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.
I chose this topic because I read an article on the Internet stating that the refugee crisis worldwide has displaced 60 million people from their homes since the end of World War II pushing asylum to their limits. That article stated the threat countries are facing as they are fleeing from countries like Syria and Iraq to places like Central America and Africa to seek asylum. 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.
Legal rules states generally regulate restrictions on freedom of expression in its territory. Under international law, restrictions on freedom of expression are required to respond to three conditions: they must strictly comply with the law, pursue a legitimate aim and must be necessary and appropriate to achieve this goal. Laws imposing limitations should strive to be unambiguous and does not allow for different interpretations. Thus, the Constitution of the Russian Federation prohibits propaganda inciting social, racial, national or religious hatred and enmity, as well as dissemination of information constituting a state secret. Temporary or partial restrictions as can be imposed by the court.
If not else, asylum seekers who actually can make journey as far from their country of origin as to the Member States in the other end of the EU territory, raise another fundamental consideration; can these people really be in need of asylum? Of course, it should not either be presumed that all in the need of asylum are impoverished, but it often is the case. There can also be asylum seekers who are not lacking sufficient money in their country of origin but are in some other way not able to live without fearing for their lives, such as could be in a case where their sexuality was being valued as “wrong” on the grounds of
Civil rights can be described as the rights which involve the interaction of individuals with the society. Civil rights include expression of thoughts, even expression of new thoughts should not be prevented. It also includes freedom of expression of religion, speech etc. Political rights include mainly legal rights. It involves right to justice and petition, to associate and assemble, right to a fair trials etc.
In terms of sovereign immunity courts must decline to hear cases against foreign sovereigns. This type of immunity applies to the head of a foreign state, government of a foreign state as well as specific governmental departments of a foreign state. It is important to draw a distinction between the terms iure imperii and iure gestonis, with the latter being a form of restrictive sovereignty and the former, absolute sovereignty which states that a foreign state and its agents are immune from any types of suits instituted against them. With regards to the courts there has been a divided opinion as to whether or not heads of state have immunity form international crimes that are committed. On the one hand, international courts have said that there is no such immunity available whilst, the position in the International Court of Justice differs allowing for heads of state immunity under customary international law.
REFUGEE RESETTLEMENT AND ASYLUM SEEKERS Introduction In the lifespan of an asylum seeker, there exists a time for uprooting from their native country, waiting for resettlement, the actual resettlement and finally integrating with the society in which they are resettled. With the world today being full of conflict, refugees fleeing their countries are common phenomena in every country globally. What the refugees do not know however is the refugee policies of the countries in which they are seeking asylum.
In her case, she cited the fact that the free religion is protected by the First Amendment, which prohibits the government from creating a church an official church and also allows people to worship or not worship as they want. In this case, this right helped Deborah to sue her school successfully. The second right is the freedom of speech and of the press. According to USCIS (n. d.) the freedom of speech and of the press “includes freedom of speech, freedom to peaceably assemble, and the freedom to petition the government for a redress of grievances”. Americans are allowed to share their opinions and thoughts as long as they do not disrupt others’ freedom to express themselves as well.
Discrimination shouldn’t be on the basis of religion, race, caste, sex, place of birth, etc. This is stated in Article 15 of the constitution. However this does not outlaw the creation of special provisions for women and children. The state has the liberty to make special provisions for socially backward classes and for the educationally backward classes. This includes the SC and STs.
For example, they stress on the fact that seeking asylum is not illegal, but a basic human right that has been outlined by the United Nations. They aim to end offshore processing at facilities like Christmas Island and Nauru as well as ending the indefinite mandatory detention for asylum seekers and instead opt to place them into communities once their initial checks and screenings have been completed. They are also trying to ensure that Australia’s refugee status determination system is fair and is strong. An international inter-governmental body that is prominent is the United Nations High Commissioner for Refugees.
They all held a presumptive stance against laws that impose a discriminatory burden on the implied freedom. However, the question must be asked: when is a law said to discriminate in the context of the implied freedom? The caps on political contributions under the EFED challenged in McCloy should seemingly constitute discrimination as the caps had different maximums for different groups of people (s95A(1)), and hence had proportionately different impacts on them, but was ruled otherwise. Another implication within the judgment extended to why laws that discriminate in the sense of providing for differential treatment be presumptively illegitimate?
The Universal Refugee Some people believe that Universal Refugees are different people that deal with different hassles. However, that is not true. The Universal Refugees understand each other and deal with the same struggles such as immigration, hardship and assimilation. When entering a new country, refugees most likely will deal with hardship from just entering the country to actually living in it.
Migrant or Refugee? name: Michael Agege ________________________ Human Geography: Unit 2 Part I. Read the article below from the New York Times on the difference between a migrant and a refugee. The difference between the two is a fundamental understanding you’ll need to move forward with this unit. Answer the accompanying questions in complete sentences. *note: the article is from 2015, but while the migrant crisis in Europe has changed and only gotten more complicated, the fundamental differences between a refugee and a migrant still apply http://www.nytimes.com/2015/08/28/world/migrants-refugees-europe-syria.html?_r=0 In your words, what is a refugee?
According to the The Atlantic Magazine, the odds of winning remain 1 in 292 million. Yet, 393 thousand people play the lotto every day. Why would so many people play the lottery nationally when you have a better chance of getting killed by a meteorite? Why do the people who can least afford it, spend their cold earned cash on it? Some people could be looking to get lucky while other people need it for financial reasons.