The Rights of Refugees under International LawCambridge University Press, 2005 M09 15 - 1184 páginas This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law. |
Contenido
15 | |
16 | |
24 | |
26 | |
28 | |
31 | |
34 | |
39 | |
414 Individuated exceptions | 342 |
415 Qualified duty in the case of mass influx | 355 |
476 An expanded concept of nonrefoulement? | 363 |
42 Freedom from arbitrary detention and penalization for illegal entry | 370 |
421 Beneficiaries of protection | 388 |
423 Expulsion | 412 |
424 Provisional detention and other restrictions on freedom of movement | 413 |
43 Physical security | 439 |
41 | |
48 | |
49 | |
53 | |
55 | |
68 | |
The evolution of the refugee rights regime | 75 |
22 International protection of minorities | 81 |
23 League of Nations codifications of refugee rights | 83 |
24 The Convention relating to the Status of Refugees | 91 |
241 Substantive rights | 93 |
242 Reservations | 95 |
243 Temporal and geographical restrictions | 96 |
244 Duties of refugees | 98 |
245 Nonimpairment of other rights | 108 |
25 PostConvention sources of refugee rights | 110 |
252 Conclusions and guidelines on international protection | 112 |
253 Regional refugee rights regimes | 118 |
254 International human rights law | 119 |
255 Duty of equal protection of noncitizens | 123 |
256 International aliens law | 147 |
The structure of entitlement under the Refugee Convention | 154 |
31 Attachment to the asylum state | 156 |
311 Subject to a states jurisdiction | 160 |
312 Physical presence | 171 |
313 Lawful presence | 173 |
314 Lawful stay | 186 |
315 Durable residence | 190 |
32 The general standard of treatment | 192 |
321 Assimilation to aliens | 196 |
322 Exemption from reciprocity Refugee Convention Art 7 Exemption from reciprocity | 200 |
323 Exemption from insurmountable requirements | 205 |
324 Rights governed by personal status | 209 |
33 Exceptional standards of treatment | 228 |
331 Mostfavorednational treatment | 230 |
332 National treatment | 234 |
333 Absolute rights | 237 |
34 Prohibition of discrimination between and among refugees | 238 |
35 Restrictions on refugee rights | 260 |
351 Suspension of rights for reasons of national security | 261 |
352 Exemption from exceptional measures | 270 |
Rights of refugees physically present | 278 |
41 Right to enter and remain in an asylum state nonrefoulement | 279 |
411 Beneficiaries of protection | 302 |
412 Nature of the duty ononrefoulement | 307 |
413 Extraterritorial refoulement | 335 |
431 Right to life | 450 |
432 Freedom from torture cruel inhuman or degrading treatment | 453 |
433 Security of person | 457 |
44 Necessities of life | 460 |
441 Freedom from deprivation | 461 |
442 Access to food and shelter | 471 |
443 Access to healthcare | 507 |
45 Property rights | 514 |
451 Movable and immovable property rights | 517 |
452 Tax equity | 527 |
46 Family unity | 533 |
47 Freedom of thought conscience and religion | 560 |
48 Education | 584 |
49 Documentation of identity and status | 614 |
410 Judicial and administrative assistance | 626 |
Rights of refugees lawfully present | 657 |
51 Protection from expulsion | 659 |
52 Freedom of residence and internal movement | 695 |
53 Selfemployment | 719 |
Rights of refugees lawfully staying | 730 |
611 Wageearning employment | 739 |
672 Fair working conditions | 763 |
613 Social security | 772 |
62 Professional practice | 786 |
63 Public relief and assistance | 800 |
64 Housing | 813 |
65 Intellectual property rights | 829 |
66 International travel | 840 |
67 Freedom of expression and association | 874 |
68 Assistance to access the courts | 905 |
Rights of solution | 913 |
71 Repatriation | 917 |
72 Voluntary reestablishment | 953 |
73 Resettlement | 963 |
74 Naturalization | 977 |
Challenges to the viability of refugee rights | 991 |
The challenge of enforceability | 992 |
The challenge of political will | 998 |
Convention relating to the Status of Refugees 1951 | 1003 |
Protocol relating to the Status of Reguees 1967 | 1019 |
Universal Declaration of Human Rights 1948 | 1023 |
International Covenant on Civil and Political Rights 1966 | 1030 |
International Covenant on Economics Social and Cultural Rights 1966 | 1050 |
Select bibliography | 1061 |
1073 | |
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Términos y frases comunes
aliens aliens law application asylum country asylum-seekers authorities Belgian representative Belgium camps Canada chapter citizens Civil and Political claim Committee on Economic concern Conference of Plenipotentiaries Convention refugee country of origin Court Cultural Rights decision detention discrimination documents draft drafters duty of non-refoulement ensure entitled European example expulsion France freedom of movement Grahl-Madsen granted Henkin Herment Hoc Committee Home Department Human Rights Committee human rights law Human Rights Watch ibid international law International Refugee Organization interpretation Larsen of Denmark lawfully national security non-citizens non-discrimination non-refoulement norms obligation parties persons Political Covenant practice principle protection public order reasons refoulement Refugee Convention refugee law refugee rights refugee status refugee's residence restrictions right of refugees risk Social and Cultural standard Statement Status of Refugees t]he territory tion treatment treaty UN Doc UNHCR UNHRC Comm United Kingdom United Nations
Pasajes populares
Página 57 - Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of Article 31, or to determine the meaning when the interpretation according to Article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable.
Página 45 - The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Página 33 - In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.