Refugee Survey Quarterly - recent issues

Foreword

Chetail, V. — 2009-06-29

Introduction: Integrating Displacement in Peace Processes and Peacebuilding

Koser, K. — 2009-06-29

Refugees and the Regional Dynamics of Peacebuilding

Milner, J. — 2009-06-29

This article examines the relationship between refugees and the regional dynamics of peacebuilding. It argues that recent approaches to peacebuilding have adopted a narrow understanding of conflict. The article outlines the links between protracted refugee situations and regional insecurity to argue that the relationship between peacebuilding and refugees goes beyond repatriation. Instead, the presence of "spoilers" within the refugee-populated areas, the potential for early and forced repatriation, and the politicization of refugees while in exile have all the proven potential to undermine peacebuilding efforts, while the experience of exile may enable refugees to contribute to the peacebuilding process.

Peace Processes and IDP Solutions

Fagen, P. W. — 2009-06-29

The forcible uprooting of people is an inevitable consequence of armed conflict. The processes by which peace agreements are negotiated and implemented will determine whether and under what conditions internally displaced persons (IDPs) will return home or whether other solutions will be necessary or possible. If countries newly emerging from conflict are able to find durable solutions for IDPs and other war-affected populations, it is a significant bellwether for the success of the overall peace process. IDP concerns arise most visibly in the humanitarian practices of government and insurgent parties prior to the conclusion of an overall peace agreement. Subsequently, the language in peace agreements about procedures for refugee returns also encompasses IDP questions. Over the long term, the integration of IDPs depends on the local, regional, and national implementation of agreed principles. International monitoring of local implementation is weak at best.

PeaceBuilding and Displacement in Northern Uganda: A Cross-sectional Study of Intentions to Move and Attitudes towards Former Combatants

Vinck, P., Pham, P. — 2009-06-29

Using data from a cross-sectional survey of internally displaced populations in northern Uganda, this article analyses individual-level determinants of attitudes toward peacebuilding processes, including returning home and the reintegration of former combatants. We find that perceptions of social services and livelihood opportunities at the current place of living and at return or resettlement sites influence individuals’ decisions to move as do attitudes toward former combatants. Furthermore, we show that internally displaced persons are a specific group with needs and attitudes that differ from those of others. Such empirical information must be taken into account for the successful development and implementation of peace and reconstruction programmes.

Giving Peace a Chance: Displacement and Rule of Law During Peacebuilding

Feller, E. — 2009-06-29

The Office of the United Nations High Commissioner for Refugees (UNHCR) works increasingly in societies where conflict or human rights violations of massive proportions have very much relativized the notion of rule of law. These are situations in which the basic components of the machinery of protection and justice simply do not exist, or where they do exist, have lost their legitimacy. In terms of practical outcomes for their persecuted, attacked, or terrorized populations, the relevance of rule of law has to be painfully reconstructed, institution by institution, law by law, and capacity by capacity. UNHCR contributes to this effort, because it can make the difference between solutions or protracted exile for refugees, and if refugee issues go unresolved, the prospects for real and lasting peace are much diminished. The article gives a brief overview of recent developments in this area, examines the challenges the UNHCR faces, stresses the importance of prioritizing the reestablishment of the rule of law, and outlines some lessons learned. Particular challenges include competing justice systems, the tensions between "top down" and "bottom up" approaches, and the issues of land rights and the fight against impunity.

Peacebuilding through the Electoral Participation of Displaced Populations

Grace, J., Mooney, E. D. — 2009-06-29

The participation of displaced populations in elections organized as part of a peacebuilding process is increasingly recognized as fundamental to the goal of peacebuilding itself. Guarantees for their electoral participation are important, first and foremost, as a matter of rights. They also are critical for the legitimacy of the election and its results, and thus for national and regional stability. However, translating these provisions into practice can be a complex task, which requires addressing a range of legal, administrative, practical, and political issues. This article explores the relationship between peacebuilding and the electoral participation of displaced populations, arguing that it is not possible to build peace when exclusion is de jure or de facto built into the process.

