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Articles 1 - 22 of 22
Full-Text Articles in Law
Refugee Homes And The Right To Property: Sunk Costs And Networked Mobility, Jordan Hayes
Refugee Homes And The Right To Property: Sunk Costs And Networked Mobility, Jordan Hayes
Biennial Conference: The Social Practice of Human Rights
For refugees outside their state of origin, access to humanitarian protection can come at the cost of the right to own a home. Following Anneke Smit’s scholarship on the possible contradictions between humanitarian protection and property rights, this paper explores the case of refugee homes built in the Kurdistan Region of Iraq (KRI) by Syrian asylum seekers. Interviews with Syrian refugees collected in Iraq from 2018-2019 reveal the paradoxical situation faced by refugees who invest time, expertise, memory, hope, and money in a house—yet do not own it. While non-citizens in the KRI rarely have the chance to secure legal …
Dossier: The Stateless Rohingya—Practical Consequences Of Expulsion, Fiza Lee-Winter, Tonny Kirabira
Dossier: The Stateless Rohingya—Practical Consequences Of Expulsion, Fiza Lee-Winter, Tonny Kirabira
Genocide Studies and Prevention: An International Journal
The international community has been called upon to ramp up efforts to end statelessness and provided with a guiding framework of 10 Actions. This dossier presents the practical consequences of expulsion, both direct and indirect outcomes of collective violence, directed towards the Rohingyas. Touching upon the nexus between children's rights, human trafficking, and practical challenges associated on-the-ground, the dossier also discusses the imperative need for the Association of Southeast Asian Nations (ASEAN) states—collectively as a region—to take steps in fulfilling Action 7 of the Global Action Plan through the birth registration of Rohingya children as part of their existing efforts …
Predictors Of Refugees’ Ability To Pass The United States Citizenship Exam, Molly Grover, Fern Hauck, Sarah Blackstone, Emily Cloyd
Predictors Of Refugees’ Ability To Pass The United States Citizenship Exam, Molly Grover, Fern Hauck, Sarah Blackstone, Emily Cloyd
Virginia Journal of Public Health
Background: Passing the United States citizenship exam can be challenging for refugee populations for several reasons, including affordability of English classes, time restraints, medical stressors, and limited formal education. The purpose of this study was to examine factors that may influence a refugees’ ability to pass the citizenship exam, including English proficiency, education, employment, and completion of English as a Second Language (ESL) classes.
Methods: Refugee patients at the International Family Medicine Clinic (IFMC) in Central Virginia participated in a survey that assessed their levels of English proficiency and whether or not they had passed the citizenship exam. The survey …
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
Philosophy: Faculty Publications and Other Works
Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …
Adjudicating The Religious Beliefs Of An Asylum Seeker: When The "Well-Founded Fear" Standard Leads Courts Astray, Maritza Black
Adjudicating The Religious Beliefs Of An Asylum Seeker: When The "Well-Founded Fear" Standard Leads Courts Astray, Maritza Black
Concordia Law Review
No abstract provided.
“By Accident Of Birth”: The Battle Over Birthright Citizenship After United States V. Wong Kim Ark, Amanda Frost
“By Accident Of Birth”: The Battle Over Birthright Citizenship After United States V. Wong Kim Ark, Amanda Frost
Articles in Law Reviews & Other Academic Journals
In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting the Wong family's struggle for legal recognition to illuminate the convoluted history of birthright citizenship. Newly discovered archival materials reveal that Wong Kim Ark and his family experienced firsthand, and at times shaped, the fluctuating relationship between immigration, citizenship, and access to …
Trump Expelled Refugees Against Cdc Advice. As Covid Subsides, Why Won't Biden Admit Them?, Lindsay M. Harris, Sarah Sherman-Stokes
Trump Expelled Refugees Against Cdc Advice. As Covid Subsides, Why Won't Biden Admit Them?, Lindsay M. Harris, Sarah Sherman-Stokes
UDC Law Faculty in the News
No abstract provided.
