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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum. Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.
This book brings together a number of perspectives on how different European states have responded to the phenomenon of football crowd disorder and violence, or "hooliganism". It applies a comparative legal approach, with a particular focus on civil and human rights, to analyze domestic legislation, policing and judicial responses to the problem of "football hooliganism" in Europe. Academics and legal professionals from eight different European countries introduce and analyze the different approaches and draw together common themes and problems from their various jurisdictions. They offer insights into the interactions between (domestic) politicians, law enforcers and sports authorities. The book is important reading for scholars and practitioners in the fields of law, sports law, sociology and criminology, and for all those concerned with questions of law enforcement and human rights. While it perfectly fits the curriculum for postgraduate studies in the fields mentioned, it is also highly recommended as secondary reading for undergraduate students. Dr. Anastassia Tsoukala is tenured Associate Professor at the University of Paris XI, France. Dr. Geoff Pearson is Senior Lecturer in Criminal Law at the University of Manchester's Law School, Manchester, United Kingdom. Dr. Peter Coenen was Assistant Professor of Law at Maastricht University in the Netherlands.
Political hackers, like the infamous Anonymous collective, have demonstrated their willingness to use political violence to further their agendas. However, many of their causes - targeting terrorist groups, fighting for LGBTQ+ rights, and protecting people's freedom of expression, autonomy and privacy - are intuitively good things to fight for. This book will create a new framework that argues that when the state fails to protect people, hackers can intervene and evaluates the hacking based on the political or social circumstances. It highlights the space for hackers to operate as legitimate actors; guides hacker activity by detailing what actions are justified toward what end; outlines mechanisms to aid hackers in reaching ethically justified decisions; and directs the political community on how to react to these political hackers. Applying this framework to the most pivotal hacking operations within the last two decades, including the Arab Spring, police brutality in the USA and the Nigerian and Ugandan governments' announcements of homophobic legislation, it offers a unique contribution to conceptualising hacking as a contemporary political activity
This book provides the first book-length, English-language account of the political ethics of large-scale, Western-based humanitarian INGOs, such as Oxfam, CARE, and Doctors Without Borders. These INGOs are often either celebrated as 'do-gooding machines' or maligned as incompetents 'on the road to hell'. In contrast, this book suggests the picture is more complicated. Drawing on political theory, philosophy, and ethics, along with original fieldwork, this book shows that while humanitarian INGOs are often perceived as non-governmental and apolitical, they are in fact sometimes somewhat governmental, highly political, and often 'second-best' actors. As a result, they face four central ethical predicaments: the problem of spattered hands, the quandary of the second-best, the cost-effectiveness conundrum, and the moral motivation trade-off. This book considers what it would look like for INGOs to navigate these predicaments in ways that are as consistent as possible with democratic, egalitarian, humanitarian and justice-based norms. It argues that humanitarian INGOs must regularly make deep moral compromises. In choosing which compromises to make, they should focus primarily on their overall consequences, as opposed to their intentions or the intrinsic value of their activities. But they should interpret consequences expansively, and not limit themselves to those that are amenable to precise cost-benefit analysis. The book concludes by explaining the implications of its 'map' of humanitarian INGO political ethics for individual donors to INGOs, and for how we all should conceive of INGOs' role in addressing pressing global problems.
This book discusses human rights law, focusing on Chinese contributions to international human rights viewed from a perspective of global governance. The original research presented here integrates a variety of research methods: inter-disciplinary approaches, historical and comparative methods, documentary research and so on. The research findings can be described briefly as follows: In global governance, the Universal Declaration of Human Rights (UDHR) serves as a historic cross-cultural heritage, while Pengchun Chang, the Chinese representative, made great contributions to the establishment of the international human rights system. After examining the characteristics of the Chinese discourse on human rights in global governance, the book suggests fundamental principles for improving human rights standards in China. In addition, it explores Chinese concepts of human dignity concerning the Declaration on Human Dignity for everyone, everywhere. The target readers are global scholars and students of law, politics, philosophy, international relations, human rights law, religion and culture. The book will provide these readers a vivid picture of China's contributions to international human rights, and a better understanding of the significance of traditional Chinese culture and wisdom.
