Besides, these refugees especially who safe asylum should have their own approach for economic standard and social interaction. For example, these refugees acquire the rights to health check, education and the right to work. However, refugees are obliged to follow the law of their asylum-seek country. There is also Refugee law: the subdivision of international law which handle the rights and protection of refugees. International law scholars have different opinion regarding the relationship between refugee law and international human right and
Therefore as long as individual nation-state does not restrict it, an individual can hold more than one citizenship. For example, some countries allow individuals to apply for foreign citizenship without forsaking their original citizenship hence resulting in dual citizenship. Legislators of the past see dual citizenship as an upset in natural order. Loyalty to the state were seen as linked to citizenship. This meant that only by being a citizen were one be seen as loyal to their country.
Vital aspects of state formation include centralization of governance and the standardization of certain cultures (Hague and Harrop, 2010). However, creation and preservation of united society are especially challenging in culturally and ethnically diverse states. Conflicts arise from the clashing interests of the numerous cleavages of the society. Various groups therefore desire to break- up from the state in the pursuit of self-determination and self-rule. Secessionist groups arise from a particular minority group (e.g.
Buchanan can obtain this information without undue hardship. This information is discoverable through initial disclosures and other methods of discovery. Any resulting travel and expense are normally not considered undue hardship. As such, the objection on work product grounds should be
; the proponents of New World Order, governments of the developing countries and the leadership of religious fundamentalism and ethnic anarchism. He has further stated that the reasons for these are: to justify the denial of human rights to some sections of people, to deny new assertions of human rights by excluding women and indigenous people, to destroy cultural pluralism and to impose disabilities based on culture, religion, ethnicity, and more upon minorities . The basic meaning of human rights is that each individual has an inherent right as to what he or she should do, but that right when exercising should not violate another individual’s right. Taking this into consideration it can be further stated that these human rights also have certain restrictions as stated above. Further, the role in regard to cultures and traditions as well as religious norms comes into play in restricting the human rights;
The principle of equality and non-discrimination as spelled out in international refugee and human rights law plays a fundamental role in the guarantee of social and economic rights to refugees. Under the refugee law, Article 3 of the 1951 Refugee Convention provides that: “The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin.” From above it is clear that Article 3 of the Convention forbids discrimination only to the extent it is premised on race, religion or country of origin. However, the Preamble to the Convention makes a reference to the UN Charter and also to the UDHR as having affirmed “the principle that human beings shall enjoy fundamental rights and freedoms without discrimination” and the expression by the UN of, “its profound concern for refugees” having “endeavoured to assure refugees the widest possible exercise of these fundamental rights and freedoms”. Consequently, the 1951 Refugee Convention has its roots within the broad contours of the international human rights law framework. Accordingly, the rights enumerated in several international human rights instruments, given that they apply to all people irrespective of status, must apply equally to refugees.
Palestine is an occupied territory, and Israeli is an occupying power in this case the international humanitarian law has to recognize the relation between them. Israel signed in the Geneva conventions which are linked to the International humanitarian law, but it does not respect or follow it. For example, article 53 in the fourth Geneva convention says ” Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations” . This right prohibits any destruction from the occupying power towards the occupied individual or the republic. Israel violates this convention and the International humanitarian law by constructing the wall in the occupied Palestinian territory.
I want to research whether countries should be morally obligated to give asylum to refugees. I want to also find out what causes this problem, what effects and consequences this will have on the country. Finally I want to obtain a possible course of action to try to put an end to this problem. INTRODUCTION To start, it’s important to note that some people deny that we have moral obligations to needy non-citizens like refugees. For many, the state’s obligations are entirely towards its own citizens.
The Right to Asylum Although the CR and the PR set the basics of the refugee protection regime, they do not grant the right to asylum. On the contrary, the right to asylum is the decision of each state according to its sovereignty (Barnet, 2002 and Henkel, 1982). Refugees can seek asylum in the first signatory country they enter, but other countries they pass through later can send them back to that first country (Barnet, 2002). Furthermore, the procedures of granting asylum are not regulated in the CR (Phoung, 2005). The Right of Non Refoulement Nevertheless, the convention does not obligate states to grant asylum; it protects the principle of non refoulement where the refugees cannot be expelled or returned to a country where their life
Moreover, it states that all human rights recognized in the Constitution should be equally treated to Indonesian without any discrimination. Indonesia does not have a specific law on prohibition of discrimination; therefore, there is no clear cut what kind of differential treatment can be categorized as either direct or direct discrimination. The same goes for the Human Rights Law 39/1999 which only enumerates the principle of equality and non-discrimination. It recognizes discrimination as a differential treatment based on prohibition grounds, such as religion, race, ethnic, social and economic status, gender, language and political beliefs that influences and hindrances the enjoyment of human rights. It does not mention further other grounds, such as place of residence or disability that could possibly affecting the enjoyment of human rights.