historical trajectories, although circumstances are gradually changing. Promising institutional changes have taken place in British Columbia (BC), Canada, with respect to new legislative reforms. Notably, new legislation from 2019 intends to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the province, by promoting consent-based and collaborative decision-making mechanisms. New environmental assessment legislation is another example; this legislation includes early engagement, collaborative decision-making, and Indigenous-led assessments. The article’s aim is, first, to analyze how Indigenous communities can influence and engage in the mining permitting system of BC, and, secondly, to highlight the positive features of the BC system using a comparative lens to identify opportunities for Sweden and Norway regarding mining permitting and Indigenous rights. Applying a legal-scientific and comparative analysis, the article analyzes traditional legal sources. The article concludes that the strong points that the BC regime could offer the two Nordic countries are: the concept of reconciliation, incorporation of UNDRIP, the spectrum of consultation and engagement approaches, and the structure of environmental assessments. All three jurisdictions, however, struggle with balancing mine developments and securing Indigenous authority and influence over land uses in their traditional territories.


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