This paper introduces a method and preliminary findings from a database that systematically measures the character and stringency of immigration policies. Based on the selection of that data for nine ...countries between 1999 and 2008, we challenge the idea that any one country is systematically the most or least restrictive toward admissions. The data also reveal trends toward more complex and, often, more restrictive regulation since the 1990s, as well as differential treatment of groups, such as lower requirements for highly skilled than low-skilled labor migrants. These patterns illustrate the IMPALA data and methods but are also of intrinsic importance to understanding immigration regulation.
The Convention on the Rights of Persons with Disabilities (CRPD) creates duties for States Parties and UN agencies to ensure that individuals under their protection have equal enjoyment of the full ...range of human rights. This includes the Article 25 right to enjoy ‘the highest attainable standard of health without discrimination on the basis of disability.’ However, refugees, who are forced to seek protection outside their state, face particular obstacles to maintaining an adequate level of wellbeing and accessing services to meet their health needs. Among this group, those who have a disability may confront multiple intersecting challenges. This paper draws on the findings of research across countries that play host to significant refugee populations. It explores the contribution of the CRPD to the international human rights framework for refugees, with particular attention to the right to health. Incorporating evidence from the field, it discusses the implementation of these rights and related duties in humanitarian responses across the world. This article discusses common barriers to health services for refugees with disabilities in six host countries. Based on the broad conceptualization of health and wellbeing established in the international legal framework, it also examines the relationship between the fulfilment of Article 25 and other basic socioeconomic rights. It provides examples of good practice and identifies strategies to better ensure the rights set out in Article 25 of the CRPD.
Development of concept of temporary protection in international law - use of temporary protection as device to encourage states to comply with non-refoulement obligations - different iterations of ...temporary protection devised by Australian policy makers - how a Convention-compliant temporary protection regime might look in Australia.
Do Loose Lips Bring Ships? Crock, Mary; Ghezelbash, Daniel
Griffith law review,
01/2010, Volume:
19, Issue:
2
Journal Article
Peer reviewed
This article explores the phenomenon of asylum seekers and irregular migrants presenting as 'boat people'. We evaluate key aspects of policies introduced to deter and contain these people - namely ...mandatory detention, temporary protection visas and offshore processing. Given the high rate of deaths and injuries associated with unauthorised boat arrivals, we argue that governments should do their best to discourage or prevent people from attempting to enter Australia in this way. However, the available evidence suggests that the rationale underlying deterrent policies is inherently flawed. Most have been totally ineffective in stopping unauthorised boat arrivals. History suggests that the best strategies prevent rather than deter, stopping the flow of asylum seekers at source and/or diverting desperate people away from dangerous and irregular modes of transport. We argue that no Australian government, acting alone, will be able to beat the people-smugglers now plying their trade out of Indonesia. What is needed are cooperative arrangements with 'source' or transit governments, coupled with targeted resettlement programs to provide refugees with viable protection options. We challenge claims made about the effectiveness of the Howard government's Pacific Solution and question Labor's apparent acceptance that offshore processing in 'regional' centres will stop the boats. We ask whether the Conservatives' loud and internationally publicised claims that Labor has 'gone soft' on border control represent part of the problem: 'loose lips' may indeed be bringing the ships.
Implications of the UN Disabilities Convention for refugee law and policy - status determination processes - effect of physical, mental, intellectual or sensory impairments on qualification for ...protection - challenges faced by asylum seekers and refugees with disabilities - vulnerable persons living in situations of conflict and humanitarian disaster.
Challenges and impairments caused to people with disabilities through armed conflicts and natural disasters - statement issued by the United Nations Committee on the Rights of Persons with ...Disabilities - specialised protections - protections for sick and wounded - restricting weapon use - prohibition of discrimination.
Implications of the decision to confer power on the Parliament to legislate citizenship status rather than include citizenship in the Australian Constitution - the law's treatment of immigrants and ...the notion of human rights in Australia - how this has resulted in human rights being highly politicised - the alignment of notions of human rights with citizenship can result in people being characterised as societal outsiders - analysis of Al-Kateb v Godwin.
History of refugee appeals in Australia - establishment of the Refugee Review Tribunal (RRT) - changes made to law and policies governing refugee status determinations - likely effect of removing ...complex legal structures relating to the grant of refugee status - relationship between merits review and judicial review of refugee status decisions - work of the RRT - comparison of report on RRT operation with parallel (non-statutory) regime created to review unauthorised maritime arrival decisions - arguments for and against administrative appeals.
Shaping of the juridical conceptualisations of the child as a legal person in international conventions and instruments - case study demonstrating the relativities of rights affecting refugee ...children and youth in two areas of human rights law - right to family life - right to personal freedom and integrity of the person – policies adopted by Australia conflicting with the rights of refugee children and youth to basic protection – challenges posed by asylum seeker children and youth.
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