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The New Politics of Immigration and the End of Settler Societies
This book analyzes the contemporary politics of immigration from the asylum crisis to Islamophobia, multiculturalism, and post-colonialism.
Research Handbook on Feminist Engagement with International Law
For almost 30 years, scholars and advocates have been exploring the interaction and potential between the rights and well-being of women and the promise of international law. This collection posits that the next frontier for international law is increasing its relevance, beneficence and impact for women in the developing world, and to deal with a much wider range of issues through a feminist lens.
Who is Worthy of Protection?
A surprisingly understudied topic in international relations is gender-based asylum. Gender-based asylum offers protection from deportation for migrants who have suffered gender violence and persecution in their home countries. Countries are increasingly acknowledging that even though international refugee law does not include "gender" as a category of persecution, gender violence can threaten people's lives and requires attention. But Meghana Nayak argues that it matters not just that but how we respond to gender violence and persecution. Asylum advocates and the US government have created "frames," or ideas about how to understand different types of gender violence and who counts as victim...
Gender in Refugee Law
Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual o...
The Concealment Controversy
An examination of the concealment controversy in international refugee law.
Unaccompanied Children in European Migration and Asylum Practices
Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migra...
Crossing Law’s Border
The UN Refugee Agency considers resettlement – the selection and transfer of refugees from the state where they seek asylum to another state that volunteers to take them – a tool of refugee protection and an expression of international burden sharing. In this account of Canada’s resettlement program from the Indochinese crisis of the 1970s to the Syrian crisis of the 2010s, Shauna Labman explores how rights, responsibilities, and obligations intersect in the absence of a legal scheme for refugee resettlement. In particular, she examines the role of the law on the voluntary act of resettlement and the effect of resettlement on asylum policies. This pathbreaking book looks at the interplay between resettlement and asylum in one of the world’s most successful refugee protection programs and shows how resettlement can either complement or complicate in-country asylum claims at a time when refugee crises and fear of outsiders are causing countries to close their borders to asylum-seekers around the world.
Comparative Law
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Protection from Refuge
The places in which refugees seek sanctuary are often as dangerous and bleak as the conditions they fled. In response, many travel within and across borders in search of safety. As part of these journeys, refugees are increasingly turning to courts to ask for protection, not from persecution in their homeland, but from a place of 'refuge'. This book is the first global and comparative study of 'protection from refuge' litigation, examining whether courts facilitate or hamper refugee journeys with a particular focus on gender. Drawing on jurisprudence from Africa, Europe, North America and Oceania, Kate Ogg shows that courts have transitioned from adopting robust ideas of refuge to rudimentary ones. This trajectory indicates that courts can play a powerful role in creating more just and equitable refugee protection policies, but have, ultimately, compounded the difficulties inherent in finding sanctuary, perpetuating global inequities in refugee responsibility and rendering refuge elusive.
The Right Kind of Suffering
From the overloaded courts with their constantly changing dates and appointments to the need to prove oneself the “right” kind of victim, the asylum system in the United States is an exacting and drawn-out immigration process that itself results in suffering. When anthropologist Rhoda Kanaaneh became a volunteer interpreter for Arab asylum seekers, she learned how applicants were pushed to craft specific narratives to satisfy the system’s requirements. Kanaaneh tells the stories of four Arab asylum seekers who sought protection in the United States on the basis of their gender or sexuality: Saud, who relived painful memories of her circumcision and police harassment in Sudan and then l...