Putting Peace to the Vote: Displaced Persons and a Future Referendum on Nagorno-Karabakh

Johansson, P. — 2009-06-29

Fifteen years after the war over Nagorno-Karabakh, the conflict remains unresolved, and Azerbaijan remains host to one of the world's largest per capita populations of internally displaced persons (IDPs). Current plans for a settlement of the conflict envision a crucial role for these IDPs, by proposing their return and participation in a referendum to decide the future status of the disputed territory. This article outlines several issues that need to be considered when arranging for such a referendum: what territory will the referendum concern, who will be eligible to vote, what options will voters choose among, and how will the results be determined? These issues arise from previous experiences of peace processes that provided for referenda. In conclusion, the article argues that the referendum be arranged in such a way as to increase uncertainty about the outcome, rather than gearing it towards one that seeks to confirm and legitimize a solution negotiated by governments.

Top United Nations Peacebuilders and Advocacy for Women, Peace, and Security

Tinde, G. T. — 2009-06-29

A strong correlation between the sex of United Nations (UN) peace operation managers and their advocacy for the role of women in peacebuilding was found in an internet study carried out in May 2008. Senior female UN managers involved in peace processes are ten times more likely than male colleagues publicly to address women's roles as peacebuilders, yet of the sixty-six Special Representatives of the UN Secretary-General (SRSG), Deputy Special Representatives of the UN Secretary-General (DSRSG), and Special Envoys addressing peacebuilding who were listed on the Department of Peacekeeping Operations (DPKO) web site in May 2008, only six were women. In view of the large numbers of women who become refugees or are internally displaced due to armed conflict, it is paramount that peace processes include them at all levels and in all aspects on an equal footing with men. Appointing more women to senior level positions in the UN is one way to achieve this aim.

Internal Displacement and Peacebuilding: Institutional Responses

O'Neill, W. — 2009-06-29

Addressing the needs and respecting the rights of internally displaced persons (IDPs) is not only a humanitarian and human rights issue, but also a strategic one affecting both international peace and security and the prospects for sustainable development. This article explores the conceptual linkages between internal displacement and peacebuilding, focusing on the ways in which addressing the concerns and needs of IDPs can contribute to sustainable peace. The second half of the article looks at institutional responses to the challenge of integrating internal displacement into peacebuilding, with a particular focus on the potential role of the new UN Peacebuilding Commission (PBC).

Documents

2009-06-29

UNHCR Executive Committee, Conclusion No. 101 (LV) - 2004 - Legal Safety Issues in the Context of Voluntary Repatriation of Refugees

2009-06-29

Statement by Mr Antonio Guterres, United Nations High Commissioner for Refugees, to the United Nations Security Council, New York, 8 January 2009

2009-06-29

United Nations Security Council Resolution 1325 (2000) Women, Peace and Security Adopted by the Security Council at its 4213th Meeting on 31 October 2000

2009-06-29

United Nations Security Council Resolution 1820 (2008) Women, Peace and Security Adopted by the Security Council at its 5916th Meeting on 19 June 2008

2009-06-29

UNHCR Policy Framework and Implementation Strategy: UNHCR's Role in Support of the Return and Reintegration of Displaced Populations: August 2008

2009-06-29

Vincent Chetail (ed.), Post-Conflict Peacebuilding: A Lexicon

Koser, K. — 2009-06-29

Sanam Naraghi Anderlini, Women Building Peace: What They Do, Why It Matters

Nerland, K., Ollek, M. — 2009-06-29

Foreword

Chetail, V. — 2009-05-13

Refugee Children and their Future

Hieronymi, O. — 2009-05-13

Although children constitute half of the world's refugee population, the long-term future of refugee children still does not receive sufficient attention in the general debate on the refugee issue, and in particular on so-called durable solutions. The positive impact of the successful integration and assimilation in the past of millions and millions of refugees is largely discarded as irrelevant under "today's changed conditions". Equally ignored are the lessons that should have been learned from having allowed during the last 60 years millions and millions of generations of children to be born and raised as refugees with the only future promised to them being a "return" to the past. The conclusion of the present article is that refugee children represent a tremendous potential for the good and also for future crises and suffering. Thus, one of the principal litmus tests of the quality of refugee policies should be: "What do they do for the long-term future of refugee children?"