Quarantine has shaped our world, yet it remains both feared and misunderstood. It is our most powerful response to uncertainty, but it operates through an assumption of guilt: in quarantine, we are considered infectious until proven safe. An unusually poetic metaphor for moral and mythic ills, quarantine means waiting to see if something hidden inside of us will be revealed. Until Proven Safe tracks the history and future of quarantine around the globe, chasing the story of emergency isolation through time and space – from the crumbling lazarettos of the Mediterranean to the hallways of the CDC, to the corporate giants hoping to disrupt the widespread quarantine imposed by Covid-19 before the next pandemic hits through surveillance and algorithmic prediction. Yet quarantine is more than just a medical tool: Geoff Manaugh and Nicola Twilley drop deep into the Earth to tour a nuclear-waste isolation facility beneath the New Mexican desert, strip down to nothing but protective Tyvek suits to see plants stricken with a disease that threatens the world’s wheat supply, and meet NASA’s Planetary Protection Officer tasked with saving the Earth from extraterrestrial infections. The result is part travelogue, part intellectual history – a book as compelling as it is definitive, and one that could not be more urgent or timely.
This book deals with Vitoria, Charles V and Erasmus. Vitoria's ideas had a major influence on Charles V and his European and American policy. In turn, Erasmus' humanism was decisive in the formation of a new international order intellectually discussed by Vitoria and put into practice by the Emperor. Shedding new light on the influence of Francisco de Vitoria and Erasmus on Charles V's imperial policy, the book's goal is to explore the impact of Vitoria's thought with regard to the history of, and contemporary issues in, international law, while also comparing his thinking with that of the well-known humanist Erasmus and assessing their respective influences on the imperial policy of Charles V.
Joint Investigation Teams have been adopted in several EU as well as non-EU documents as a new instrument to facilitate mutual legal assistance. This book provides professionals dealing with criminal cooperation with a theoretical and at the same time practical guide on how the instrument of a Joint Investigation Team (JIT) can be used to maximum advantage. The first attempts to establish a JIT within the European Union were monitored and analysed by the authors. The results thereof serve as the basis for the more theoretical and abstract analysis in this book. Obstacles met are analysed and suggestions are made on how to avoid them in the future. The book elaborates on the different stages in establishing a JIT as well as the different stages of an operational JIT. It analyses the possible involvement of Europol and Eurojust and provides an insight into the practical aspects of a JIT. Last but not least, the authors formulate the necessary conditions and make recommendations for establishing successful JITs. The added value premise of using the instrument of a JIT is the common denominator throughout the book. This makes the book a valuable document for all practitioners involved in the establishment and management of JITs, such as police officers, policy makers, legislators, prosecutors and academics. Edited by Dr. Conny Rijken, Researcher and Lecturer at Tilburg University, The Netherlands, and Prof. Dr. Gert Vermeulen, Professor of Criminal Law and Director of the Institute for International Research on Criminal Policy (IRCP), Ghent University, Belgium.
More than ten years after the adoption of the UN Guiding Principles on Business and Human Rights, this book critically reviews the achievements, limits and next frontiers of business and human rights following the 'protect, respect, remedy' trichotomy. The UN Guiding Principles acted as a catalyst for hitherto unprecedented regulatory and judicial developments. The monograph by Macchi proposes a functionalist reading of the state's duty to regulate the transnational activities of corporations in order to protect human rights and adopts a holistic approach to the corporate responsibility to respect, arguing that environmental and climate due diligence are inherent dimensions of human rights due diligence. In the volume emerging legislations are assessed on mandatory human rights and environmental due diligence, as well as the potential and limitations of a binding international treaty on business and human rights. The book also reviews groundbreaking litigation against transnational corporations, such as Lungowe v. Vedanta or Milieudefensie v. Shell, for their human rights and climate change impacts. The book is primarily targeted at academic and non-academic legal experts, as well as at researchers and students looking at business and human rights issues through the lenses of legal studies (particularly international law and European law), political sciences, business ethics, and management. Additionally, it should also find a readership among practitioners working in the public or private sector (consultants, CSR officers, legal officers, etc.) willing to familiarize themselves with the expanding areas of liability, financial and reputational risks connected to the social and environmental impacts of global supply chains. Chiara Macchi is currently Lecturer in Law at Wageningen University & Research in The Netherlands.
This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states' margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.
Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
How can we make sense of human rights in China's authoritarian system? In this insightful book, China law expert Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices involving a variety of actors, including officials of the system and civil society actors. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses sources of human rights violations, as well as institutional avenues of protection and social practices of human rights defence. Three central areas are given special attention: liberty and integrity of the person and the right not to be tortured; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas. Yet, civil society actors have developed social practices of human rights advocacy whose political significance is not entirely dependent on the Party-State. Despite authoritarianism's lengthening shadows, China's human rights movement has so far proved resourceful and resilient, and the trajectories discussed in this book will continue to shape ongoing struggles.
