Details
Child Refugee Asylum as a Basic Human Right
Selected Case Law on State Resistance
CHF 100.50 |
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Verlag: | Springer |
Format: | |
Veröffentl.: | 24.05.2018 |
ISBN/EAN: | 9783319780139 |
Sprache: | englisch |
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Beschreibungen
This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.
Introduction: Contesting Barriers to Child Refugee Asylum.- The Intersection of Collective and Individual Child Refugee Asylum Seeker Rights.- “Pushback’ and ‘Extraterritorial Collective Migration Control Measures’ Imposed on Child Refugee Asylum Seekers.- ‘Unaccompanied Child Refugee Asylum Seekers’ as a Persecuted ‘Social Group’.- Child Refugees and Recent U.S. Migration Control Strategies.- In Defence of Non-Refoulement.
This book addresses the intersection of various domains of international law (refugee law, human rights law including child rights international law and humanitarian law) in terms of the implications for State obligations to child refugee asylum seekers in particular; both as collectives and as individual persons. How these State obligations have been interpreted and translated into practice in different jurisdictions is explored through selected problematic significant cases. Further, various threats to refugee children realizing their asylum rights, including refoulement of these children through State extraterritorial and pushback migration control strategies, are highlighted through selected case law. The argument is made that child refugee asylum seekers must not be considered, in theory or in practice, beyond the protection of the law if the international rule of law grounded on respect for human dignity and human rights is in fact to prevail.
Discusses the child's right to asylum as a basic human right Discusses the scope of the child's right to asylum given the child's privileged status under international human rights and humanitarian law Considers relevant international and domestic case law concerning child refugees and child asylum seekers Provides recommendations for modifications of child refugee policy and State law to further compliance with international law requirements
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