The Advent of Child Rights on the International Scene and the Role of the Save the Children International Union 1920-45

Bolzman, L. — 2009-05-13

The Save the Children International Union (SCIU) was founded in 1920 in Geneva by the Save the Children Fund of London in cooperation with the Comité International de Secours aux Enfants of Bern. This philanthropic organization was created in the interwar context. The Declaration of Children's Rights, written in 1923 by the Union, is certainly the most important work of the SCIU. Adopted in 1924 by the General Assembly of the League of Nations, this statement marks the entry of the child into international relations. Moreover, the Declaration reveals the evolving legal status of the child. At times an innocent victim, at other times perceived as an "abnormality", the notion of childhood is in constant evolution. What this stage of life really represents depends on the way it is viewed by society, by politics, by institutions and organizations, etc.

Young Jewish Refugees in Britain 1938/9 and 1945/6

Smith, L. — 2009-05-13

The Declaration of the Rights of the Child, adopted by the League of Nations in 1924, was greeted as a major step in the field of human rights. But the rise of fascism and the extinction of the League dashed all its good intentions. The outbreak of the Second World War had tragic consequences for European children, none more so than Jewish children who, along with their Gypsy counterparts, became victims of one of the greatest crimes against humanity ever during that war. By recording their experiences, childrens' perception is opened up so that we can see beyond the dry statistics to the human and emotional side of the story, which surely is relevant where any child has been, or is, at risk. Their ordeal during the Holocaust has become a yardstick against which all other human rights abuses against children have been measured.

UNHCR's Executive Committee Conclusion on Children at Risk

Pouwels, R. — 2009-05-13

UNHCR's Executive Committee Conclusion No. 107 on Children at Risk,¹ adopted in October 2007, provides operational guidance for states, UNHCR, and other relevant agencies and partners on the protection of children affected by forced displacement and statelessness who are at heightened risk. Recognizing these risks, the Conclusion outlines the main aspects of a comprehensive child protection system. It is divided into fundamentals of child protection, identification of children at risk, and prevention, response, and solutions.

Protection Responses to Unaccompanied and Separated Refugee Children in Mixed Migration Situations

Macdonald, A. — 2009-05-13

This article sets out the main gaps which exist concerning the protection responses to unaccompanied and separated refugee children in mixed migration flows. It represents a summary of a more extensive study conducted and completed by the author and is not an exhaustive examination of all the major issues concerning unaccompanied and separated refugee children. Rather, it seeks to contribute to the research and work being undertaken by others in this area by focusing on what the author identified and perceived as the main individual and systemic protection gaps in the responses to date by national authorities and the international community to the needs of unaccompanied and separated refugee children. The article identifies and analyses some of the main barriers to providing an effective response and offers some recommendations as to possible solutions.

The Challenges of Ensuring Protection to Unaccompanied and Separated Children in Composite Flows in Europe

Feijen, L. — 2009-05-13

To identify and ensure the protection of persons in need of international protection in the context of composite flows of people is one of the major challenges facing Governments in Europe today. The Office of the United Nations High Commissioner for Refugees (UNHCR) cooperates closely with national authorities throughout Europe, in particular in the Mediterranean region, in designing comprehensive strategies within multilateral and bilateral frameworks aimed at identifying those in need of protection, as well as, developing practical mechanisms and burden-sharing arrangements to ensure protection. Unaccompanied and separated children seeking asylum represent one of the most vulnerable categories of people in mixed movements. They tend to be neglected when strategies are adopted to address this problem. In the last couple of years, disturbing reports have been released by human rights organizations on the hazards facing children who are smuggled or trafficked to Europe, who endure deplorable living conditions upon arrival and often do not have access to asylum or migration procedures or simply disappear. The purpose of this article is to outline the legal obligations of states to protect this category of children in accordance with international and European standards and to propose how child-sensitive migration management systems could be designed to accord this group an adequate level of protection.

