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Full-Text Articles in Law
Chutes And Ladders: Nonrefoulement And The Sisyphean Challenge Of Seeking Asylum In Hungary, Ashley B. Armstrong
Chutes And Ladders: Nonrefoulement And The Sisyphean Challenge Of Seeking Asylum In Hungary, Ashley B. Armstrong
Faculty Publications
Recent developments in Hungary’s asylum law and policy demonstrate an extraordinary subversion of the refugee rights regime and serve as a case study of how a State can pervert its national laws to shirk its international and regional treaty obligations. This Article has two major goals. First, it traces the devolution of Hungarian asylum law from the height of the 2015 refugee crisis to July 2018 through a critical lens. Second, it argues that Hungary is in violation of its nonrefoulement obligations, which prohibits States from returning refugees to countries where they will likely face harm. This Article focuses its …
Lost In Doctrine: Particular Social Group, Child Soldiers And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa R. Davis
Lost In Doctrine: Particular Social Group, Child Soldiers And The Failure Of U.S. Asylum Law To Protect Exploited Children, Tessa R. Davis
Faculty Publications
Exploited and persecuted, child soldiers live lives dominated by violence, fear, and death. Very few will find security within their own nations or abroad. Subjected to exclusionary bars or rigid interpretations of the particular social group ground for asylum, U.S. asylum law frequently functions to exclude those lucky few children who are able to escape their persecutors. Scholars writing on child soldiers and asylum law focus, almost exclusively, on the exclusionary bars and question of whether children are persecutors or victims of atrocities. These concerns are critical because how courts view child soldiers determines whether they will grant or deny …