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Refugees and Rights
Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The...
Protecting Migrant Children
Unprecedented numbers of children are crossing international borders seeking safety. Framed around compelling case studies explaining why children are on the move in Africa, the Americas, Asia, Europe, the Middle East and Oceania, this book explores the jurisprudence and processes used by nations to adjudicate children’s protection claims. The book includes contributions from leading scholars in immigration, refugee law, children’s rights and human trafficking which critically examine the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.
The Legal Protection of Refugees with Disabilities
This ground-breaking book focuses on the ‘forgotten refugees’, detailing people with disabilities who have crossed borders in search of protection from disaster or human conflict. The authors explore the intersection between one of the oldest international human rights treaties, the 1951 Convention relating to the Status of Refugees, with one of the newest: the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on fieldwork in six countries hosting refugees in a variety of contexts – Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey – the book examines how the CRPD is (or should) be changing the way that governments and aid agencies engage with and accommodate persons with disabilities in situations of displacement. The timeliness of the book is underscored by the adoption in mid-2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action adopted at the World Humanitarian Summit.
Immigration, Refugees and Forced Migration
Immigration control or determining which non-citizens should enter and remain in Australia and irregular migration, both in the forms of persons who remain in breach of their visa conditions and asylum seekers and refugees who are able to assert rights to protection under international law, pose great challenges. This book covers all aspects of the Australian law including history, international law, comparative law, family reunion schemes, permanent and temporary labour migration, tourists and students, refugee and humanitarian programs, unlawful status, deportations and Immigration Appeals – Merits Review and Judicial Review.
Lives in Limbo
In this book, 35 refugees, all temporary protection visa (TPV) holders and mostly from Iraq and Afghanistan, talk directly about their quest for asylum in Australia. They provide poignant details of persecution in their home country, their journey to Australia, prolonged periods of mandatory detention, and life under Australia's controversial temporary protection regime.
The Ashgate Research Companion to Migration Law, Theory and Policy
The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.
Australia and Human Rights
The Howard government's term in office in Australia from 1996 to 2007 is often portrayed as one where Australia retreated from its international human rights obligations. Throughout this era a range of government policies attracted much criticism for downplaying or ignoring human rights. Less attention has been given to the human rights policies of previous Australian governments and the heritage they provided for the Howard government. Situating the policies of the Howard government within those of previous Australian governments provides a greater understanding of human rights in Australia. This book examines human rights policies in Australia in three key areas: human rights in Australia-...
Policing Undocumented Migrants
Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people ‘illegal’. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspec...
The March of Patriots
Unveiling the inside story of how Paul Keating and John Howard changed Australia, this record presents these two personalities as conviction politicians, tribal warriors, and national interest patriots. Divided by belief, temperament, and party, they were united by generation, city, and the challenge to make Australia into a successful nation for the globalized age. The making of policy and the uses of power are explored, capturing the authentic nature of Australian politics as distinct from the polemics advanced by both sides. Focusing on how these prime ministers altered the nation's direction, this study also depicts how they redefined their parties and struggled over Australia's new economic, social, cultural, and foreign policy agendas. A sequel to the author’s bestselling The End of Certainty, this survey is based on more than 100 interviews with the two key players as well as other politicians, advisers, and public servants.
Political and Legal Approaches to Human Rights
This collection explores and illustrates issues arising from ‘political’ approaches to human rights in contrast to the more traditional ‘moral’ approaches. Moral approaches conceptualize and justify human rights in terms of priority rights which are both universal and moral. In contrast, political approaches focus on those human rights practices involved in the development and operation of human rights institutions, laws and political process, all in relative independence from their alleged moral foundations. The book contributes to the understanding and analysis of ‘political approaches’, including consideration of their diversity, and discussion of their strengths and weaknesse...