Combating Child Labour and Promoting Youth Empowerment

Colombini, J. — 2009-05-13

The author provides a brief summary of the problem of child labour, the Conventions of the International Labour Organization (ILO) on child labour and the global extent of the problem. The article emphasises the importance of deepening and strengthening the worldwide movement against child labour as a catalyst for national action. There is a growing consensus that children and young people should be viewed as active partners in the worldwide movement against child labour. For this reason, in 2002, the ILO launched the SCREAM programme. SCREAM – which stands for Supporting Children's Rights through Education, the Arts and the Media – promotes meaningful child participation and youth empowerment. It is an education and social mobilization initiative that recognises that young people have an important role to play in raising awareness and exerting their influence in their communities to bring about social change. The elimination of child labour is an achievable albeit monumental task. In order to eradicate this human rights violation, a multifaceted approach is called for in which greater political commitment and advocacy efforts, by adults and young people alike, are key factors.

Protecting Children in Conflict: An Unfinished Legal and Moral Agenda

Doebbler, C. F. J. — 2009-05-13

Perhaps no individuals suffer more from the effects of war than our children. This contribution briefly reviews how children have suffered in the past, focusing on those who have been forced to flee their homes and often their families. It does this by describing the international law we have put in place to protect our children fleeing from war. It specifically describes the most important provisions of the corpora of international refugee law, international human rights law, and international humanitarian law. These corpora of law contain the law that has been created to mitigate the suffering of children fleeing armed conflicts. Having described the law, brief attention is given to some of the supplementary instruments that are used to interpret the legal obligations of states. And finally, attention is given to selected shortcomings of the law and the international community's efforts to adequately protect children from the scourge of war. The concluding suggestions emphasize the need to refocus our efforts. We need to make sure that the gaps in the law are closed by agreeing to international law that protects all children forced to flee their homes because of armed conflict. And we need to make sure that we address the causes of war by not losing track of the aspirational goal of ending war forever.

Why Child Soldiers are Such a Complex Issue

Vautravers, A. J. — 2009-05-13

The use of child soldiers in armed conflicts is qualified as one of the worst forms of child labour and concerns up to 300,000 individuals under the age of 18 years, some of whom are much younger. Mostly they are in developing countries with the situation being worse in sub-Saharan Africa, where two-thirds of contemporary armed conflicts are raging. The phenomenon is not recent, but has nevertheless increased with the end of the Cold War and the multiplication of intra-state conflicts. International legal standards have been developed over the past 30 years. The difficulties in implementing them are due to the fact that, in most cases, child soldiers are present in the context of failed states, of internal conflicts, non-state actors, paramilitary organizations, organized crime, minorities and vulnerable groups, and/or mobile or displaced populations. This article attempts to list the main causes of the recruitment and use of child soldiers and suggests long-term cooperation and development as more effective approaches than the present disarmament, demobilization, and reintegration programmes.

Child Soldiers in the East of the Democratic Republic of the Congo

Rakisits, C. — 2009-05-13

According to the academic literature, the most widely used estimate is that approximately 300,000 children are part of regular and irregular armies worldwide, either as combatants or as support personnel. Moreover, most scholars believe that their numbers are growing. However, the truth is that no one really knows the actual number of child soldiers fighting in some seventy-two government or rebel forces in about twenty countries. This is simply because field work on this subject is notoriously difficult. And as it is in breach of international humanitarian law to engage a child under the age of 18 years, regular armies and guerrilla forces are hardly going to publicize the number of child soldiers in their ranks. Whatever the true number of child soldiers may be, the fact remains that child soldiers have become a principal component of military forces across Africa, Asia, and Latin America. For Africa alone, estimates suggest that there are 120,000 children, 40 per cent of all child soldiers. Moreover, not only has Africa experienced the fastest growth in the use of child soldiers, but the average age of the children enlisted in some African countries is declining as well. And this is despite the fact that there are a number of international treaties and principles that prohibit the use of child soldiers. Successfully bringing peace, security, and the rule of law in the Kivu provinces, in the Democratic Republic of the Congo (DRC), will be a massive challenge that will require domestic and regional measures implemented over probably several years. This will necessitate the continued active political and financial support of the international community.

