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Protecting Stateless Persons

Protecting Stateless Persons
Author: Katia Bianchini
Publisher: BRILL
Total Pages: 391
Release: 2018-04-03
Genre: Law
ISBN: 9004362908

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In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.


International Refugee Law and the Protection of Stateless Persons

International Refugee Law and the Protection of Stateless Persons
Author: Michelle Foster
Publisher: Oxford University Press
Total Pages: 200
Release: 2019-04-04
Genre: Law
ISBN: 0192515551

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International Refugee Law and the Protection of Stateless Persons examines the extent to which the 1951 Convention relating to the Status of Refugees protectsde jure stateless persons. While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status. The questions addressed include the following: When is a person 'without a nationality' for the purpose of the 1951 Refugee Convention? What constitutes one's country of former habitual residence as a proxy to one's country of nationality? When does being stateless give rise to a well-founded fear of persecution for reasons specified in the 1951 Refugee Convention and/or UNHCR mandate? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? How are courts assessing individual risk or threat to stateless persons? The book draws on historical and contemporary interpretation of international law based on the travaux préparatoires to the 1951 Refugee Convention and its antecedents, academic writing, UNHCR policy and legal documents, UN Human Rights Council resolutions, UN Human Rights Committee general comments, UN Secretary General reports, and UN General Assembly resolutions. It is also based on original comparative analysis of existing jurisprudence worldwide relating to claims to refugee status based on or around statelessness. By examining statelessness through the prism of international refugee law, this book fills a critical gap in existing scholarship.


Nationality and Statelessness under International Law

Nationality and Statelessness under International Law
Author: Alice Edwards
Publisher: Cambridge University Press
Total Pages: 325
Release: 2014-09-18
Genre: Law
ISBN: 110703244X

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This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.


Protecting the Rights of Stateless Persons

Protecting the Rights of Stateless Persons
Author: Office of the United Nations High Commissioner for Refugees
Publisher:
Total Pages: 16
Release: 2010
Genre: Convention Relating to the Status of Stateless Persons
ISBN:

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Statelessness and ‘right to have rights’. Importance of citizenship in protecting human rights of stateless communities

Statelessness and ‘right to have rights’. Importance of citizenship in protecting human rights of stateless communities
Author: Arshi Aggarwal
Publisher: GRIN Verlag
Total Pages: 48
Release: 2014-12-23
Genre: Law
ISBN: 3656866511

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Thesis (M.A.) from the year 2014 in the subject Politics - Topic: Public International Law and Human Rights, grade: 66, University of Sheffield (Department of Politics), course: Thesis, language: English, abstract: A stateless person is an individual ‘who is not considered as a national by any State under the operation of its law’. In other words, a stateless individual is a person who does not legally belong anywhere. No government is responsible for his or her rights, survival or existence. Stateless people are forced to lead an illegal life and are highly vulnerable to increased ostracism, discrimination and insecurity. Where citizenship is the norm, statelessness is an exceptional phenomenon. Some people are stateless because of ethnic persecution; others lost their citizenship during reformation of the state; some simply fell between the cracks of citizenship laws; and others passed on their statelessness to their children. National citizenship provides people with a sense of identity and is a key to full participation in society (UNHCR, 2012:2). Since only ‘citizens’ are allowed an unrestricted right to enter and reside in a country under international law, stateless people are often left without any residence permit and are subject to repeated or continuous detention. The purpose of this project is to analyse and establish the importance of a ‘right to have rights’ or citizenship by examining and evaluating the plight of existing stateless people in Latvia, Estonia and Myanmar. The study explores the human rights conditions created due to statelessness, adequacy of international organisations’ response to such situations and potency of current legal framework for the protection of stateless individuals.


Understanding Statelessness

Understanding Statelessness
Author: Tendayi Bloom
Publisher: Routledge
Total Pages: 459
Release: 2017-08-04
Genre: Political Science
ISBN: 1351779133

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Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area. They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, ‘Defining Statelessness’, features chapters exploring conceptual issues in the definition of statelessness. The second, ‘Living Statelessness’, uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. ‘Theorising Statelessness’, the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.


International Refugee Law

International Refugee Law
Author: Hne Lambert
Publisher: Routledge
Total Pages: 554
Release: 2017-07-05
Genre: History
ISBN: 1351562215

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The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.


Unravelling Anomaly

Unravelling Anomaly
Author: Amal De Chickera
Publisher:
Total Pages: 263
Release: 2010
Genre: Detention of persons
ISBN: 9780956071736

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The Rights of Non-citizens

The Rights of Non-citizens
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher: United Nations Publications
Total Pages: 58
Release: 2006
Genre: Law
ISBN:

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International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies


Statelessness and 'Right to Have Rights'. Importance of Citizenship in Protecting Human Rights of Stateless Communities

Statelessness and 'Right to Have Rights'. Importance of Citizenship in Protecting Human Rights of Stateless Communities
Author: Arshi Aggarwal
Publisher:
Total Pages: 48
Release: 2015-01-20
Genre:
ISBN: 9783656866527

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Thesis (M.A.) from the year 2014 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 66, University of Sheffield (Department of Politics), course: Thesis, language: English, abstract: A stateless person is an individual 'who is not considered as a national by any State under the operation of its law'. In other words, a stateless individual is a person who does not legally belong anywhere. No government is responsible for his or her rights, survival or existence. Stateless people are forced to lead an illegal life and are highly vulnerable to increased ostracism, discrimination and insecurity. Where citizenship is the norm, statelessness is an exceptional phenomenon. Some people are stateless because of ethnic persecution; others lost their citizenship during reformation of the state; some simply fell between the cracks of citizenship laws; and others passed on their statelessness to their children. National citizenship provides people with a sense of identity and is a key to full participation in society (UNHCR, 2012:2). Since only 'citizens' are allowed an unrestricted right to enter and reside in a country under international law, stateless people are often left without any residence permit and are subject to repeated or continuous detention. The purpose of this project is to analyse and establish the importance of a 'right to have rights' or citizenship by examining and evaluating the plight of existing stateless people in Latvia, Estonia and Myanmar. The study explores the human rights conditions created due to statelessness, adequacy of international organisations' response to such situations and potency of current legal framework for the protection of stateless individuals.