scholarly journals Defining Refugees in the Asylum Qualification Directive by the Interplay of International Refugee Law and International Human Rights Law

2018 ◽  
Vol 2018 (38) ◽  
pp. 149-173
Author(s):  
Ikuko SATO
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Refugee Law ◽  
International Human ◽  
International Refugee Law

scholarly journals Crossing borders between International Refugee Law and International Human Rights Law in the European context: Can human rights enhance protection against persecution based on sexual orientation (and beyond)?

2019 ◽  
Vol 37 (4) ◽  
pp. 359-378
Author(s):  
Carmelo Danisi
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Sexual Minorities ◽  
Geneva Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Refugee Law ◽  
International Human ◽  
International Refugee Law

In the last decades, international refugee law (‘IRL’) and international human rights law (‘IHRL’) have increasingly taken into account sexual minorities’ needs. Despite not being one of the grounds of persecution under the 1951 Geneva Convention on the Status of Refugees, sexual orientation has been identified as a relevant factor for the recognition of refugee status for more than twenty years. In parallel, IHRL has evolved to a point where sexual minorities are more fully included within the scope of rights and freedoms set forth in universal and regional human rights treaties, especially via the prohibition of discrimination. Yet, strange as it may seem, this simultaneous evolution has not always led to a fruitful intersection between IRL and IHRL, even in terms of interpretation despite what the Law of Treaties requires. Drawing from documentary and qualitative data and by taking people fleeing homophobia as example, this article looks at the role that IHRL may play in complementing and in intersection with IRL. It argues that IHRL may, firstly, raise obligations to facilitate the access of these claimants to asylum determination procedures and, secondly, inform the notion of persecution used in IRL more comprehensively than it currently does in practice.

27. International refugee law

2017 ◽  
Author(s):  
Alice Edwards
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Refugee Status ◽  
International Human Rights ◽  
Refugee Law ◽  
International Human ◽  
International Refugee Law ◽  
Definition Of ◽  
The Relationship

This chapter first explains the purpose and scope of international refugee law. It then identifies the five fundamental elements of the Refugee Convention, and discusses other important parameters of international refugee law more broadly. The chapter explores the relationship between international refugee law and human rights law at the macro-level. It analyses specific aspects of refugee law—namely, the definition of a refugee, the prohibition of refoulement, refugee rights, and the ending of refugee status and solutions—and analyses how international human rights law informs them.

International Refugee Law and the Protection of Stateless Persons

2019 ◽  
Author(s):  
Michelle Foster ◽  
Hélène Lambert
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Refugee Convention ◽  
Critical Gap ◽  
Refugee Law ◽  
International Human ◽  
International Refugee Law

This book addresses a critical gap in existing scholarship by examining statelessness through the prism of international refugee law, in particular by examining the extent to which the 1951 Refugee Convention protects de jure stateless persons. It responds to the need for a coherent and inclusive legal framework to address the plight of stateless individuals who fear persecution. The central hypothesis of this book is that the capacity and potential of the 1951 Refugee Convention to protect stateless persons has been inadequately developed and understood. This is particularly so when we consider the significant transformation that has occurred over the past sixty years in delimiting state discretion in matters of nationality, including in relation to the acquisition and deprivation of nationality, and the treatment of non-nationals. While it may once have been correct to assume that matters of nationality were largely outside the realm of international law, the advent of international human rights law in particular has limited state sovereignty in this respect. Accordingly, whether a stateless person is also a refugee potentially admits of a very different answer in light of modern international human rights law as compared to 1951.

DOMESTIC VIOLENCE ASYLUM CLAIMS AND RECENT DEVELOPMENTS IN INTERNATIONAL HUMAN RIGHTS LAW: A PROGRESS NARRATIVE?

2011 ◽  
Vol 60 (2) ◽  
pp. 459-484 ◽  
Author(s):  
Siobhán Mullally
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Human Rights Law ◽  
Due Diligence ◽  
Human Rights Law ◽  
International Human Rights ◽  
Refugee Law ◽  
Recent Developments ◽  
Domestic Jurisdiction ◽  
International Human

Recent years have witnessed significant developments in international human rights law relating to domestic violence. No longer viewed as a matter ‘essentially within the domestic jurisdiction of the State’, domestic violence now frequently commands the attention of international human rights bodies. The obligations imposed on States include positive obligations of due diligence to prevent, investigate and to punish domestic violence, whenever and wherever it occurs.1 Judicial dialogue across the borders of human rights and refugee law has also expanded access to asylum for women fleeing domestic violence, bringing with it a gradual recognition of the positive obligations that international law now imposes on States. However, as recent cases such as Jessica Gonzalez v the United States2 and Opuz v Turkey3 reveal, significant gaps remain between the rhetoric of human rights law and the reality of everyday enforcement and implementation on the ground. These gaps are most keenly felt by refugee women. While State practice suggests greater gender inclusivity and sensitivity in the practice of refugee law, women fleeing domestic violence continue to face obstacles in making their claims heard.

When Law Migrates

2018 ◽  
Author(s):  
Jill I. Goldenziel
Keyword(s):  
Human Rights ◽  
National Security ◽  
The United States ◽  
Human Rights Law ◽  
International Human Rights ◽  
Domestic Security ◽  
Refugee Law ◽  
International Human ◽  
International Refugee Law ◽  
Over Time

As record numbers of migrants have fled by sea in recent years, states have restricted their borders to protect national security. The challenge of balancing domestic security concerns with international human rights commitments has fallen to courts. Drawing on cases from the United States, Australia, and the ECtHR, this chapter will compare how the 1951 Refugee Convention has been interpreted across countries and over time. Its object is to compare when and how courts creatively avoid non-refoulement, the prohibition against returning refugees to a place where their lives are endangered, and when courts uphold a stricter interpretation of the principle. More broadly, this analysis sheds light on the question of what extraterritorial obligations human rights law demands. This chapter employs the techniques of comparative law to illuminate our understanding of what international refugee law, although ostensibly uniform, means when applied in various jurisdictions.

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