Human Rights Law Commons^™

Human Trafficking And Refugee Law, Vladislava Stoyanova

Vladislava Stoyanova

No abstract provided.

Magdalena Malima - Lessons Drawn From Refugees' Problems, Ubuntu Institute Students

Ubuntu Institute Students

Conflicts and natural disasters create refugees. The author defines the meaning of refugees and outlines the duties to share the burden of refugees and of stopping the causes of refugees. In doing so, the author takes multidisciplinary approach

Submission To The Select Committee On The Recent Allegations Relating To Conditions And Circumstances At The Regional Processing Centre In Nauru, Azadeh Dastyari

Azadeh Dastyari

No abstract provided.

Smuggling Of Asylum-Seekers And Criminal Justice, Vladislava Stoyanova

Vladislava Stoyanova

The objective of this paper is to demonstrate the legal implications for asylum-seekers flowing from their resort to falsified documents as a method of gaining access to the territory of asylum countries. Article 31(1) of the Refugee Convention is supposed to act as a shield against punishment for illegal entry. However, the paper identifies four issues relating to the application of Article 31 which make the functioning of the shield difficult. The first issue relates to the procedure of applying Article 31 and in particular the interrelationship between the refugee status determination procedure and the criminal procedure initiated as a …

Immigration Law: Nowhere To Turn—Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin

Larry R. Fleurantin

This Article challenges the authority of the Attorney General and the DHS Secretary to withhold information from an alien after a FOIA request under Exemption (b)(5), to use that same withheld information to impeach the alien’s testimony during an individual hearing on the merits, and to use that as grounds for the Immigration Court to deny an applicant’s request for asylum. This Article takes the position that the USCIS needs to change its unfair practice to avoid the harsh and pervasive injustice that aliens facein removal proceedings.

Human Rights And Natural Disaster : The Indian Ocean Tsunami, Hope Lewis

Hope Lewis

Why should we focus on human rights in the aftermath of a natural disaster? Governments and the international community are obligated—legally, politically, and morally—to undertake recovery efforts in ways that are consistent with the human rights of those most affected by disaster.

The December 26, 2004, Indian Ocean tsunami took the lives of more than 200,000 children, women, and men. Hundreds of thousands more were injured and millions displaced. Recognized as one of the worst natural disasters in recorded human history, the Indian Ocean tsunami remains a global issue. People in fourteen countries were directly affected as well as thousands …

Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning

Hope Lewis

Women's human rights activism in the United States tend to highlight human rights violations of women outside the U.S., or on women from other cultures who enter the U.S. as immigrants or asylum-seekers, while ignoring internal human rights abuses. This Article focuses on the events surrounding a recent U.S. gender asylum case involving Fauziya Kassindja, a young asylee from Togo, in an attempt to demonstrate the irony of American complacency about the status of the United States as a haven for the protection of human rights. Ms. Kassindja, and other immigrants and asylum-seekers, were subjected to degradation and abuse--in the …