Preventing Children from Joining Armed Groups

Poretti, M. — 2009-05-13

In situations of armed conflict or violence, a significant number of children below the age of eighteen join armed groups on their own volition. That they do so challenges received ideas of children as vulnerable or passive victims and provides evidence that they are also creative and resilient actors aiming to improve their lives. This article examines their reasons for "joining up". In order to further preventive action in their behalf, it adopts the probabilistic notion of "children at risk" and describes the complex set of interrelated individual and environmental factors that have been found to enhance or decrease the likelihood that children will join armed groups. It discusses how preventive responses may be tailored to specific levels of risk and also examines the lessons learnt so far in this field. It concludes by describing responsibilities within and beyond the International Red Cross and Red Crescent Movement and suggests possible ways ahead.

Preventing the Recruitment of Child Soldiers: The ICRC Approach

Barstad, K. — 2009-05-13

Armed conflict has wide implications for civilian populations generally. Of particular concern are the diverse threats to which children are exposed in such circumstances. One of the many illegal acts to which children fall victim is recruitment by armed forces and armed groups. Preventing the recruitment of children and their participation in hostilities is by far the best way of protecting them. The International Committee of the Red Cross (ICRC), therefore, places a great deal of emphasis on prevention. Ensuring respect for the rights of children is a top priority. Providing a secure environment where children have ways of being safe, well fed and properly clothed that do not involve carrying a gun is something to which all of us can and must contribute. But it is states that bear the primary responsibility for creating this environment. The ICRC will continue to promote the principle of not recruiting children and support the development and application of international humanitarian law at field level, in the hope that one day there will be no more child soldiers, and that humanity and justice will prevail.

Trauma and Disorganized Attachment in Refugee Children: Integrating Theories and Exploring Treatment Options

Stauffer, S. — 2009-05-13

Refugee families incur many different types of stressors in the course of the phases prior to flight, those of flight, and resettlement. Multiple and varied negative life events and traumas, such as those experienced by refugee families, may give rise to negative changes in attachment between children and their parents. However, such negative changes in attachment may be countered through the use of culturally appropriate counselling theories and their respective interventions. The integration of attachment theory with family systems, trauma systems, and cognitive behavioural theories and the use of cognitive behavioural caregiver support, filial therapy training, and play therapy interventions are discussed as a treatment framework for promoting more positive and secure attachments between refugee children and their caregivers.

Children and Post-Conflict Trauma

Husic, S. — 2009-05-13

Medica Zenica is a women's non-governmental organization, staffed by professionals, that offers psychosocial and medical support to women and children who are victims of war and post-war related violence, including war rapes, domestic violence, and trafficking in human beings. Brief descriptions of individual experiences of women and girls during the war in Bosnia and Herzegovina provide an insight into the nature of the trauma, the needs of victims and Medica Zenica's assistance. The organization has also actively engaged in furthering public awareness, advocating government support, and appropriate legislative measures.

ExCom Conclusion No. 105 (women and girls at risk)

2009-05-13

Children At Risk

2009-05-13

Committee on the Rights of the Child, Thirty-ninth session, 17 May-3 June 2005

2009-05-13

The Paris Principles: Principles and Guidelines on Children Associated with Armed Forces or Armed Groups * February 2007

2009-05-13

G. LOESCHER, A. BETTS, and J. MILNER (eds), The United Nations High Commissioner for Refugees (UNHCR): The Politics and Practice of Refugee Protection into the Twenty-first Century.