Unrwa And Palestine Refugees, Susan M. Akram
Unrwa And Palestine Refugees, Susan M. Akram
Faculty Scholarship
This chapter studies the relationship between Palestinian refugees and the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). UNRWA’s role is to provide humanitarian ‘relief’ and to provide economic opportunities—‘works’—for refugees in the areas of major displacement: the West Bank, Gaza, Syria, Jordan, and Lebanon. Initially, the definition of Palestine refugee for UNRWA’s purposes was a sub-category of the United Nations Conciliation Commission on Palestine definition for purposes of relief provision, but it also included other categories of persons displaced from later conflicts. Following the passage of the Convention on the Reduction of Statelessness, the …
Colombia, Un Refugio Cercano Pero No Accesible Para Los Venezolanos, Diana Maria Tovar Rojas
Colombia, Un Refugio Cercano Pero No Accesible Para Los Venezolanos, Diana Maria Tovar Rojas
Master's Theses
The non-application of the International Protection mechanisms, such as the non-recognition of the determination of refugee status to the migrant population victims of forced migration, not only aggravates the conditions of vulnerability of the migrants because the State does not respond adequately to their specific needs but also because the State is violating what is stipulated in the International Human Rights Law and ignoring its responsibilities acquired by having signed instruments of the International Protection Regime. Despite the fact that Colombia is the largest recipient of Venezuelan migrants in Latin America due to its geographical proximity, it is also one …
Memory And Identity: Inter-Generational Resilience And Construction Of Diasporic Identities Among Somali Refugees, Hamida Dahir Sheikh Ahmed
Memory And Identity: Inter-Generational Resilience And Construction Of Diasporic Identities Among Somali Refugees, Hamida Dahir Sheikh Ahmed
Master's Theses
The violence and displacement many refugees face often create a lifelong trauma that manifests in many ways within themselves, their families, and communities. The Somali refugee community in the United States is no different. Since their resettlement in America started in the 1990s following the civil war, the community has struggled with different manifestations of that trauma; substance abuse and gang violence among the youth, prominence of depression and suicide rates, rise of domestic violence, as well as other direct and indirect results associated with mental health. This is the reality of many refugee and immigrant communities, coming directly from …
The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers
The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers
Master's Theses
The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …
The Blue State: Unrwa's Transition From Relief To Development In Providing Education To Palestinian Refugees In Jordan, Alana Mitias
The Blue State: Unrwa's Transition From Relief To Development In Providing Education To Palestinian Refugees In Jordan, Alana Mitias
Honors Theses
Often referred to as the “Blue State”–due in part to its association with the United Nations’ trademark blue branding–the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) has evolved since its creation in 1949 to become both a symbol of the Palestinian cause and an inimitable public service provider across its five areas of operation, especially in regards to education. In the Hashemite Kingdom of Jordan alone, the UNRWA education program educates more than 120,000 students in 169 schools with results comparable with, if not often superior to, Jordanian public schools.
The UNRWA regime …
Us Vs. Wales: Comparing And Improving Refugee Health Policy, Payton Ramsey
Us Vs. Wales: Comparing And Improving Refugee Health Policy, Payton Ramsey
Senior Theses
Inadequate strides have been made to bolster the short and long-term health of growing numbers of refugees awaiting resettlement. The United Nations Higher Commission for Refugees (UNHCR), as well as many countries of resettlement, guarantee the right to health as signatories of the UN 1951 Refugee Convention, but in many situations refugee accessibility to healthcare and health resources is limited by time restrictions on benefits, immigration status, and/or financial circumstances.
