RETHINKING ASYLUM HISTORY PURPOSE AND LIMITS

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Rethinking Asylum

Author : Matthew E. Price
ISBN : 9780521881166
Genre : Political Science
File Size : 36.48 MB
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Defends the current laws limiting asylum to those fearing persecution.
Category: Political Science

Asylum Policy Boat People And Political Discourse

Author : Irial Glynn
ISBN : 9781137517333
Genre : Political Science
File Size : 62.93 MB
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This book compares the policies of Australia and Italy towards boat people who have arrived in the two countries since the early 1990s. While the regular and varied inflow of immigrants arriving at national airports, ferry terminals and train stations is seldom witnessed by the public, the arrival of boat people is often played out in the media and consequently attracts disproportionate political and public attention. Both Australia and Italy faced similar dilemmas, but the nature of political debate on the issue, the types of strategies introduced, and the effects that policy changes had on boat people diverged considerably. This book argues that contrasting migration path dependencies, disparate political values within the Left, and varying international obligations best explain the different approaches taken by the two countries to boat people.
Category: Political Science

Law And Asylum

Author : Simon Behrman
ISBN : 9781351397469
Genre : History
File Size : 36.14 MB
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In contrast to the claim that refugee law has been a key in guaranteeing a space of protection for refugees, this book argues that law has been instrumental in eliminating spaces of protection, not just from one’s persecutors but also from the grasp of sovereign power. By uncovering certain fundamental aspects of asylum as practised in the past and in present day social movements, namely its concern with defining space rather than people and its role as a space of resistance or otherness to sovereign law, this book demonstrates that asylum has historically been antagonistic to law and vice versa. In contrast, twentieth-century refugee law was constructed precisely to ensure the effective management and control over the movements of forced migrants. To illustrate the complex ways in which these two paradigms – asylum and refugee law – interact with one another, this book examines their historical development and concludes with in-depth studies of the Sanctuary Movement in the United States and the Sans-Papiers of France. The book will appeal to researchers and students of refugee law and refugee studies; legal and political philosophy; ancient, medieval and modern legal history; and sociology of political movements.
Category: History

Migration In Political Theory

Author : Lea Ypi
ISBN : 9780199676606
Genre : Emigration and immigration law
File Size : 23.42 MB
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Written by an international team of leading political and legal theory scholars whose writings have contributed to shaping the field, Migration in Political Theory presents seminal new work on the ethics of movement and membership. The volume addresses challenging and under-researched themes on the subject of migration, and debates the question of whether we ought to recognize a human right to immigrate, and whether it might belegitimate to restrict emigration. The authors critically examine criteria for selecting would-be migrants, and for acquiring citizenship, as well as the tensions between the claims of immigrants and existingresidents, and tackle questions of migrant worker exploitation and responsibility for refugees. All of the chapters illustrate the importance of drawing on the tools of political theory to clarifying, criticize and challenge the current terms of the migration debate.
Category: Emigration and immigration law

Protecting Stateless Persons

Author : Katia Bianchini
ISBN : 9789004362901
Genre : Political Science
File Size : 62.40 MB
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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.
Category: Political Science

Immigration Detention And Human Rights

Author : Galina Cornelisse
ISBN : 9789004173705
Genre : Law
File Size : 55.75 MB
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Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.
Category: Law

Forced Migration And Mental Health

Author : David Ingleby
ISBN : 9780387226934
Genre : Medical
File Size : 51.20 MB
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Although forced migration is not new in human history it has become, in our time, one of the world's major problems. In the last few decades, armed conflict and political unrest have created vast numbers of asylum seekers, refugees and displaced persons. This has led, in turn to increasing involvement of professional care workers and agencies, both governmental and nongovernmental. While there is no doubt on the part of helping parties that care is necessary, there is considerable debate about the kind of care that is needed. This book presents a critical review of mental health care provisions for people who have had to leave their homeland, and explores the controversies surrounding this topic. Providing fresh perspectives on an age old problem, this book covers humanitarian aid and reconstruction programs as well as service provision in host countries. It is of interest to all those who provide health services, create policy, and initiate legislation for these populations.
Category: Medical

Rethinking Rights Based Mental Health Laws

Author : Bernadette McSherry
ISBN : 9781847315960
Genre : Law
File Size : 85.99 MB
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Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.
Category: Law