Elie, J. B. — 2009-05-13

Foreword

Chetail, V. — 2008-10-07

Introduction: Asylum and the Universal Declaration of Human Rights

McAdam, J. — 2008-10-07

Message from Louise Arbour: United Nations High Commissioner for Human Rights

Arbour, L. — 2008-10-07

Comparative Perspectives of Constitutional Asylum in France, Italy, and Germany: Requiescat in Pace?

Lambert, H., Messineo,, F., Tiedemann, P. — 2008-10-07

Most countries provide asylum through domestic legislation, such as a statute incorporating the 1951 Convention Relating to the Status of Refugees. France, Italy, and Germany stand out as three of very few European countries specifically to guarantee a right of asylum in their national Constitutions. The origin, wording, and scope of these constitutional provisions vary, depending on historical factors specific to each country. This article examines the right of asylum guaranteed in the Constitutions of France, Italy, and Germany from a historical perspective. It discusses how this right has evolved in all three countries, especially in light of the Refugee Convention and recent European Asylum Legislation. It concludes that however unique and individual constitutional asylum has traditionally been regarded as in France, Italy, and Germany, international obligations and recent European commitments have absorbed its distinctiveness, making it a redundant, almost obsolete, concept.

The Charter of Fundamental Rights of the European Union and the Right to be Granted Asylum in the Union's Law

Gil-Bazo, M.-T. — 2008-10-07

The 2000 Charter of Fundamental Rights of the European Union recognizes the right to asylum in article 18. Once the 2007 Treaty of Lisbon enters into force, the Charter will become legally binding and its provisions will have treaty rank within the Union's legal order. Compliance with the Charter will then be a requirement for the validity and legality of the Union's secondary legislation, including Directives and Regulations in the field of asylum. This article traces the roots of article 18 back to article 14 of the 1948 Universal Declaration of Human Rights and argues that the right to be granted asylum has become a subjective and enforceable right of individuals under the Union's legal order. The article examines the legal nature, interpretation, scope of application, and enforceability of article 18 of the Charter on the right to asylum in the Union's legal order. It concludes that the beneficiaries of this provision are all individuals who fall under the scope of application of the Union's law, whose international protection grounds are established by international human rights law, including the Refugee Convention and the European Convention on Human Rights. The Charter, as a regional supranational instrument, reinforces the protection of asylum in international law by bringing Europe into line with other regional developments that recognize not only the right to seek, but also the right to be granted, asylum. On the sixtieth anniversary of the Universal Declaration of Human Rights, more than two-thirds of the States Parties to the Refugee Convention are also bound by a rule of international or supranational law to grant asylum.

Article 14(2) of the Universal Declaration of Human Rights and Exclusion from International Refugee Protection

Kapferer, S. — 2008-10-07

Article 14(2) of the Universal Declaration of Human Rights provides that the right to seek and to enjoy asylum, as guaranteed in article 14(1), "may not be invoked in the case of prosecution genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations". As an expression of the concept that certain persons who flee persecution are nevertheless denied international protection as refugees because of their involvement in certain serious crimes, article 14(2) of the Universal Declaration represents an "exclusion" provision. The notion that such persons are unworthy of international protection and assistance as refugees emerged during the Second World War and, from the outset, formed part of the definition of the term "refugee" in the international refugee protection regime developed from early 1946 to July 1951. Like its forerunners in a General Assembly resolution and the Constitution of the International Refugee Organization of 1946 and subsequent provisions in the 1950 Statute of the Office of the United Nations High Commissioner for Refugees and the 1951 Convention relating to the Status of Refugees, article 14(2) of the Universal Declaration reflects the concern that those involved in war crimes, crimes against humanity, and crimes against peace, or more generally acts contrary to the purposes and principles of the United Nations should not be able to enjoy such protection, and that common law criminals should be surrendered under applicable extradition agreements. A review of the drafting history of these provisions also reveals how the concept of exclusion from international refugee protection was shaped by the understanding of the concept of asylum, which was viewed at the time as the right of States not to extradite certain persons. The adoption of the Refugee Convention resulted in a significantly different legal framework for determining whether or not an individual should be granted, or excluded from, international protection against persecution, which entailed, among other things, a separation of the criteria governing exclusion from those applicable to extradition. Subsequent developments in international human rights law and other pertinent areas of international law also had an impact on the interpretation and application of exclusion provisions. Accordingly, in today's context, the scope and content of the limitations to the right of asylum provided for in article 14(2) of the Universal Declaration must be read in light of article 1F of the Refugee Convention as well as other relevant standards under international law.

