Statelessness
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International Refugee Law and the Protection of Stateless Persons
Author: Michelle Foster
language: en
Publisher: Oxford University Press
Release Date: 2019-04-04
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.
Protecting Stateless Persons
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.
Vulnerable Groups in Malaysia
Author: Thaatchaayini Kananatu
language: en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date: 2020-10-12
Vulnerability is a term that can be studied from different dimensions – the social, legal, economic and political. This book explores these dimensions and captures the vulnerabilities of particular groups in Malaysia – the transgenders, women, children, aboriginal and indigenous people, the rural fisherfolk, the stateless and the economically disempowered. Mirroring the spectrum of »vulnerable groups« defined by the United Nations Global Compact in the 2016 Sustainable Development Goals Report, this book highlights the unique features that portray vulnerabilities – including gender, age, indigeneity, socioeconomic status and ethnicity. The case studies of vulnerable groups in Malaysia – a multicultural, diverse plural Asian state – would be appreciated by both undergraduate and postgraduate students, academics, researchers and policy-makers, keen in Asian Studies and vulnerabilities.