Forced Migration, Human Rights and Security, Studies in by Jane McAdam

By Jane McAdam

The foreign defense regime for refugees and different pressured migrants turns out more and more in danger as measures designed to reinforce safeguard — of borders, of individuals, of associations, and of nationwide identification — encroach upon human rights. This well timed edited assortment responds to a couple of the modern demanding situations confronted via the foreign safeguard regime, with a selected specialise in the human rights of these who're displaced. The booklet starts off through assessing the effect of anti-terrorism legislation on refugee prestige, either on the overseas and household degrees, ahead of turning to ascertain the functionality of offshore immigration keep an eye on mechanisms and extraterritorial processing on asylum seekers' entry to territory and entitlements — either procedural and sizeable. It considers: the actual wishes and rights of youngsters, specially as compelled migrants; the position of human rights legislation in conserving spiritual minorities within the context of debates approximately nationwide identification; the methods of refugee decision-makers in assessing the credibility of facts; and the scope for a world judicial fee to supply constant interpretative advice on refugee legislation, as a way to triumph over — or at the least decrease — the at the moment assorted and infrequently conflicting methods of nationwide courts. The final a part of the ebook examines the prestige of people that reap the benefits of 'complementary safety' — comparable to those that can't be faraway from a rustic simply because they face a threat of torture; merciless, inhuman, or degrading therapy; or punishment — and the scope for the wider thought of the 'responsibility to guard' to handle gaps within the foreign defense regime.

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Extra resources for Forced Migration, Human Rights and Security, Studies in International Law Volume 17

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7 Mr Reith, who was then the Minister, said, ‘Derryn, look I don’t know that. We don’t know that’. 9 In addition, the heightened sense of a terrorist threat has given governments new vigour in pursuing discredited methods for ridding themselves of persons thought to have participated in terrorism, at the expense of human rights values. 13 In that case, the court affirmed that, unlike the Refugee Convention’s qualified prohibition of refoulement, Article 3 of the ECHR is absolute. The court rejected the idea that a balance had to be struck between the rights of the individual and the national security interests of the State, along with the idea that diplomatic assurances provided a basis for return given (in that case) the continued persecution of Sikhs in India.

18 See, eg United Nations Security Council (‘UNSC’) Res 1624 (2005) para 1. 5261 (14 September 2005). 19 See ‘Observations of the Governments of Lithuania, Portugal, Slovakia and the United Kingdom Intervening in Application No. pdf> (accessed 20 June 2007). pdf> (accessed 20 June 2007). 20 UNSC Res 1373 (2001). 21 Most refugee lawyers’ reaction to this language would be a mixture of resignation—as the denigration of asylum seekers has been going on for over a decade—and incomprehension—given the lack of evidence to suggest that refugee status is likely to be abused by terrorists.

I would also like to thank Elinor Jean for her valuable assistance in footnoting the paper. And to all three, thank you for your senses of humour. Any errors remain my own. 1 See D McGrory, ‘The Day When Bin Laden Applied for Asylum—in Britain’ The Times (29 September 2005). In fact, while it appears that bin Laden was interested in immigrating to England, he did not make a formal application and was banned by the Home Secretary. 20 Penelope Mathew or origin, the refugee is granted surrogate protection by international law and this, of course, cuts across the sovereign power to control immigration.

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