Internal Displacement and the Right to Seek Asylum

Ferris, E. — 2008-10-07

This article examines the relationship between the right to seek asylum and internal displacement by considering the relationship between internal and external displacement; the impact of closed borders on internal displacement; refugee returns and internal displacement; the internal flight alternative and its implications for asylum-seekers; and the role of United Nations High Commissioner for Refugees (UNHCR) in both upholding asylum and increasing its engagement with internally displaced persons (IDPs). The study argues that when governments deny asylum to individuals on the grounds that they can find protection elsewhere within their own countries, they are in effect contributing to the increase in internal displacement. While discussion of the internal flight alternative has focused on the ability of an individual to find safety in another part of the country, the article suggests that the Guiding Principles on Internal Displacement – which spell out a full range of rights for IDPs – should be used to determine whether an internal flight alternative can be considered.

The Scope and Content of Article 15 of the Universal Declaration of Human Rights

Adjami, M., Harrington, J. — 2008-10-07

Article 15 of the Universal Declaration of Human Rights (UDHR) provides that "[e]veryone has the right to a nationality" and that "[n]o one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality." Enshrining citizenship and the right to be free from arbitrary deprivation of citizenship as human rights in and of themselves, article 15 of the UDHR establishes the bedrock legal relationship between individuals and states. While all states are bound to respect the human rights of all individuals without distinction, an individual's legal bond to a particular state through citizenship remains in practice an essential prerequisite to the enjoyment and protection of the full range of human rights. This article examines the scope and content of article 15 of the UDHR. The proliferation of human rights norms in international and regional instruments has developed substantive limitations on state sovereignty over citizenship regulation that gives meaning to that provision. In particular, the universal anti-discrimination norm and the principle that statelessness should be avoided have emerged to constrain state discretion on citizenship. But some important gaps in the international legal framework on nationality persist. For example, few normative principles prescribe conditions for granting citizenship and there is a lack of consensus on what constitutes statelessness arising from ineffective citizenship. While human rights developments over the past 60 years have made great strides in giving content and meaning to article 15 of the UDHR, further normative and practical developments are necessary to realize the effective promise of that provision.

Asylum, Detention, and Mental Health in Australia

Newman, L. K., Dudley, M., Steel, Z. — 2008-10-07

Seeking asylum in the face of persecution is a fundamental human right. The system of arbitrary mandatory detention operating under Australian immigration law since 1992 has impacted on more than 15,000 adults and children, many with traumatic experiences in their country of origin. Restrictions on entry to the mainland, policies of "deterrence", including prolonged detention in remote camps, and inadequate responses to trauma and mental health needs have contributed to mental deterioration and suffering of asylum-seekers. The responses of mental health professionals, lawyers, human rights advocates, and community groups to the detention system have focused on the need to protect the right to seek asylum and the need for a humane response to asylum-seekers.

Documents

2008-10-07

Note on International Protection

2008-10-07

Universal Declaration of Human Rights: Adopted and proclaimed by UN General Assembly Resolution 217 A (III) of 10 December 1948 Text: UN Document A/810, p. 71 (1948)

2008-10-07

SATVINDER SINGH JUSS, International Migration and Global Justice

Chetail, V. — 2008-10-07

GREG BURGESS, Refuge in the Land of Liberty: France and its Refugees, from the Revolution to the End of Asylum, 1787-1939

Piana, F. — 2008-10-07