This thesis provides a synopsis of the historical roots of current policies and legislative frameworks relating to refugee health for Wales and the US. Through the analysis of governmental policy …
The Authority Of International Refugee Law, Evan J. Criddle, Evan Fox-Decent
The Authority Of International Refugee Law, Evan J. Criddle, Evan Fox-Decent
William & Mary Law Review
As COVID-19 has spread around the world, many states have suspended their compliance with a core requirement of international refugee law: the duty to refrain from returning refugees to territories where they face a serious risk of persecution (the duty of non-refoulement). These measures have prompted some observers to question whether non-refoulement will survive the pandemic as a nonderogable legal duty. This Article explains why the international community should embrace non-refoulement as a peremptory norm of general international law (jus cogens) that applies even during public emergencies, such as the coronavirus pandemic. Viewed from a global justice perspective, the …
Welcome To The New Dignity, Donna M. Hughes
Welcome To The New Dignity, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Exploring Refugee Administration Systems In Egypt, Jordan, And Uganda: A Comparative Study, Noura El Guindy
Exploring Refugee Administration Systems In Egypt, Jordan, And Uganda: A Comparative Study, Noura El Guindy
Theses and Dissertations
In this study, I compare three refugee administration models in the global south to one another: Egypt’s, Jordan’s, and Uganda’s. This research is conducted at what I believe is a curious moment of history, where host countries in the global south are encouraged by wealthier states to accept aid in exchange for keeping migrants in the south. In these circumstances, refugee administration models in host countries continue to operate, and new political approaches arise, such as the “Jordan Refugee Compact”. The aim of the comparative study is to spot both the successes and failures of each model in the three …
How A Universal Definition May Shape The Looming Climate Refugee Crisis, Alexandra Haris
How A Universal Definition May Shape The Looming Climate Refugee Crisis, Alexandra Haris
Human Rights Brief
No abstract provided.
Shadow Pandemic: Covid-19 Lockdown Brings Increased Risk Of Violence For Rohingya Women And Girls, Sara Edwards
Shadow Pandemic: Covid-19 Lockdown Brings Increased Risk Of Violence For Rohingya Women And Girls, Sara Edwards
Law in a Post-Pandemic World
This blog is a reflection on the increases in gender-based violence (GBV) against Rohingya women in Bangladesh due to the COVID-19 pandemic.
What Accounts For The Variation Of Immigration Policies In Western Democracies Since 9/11?, Hayley Mcelroy
What Accounts For The Variation Of Immigration Policies In Western Democracies Since 9/11?, Hayley Mcelroy
Williams Honors College, Honors Research Projects
From the aftermath of the 9/11 terrorist attacks to now, there has been a dramatic change of immigration policies among Western Democracies. This comparative paper will measure the change of refugee acceptance rates and will discover the reasons for these variations. Immigration has become a major issue in the United States as well as in other Western democracies. Even though most of these democracies are located in similar geographic areas and have similar cultures, they all have different approaches when it comes to accepting immigrants and refugees. Furthermore, this paper will analyze the policies of the United States, the United …
21st Century Refugees: Uncovering The Human Rights Gap, J. Mauricio Gaona
21st Century Refugees: Uncovering The Human Rights Gap, J. Mauricio Gaona
Human Rights Brief
No abstract provided.
Human Dignity Has No Borders: Respecting The Rights Of "People On The Move" And The Rights And Religious Freedom Of Those Who Aid Them, Christine Venter
Human Dignity Has No Borders: Respecting The Rights Of "People On The Move" And The Rights And Religious Freedom Of Those Who Aid Them, Christine Venter
Journal Articles
This Article argues that states must desist from and be held accountable for the ongoing practices of denying refugees due process and denying humanitarian groups the rights to freely associate and freely exercise their religion in assisting refugees.
Refugees, Refoulement, And Freedom Of Movement: Asylum Seekers’ Right To Admission And Territorial Asylum, Timothy E. Lynch
Refugees, Refoulement, And Freedom Of Movement: Asylum Seekers’ Right To Admission And Territorial Asylum, Timothy E. Lynch
Faculty Works
Despite the assertions by many, including eminent refugee scholars, UNHCR, and other refugee advocates, and except within the contexts of the regional regimes of Africa and Latin America, international law, including the 1951 Refugee Convention (and its 1967 Protocol) and the customary international law of non-refoulement, does not obligate States to admit into their territories asylum seekers or refugees, including those who appear at their frontiers seeking territorial asylum. This Article establishes this claim, considers this absence as a normative incoherency within international refu-gee law, and then concludes by urging States to consent to an obligation to admit asylum seekers …