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SelectedWorks

2007

Asylum

Articles 1 - 2 of 2

Full-Text Articles in Law

A Call For Refuge: The Case Of Forced Marriages, Emily A. Harrell Oct 2007

A Call For Refuge: The Case Of Forced Marriages, Emily A. Harrell

Emily A Harrell

This case note examines the ramifications of the Second Circuit Court of Appeal’s recent decision in Gao v. Gonzalez, 440 F.3d 62 (2d Cir. 2006), holding that women who were forced into marrying within a Chinese community where forced marriage was condoned and enforceable qualified as a “particular social group” eligible for asylum within the meaning of the Immigration and Nationality Act. Gao brings into question the position of the United States and the duties owed to refugees in such circumstances. This issue is particularly significant given the demonstrated concern for human rights as manifested by the United States accession …


Asylum And Voluntary Repatriation Applied To The Sub-Saharan African Legal Context: Are They Two Viable Solutions For Refugees?," , Cristiano D'Orsi Mar 2007

Asylum And Voluntary Repatriation Applied To The Sub-Saharan African Legal Context: Are They Two Viable Solutions For Refugees?," , Cristiano D'Orsi

Cristiano d'orsi

This article deals with two aspects bound to the legal conditions of refugees in the African continent, namely asylum and voluntary repatriation. The first is considered like the “traditional” solution for people, either individuals or groups, obliged to flee from their own countries. On the contrary, the second is the solution traditionally invoked as the preferable one either by States or by institutions, like the United Nations High Commissioner for Refugees , to put an end to the precarious condition of refugees. In this work, we will also examine the principle of non-refoulement, cornerstone of the legal protection of refugees …