This book analyses gender-based offences on the Internet from the perspective of international human rights law, interwoven with rights theories and feminist legal theories. It investigates whether international human rights law is applicable in regulating harmful online conduct and speech, with a focus on sexual violence, various forms of harassment, sexist hate speech and harmful pornography. This involves assessing whether gender-based online offences are considered violations of international human rights law and - if they are recognised as such explicitly or by way of interpretation - the extent of state obligations. The book reviews a range of international law sources, such as selected international human rights law treaties, case law, soft-law documents and academic scholarship. The application of general human rights law provisions to the online sphere is evaluated by considering the online/offline coherence of provisions as well as potential gaps, inconsistencies and disadvantages that exist in the regulation of online gender-based offences. The makeup, aim and effect of social spheres, areas of law and legal principles are thus assessed in relation to gender and the Internet. Aspects discussed include the architecture of the Internet, the structure of public international law, the harm principle as employed in domestic law and international human rights law, and the scope of particular rights, mainly involving the freedom of expression and the right to privacy. Working from the premise that the transposition of international human rights law to the Internet must ensure the former's functionality and effectiveness, the book argues that a contextual application of rights is called for. This requires assessing what is harmful online - including the effects of online speech and conduct - and what are effective means of regulating liability on the Internet. In turn, such assessments require a gender-sensitive approach.
This volume explores the various challenges faced by migrant unaccompanied children, using a clinical sociological approach and a global perspective. It applies a human rights and comparative framework to examine the reception of unaccompanied children in European, North American, South American, Asian and African countries. Some of the important issues the volume discusses are: access of displaced unaccompanied children to justice across borders and juridical contexts; voluntary guardianship for unaccompanied children; the diverse but complementary needs of unaccompanied children in care, which if left unaddressed can have serious implications on their social integration in the host societies; and the detention of migrant children as analyzed against the most recent European and international human rights law standards. This is a one-of-a-kind volume bringing together perspectives from child rights policy chairs across the world on a global issue. The contributions reflect the authors' diverse cultural contexts and academic and professional backgrounds, and hence, this volume synthesizes theory with practice through rich firsthand experiences, along with theoretical discussions. It is addressed not only to academics and professionals working on and with migrant children, but also to a wider, discerning public interested in a better understanding of the rights of unaccompanied children.
Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations. The importance of the underlying legislation and history is underlined in order to understand the law's functions concerning discrimination, exclusion, and violence, as well as the problematic nature of introducing biology into the regulation of human relations, and using it to justify pain and suffering. The respective chapters also highlight how various governmental authorities, as well as civil society, have been integral in fostering or impeding the welfare of trans persons, from judges and legislators, to medical commissions and law students. A collective effort of scholars scattered around the globe, this book recognizes the international trend toward self-determination in sex classification and a generous guarantee of rights for individuals expressing diverse gender identities. The book advocates the dissemination of a model for the protection of rights that not only focuses on formal equality, but also addresses the administrative obstacles that trans persons face in their daily lives. In addition, it underscores the importance of courts in either advancing or obstructing the realization of individual rights.
For peoples whose legal agreements, treaties, and other accords and conventions with the United States have been violated, multiculturalism as a pedagogical tool often becomes suspect of reinforcing the continued reification and abstraction of their cultures and nations with little if any real meaning for educational and social transformation. The continued oppression and repression of the exercise of self-determination for African Americans; the persistence of policies aimed at the destruction of indigenous populations and land; the insidious continuation of classical colonialism in the case of Puerto Rico are all vivid reminders to these peoples of the racist, classist, sexist, and homophobic patriarchy that characterizes their status. In order to restore people's rights to fully determine their own histories, Jackson and Solis point out that it is imperative to destroy the material foundations that breed and recycle the ideology, discourse, and cultural practices of domination. It is not enough to celebrate diversity and difference; there must be grand-scale social, political, economic, and educational transformation.
