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Articles 1 - 5 of 5
Full-Text Articles in Law
Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr
Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr
Cornell International Law Journal
No abstract provided.
Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris
Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris
Michigan Journal of Gender & Law
This Article explains the particular difficulties that female asylum seekers and survivors of gender-related persecution face, reaffirming the need for the practical and sensitive application of international and domestic gender guidelines. Extensive research into client files and interviews with key decision makers prove that, despite scholarship suggesting that women may be advantaged in asylum proceedings, a focus on gender is still needed in the South African context. While there are undoubtedly problematic elements of the 1998 Refugees Act warranting its revision, the addition of gender as an additional category under the refugee definition, as proposed by the recent Refugees Amendment …
Domestic Violence And Gender-Based Persecution: How Refugee Adjudicators Judge Women Seeking Refuge From Spousal Violence – And Why Reform Is Needed, Constance Macintosh
Domestic Violence And Gender-Based Persecution: How Refugee Adjudicators Judge Women Seeking Refuge From Spousal Violence – And Why Reform Is Needed, Constance Macintosh
Articles, Book Chapters, & Popular Press
This report is an effort to address information gaps regarding how gendered claims are addressed by adjudicators at Canada’s Refugee Protection Division of the Immigration and Refugee Board of Canada (the RPD). It looks at one specific type of gendered claim: persecution through domestic or intimate violence. The study considers all the RPD decisions from 2004 to 2009 and judicial reviews from 2005 to 2009 that were reported in the Quicklaw LexisNexis service. These decisions are analyzed both quantitatively and qualitatively.
This report finds adjudicators consistently identify domestic violence as a form of gendered persecution that can form a nexus …
Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman
Shelter From The Storm: An Analysis Of U.S. Refugee Law As Applied To Tibetans Formerly Residing In India, Eileen Kaufman
Scholarly Works
No abstract provided.
Revisiting Germany's Residenzpflicht In Light Of Modern E.U. Asylum Law, Paul Mcdonough
Revisiting Germany's Residenzpflicht In Light Of Modern E.U. Asylum Law, Paul Mcdonough
Michigan Journal of International Law
This Note explores whether the E.C. treaties, nonetheless, provide the European Court of Justice (ECJ) sufficient competence to use the Reception Directive as a vehicle to assess the Residenzpflicht in relation to the Refugee Convention. It concludes that, through the Residenzpflicht, Germany denies refugees lawfully present their Convention right to free movement within its territory, and that the ECJ can order the restoration of this right.