.In Our Right to Drugs, Thomas Szasz shows that our present drug war started at the beginning of this century, when the American government first assumed the task of protecting people from patent medicines. By the end of World War I, however, the free market in drugs was but a dim memory, if that. Instead of dwelling on the familiar impracticality or unfairness of our drug laws, Szasz demonstrates the deleterious effects of prescription laws which place people under lifelong medical tutelage. The result is that most Americans today prefer a coercive and corrupt command drug economy to a free market in drugs. Throughout the book, Szasz stresses the consequences of the fateful transformation of the central aim of American drug prohibitions from protecting us from being fooled by misbranded drugs to protecting us from harming ourselves by self-medication--defined as drug abuse. And he reminds us that the choice between self-control and state coercion applies to all areas of our lives, drugs being but one of the theaters in which this perennial play may be staged. A free society, Szasz emphasizes, cannot endure if its citizens reject the values of self-discipline and personal responsibility and if the state treats adults as if they were naughty children. In a no-holds-barred examination of the implementation of the War on Drugs, Szasz shows that under the guise of protecting the vulnerable members of our society--especially children, blacks, and the sick--our government has persecuted and injured them. Leading politicians persuade parents to denounce their children, and encourage children to betray their parents and friends--behavior that subverts family loyalties and destroys basic human decency. And instead of protecting blacks and Hispanics from dangerous drugs, this holy war has allowed us to persecute them, not as racists but as therapists--working selflessly to bring about a drug-free America. Last but not least, to millions of sick Americans, the War on Drugs has meant being deprived of the medicines they want-- because the drugs are illegal, unapproved here though approved abroad, or require a prescription a physician may be afraid to provide. The bizarre upshot of our drug policy is that many Americans now believe they have a right to die, which they will do anyway, while few believe they have a right to drugs, even though that does not mean they have to take any. Often jolting, always stimulating, Our Right to Drugs is likely to have the same explosive effect on our ideas about drugs and drug laws as, more than thirty years ago, The Myth of Mental Illness had on our ideas about insanity and psychiatry.
For the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights-driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.
This timely book comprehensively examines whether the worst human rights violations directed specifically at sexual and gender minorities are punishable under international criminal law, as codified in the Rome Statute of the International Criminal Court. Drawing on general rules of interpretation, the development of human rights for sexual and gender minorities, and the social construction of gender, this monograph reveals that the worst crimes committed against persons because of their sexual orientation or gender identity can amount to crimes against humanity, particularly the crime of persecution under Article 7(1)(h). It also shows how legislators can be held individually criminally responsible for passing laws that criminalize consensual same-sex sexuality. The book not only makes a significant and original contribution to the literature but is also highly relevant for international criminal law practitioners, since, so far, no cases regarding this topic exist. Dr. Valerie V. Suhr is currently a trainee lawyer in the district of the Koblenz Court of Appeal in Germany
The second edition of this successful handbook, edited by well-known experts in this field, includes core questions in the field of child abuse and neglect. It addresses major challenges in child maltreatment work, starting with "What is child abuse and neglect?" and then examines why maltreatment occurs and what are its consequences. The handbook also addresses prevention, intervention, investigation, treatment as well as civil and criminal legal perspectives. It comprehensively studies the issue from the perspective of a broader, international and cross-cultural human experience. Apart from a thorough revision of existing chapters, this edition includes many new chapters covering recent developments in this area and other issues not covered in the first edition. There is more focus on substance abuse, psychological abuse, and on social and community involvement and public health provisions in the prevention of child maltreatment. The handbook examines what is known now and more importantly what remains to be researched in the coming decades to help abused and neglected children, their families and their communities, thereby taking the field forward.
Volume 24 of the Yearbook of International Humanitarian Law (IHL) is dedicated to investigating IHL's universalist claims from different perspectives and regarding different areas of IHL. While academic debates about "universalism versus particularism" have dominated much of the critical scholarship in international law over the past two decades, they remain relatively underexplored in the field of IHL. The current volume fills this gap in IHL literature by focusing on the ways in which different interpretive communities approach questions of IHL from differing perspectives. Authors were invited to use the concept of culture to deconstruct and take critical distance from the production, interpretation, and application of IHL, and those keen on challenging the idea that IHL needs critical deconstruction were also invited to argue their case. The Volume contains four articles dedicated to the subject of cultures of IHL. It also features a book symposium on Samuel Moyn's Humane: How The United States Abandoned Peace and Reinvented War (2021) and ends, as usual, with a Year in Review section. The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. The Yearbook has always strived to be at the forefront of the debate of pressing doctrinal questions of IHL and will continue to do so in the future. As this volume shows, it is also a forum for taking a step back and reflecting on the broader, theoretical issues that inform the practice and thinking about the field. The Yearbook provides an international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, it bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.
This book focuses on China's evolution in the field of human rights protection, highlighting its achievements in various systems of human rights protection, as well as its role in international human rights governance and the healthy development of human rights. From the perspective of China's human rights protection, starting with various types of citizens, e.g. women, children and the disabled, the book analyzes and discusses the changes and major events in the country's human rights development path one by one, while also explaining the Chinese stance on human rights development. China is becoming more active in the international human rights cooperation field, playing its unique and constructive role and serving as the participant, builder and contributor of the international human rights governance.
This book addresses the 'three moments' in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers' and refugees' efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status.The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons' flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers' journey.In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries' interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one's sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges.The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them. |
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