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Climate Refugees – deserving of protection? : A study on climate refugees and their rights to protectionKaplan, Midya January 2023 (has links)
This thesis explores the growing phenomenon of climate refugees and their right to protection. The aim is to investigate from the Human Security Approach developed by UNDP, if the human insecurities highlighted covers the situation of climate refugees making them eligible for protection. Thus, the purpose is to examine if insecurities caused by climate change are reason enough to be granted asylum in Sweden and if not, what the debate on extending asylum to climate refugees looks like. The research questions for this thesis are: What insecurities do the Swedish legislation consider grounds for granting asylum that could include the protection of climate refugees? and How do the debates in the Swedish Riksdag and the European Parliament discuss climate refugees and their legal status in Sweden's and the EU's asylum regulations? A qualitative content analysis of the Swedish Aliens Act and the Common European Asylum System (CEAS) revealed that even though all insecurities listed by the Human Security Approach are considered grounds for granting asylum, protection for climate refugees is not guaranteed. Consequently, debates in the Swedish and European Parliaments were examined to explore the intentions of extending the right to protection for climate refugees by including them in the legal framework. While the debates in the Swedish Parliament showed no indication of changing the legislation to include climate refugees, the European Parliament both debated and voted on proposals which sought to extend protection to climate refugees. Nonetheless, it is still not decided whether or not the EU will include climate refugees as a legal status in its asylum system.
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The Misleading DebateLarsson, Mikael January 2014 (has links)
In the year of 2013, Swedish media accused the Swedish police for the implementation of discriminatory internal controls of foreigners, in Malmö, Stockholm and other places across Sweden. The controls were soon to be linked to project REVA. In this thesis, I examine how the internal controls of foreigners measure up to the Swedish Aliens act and whether or not the accusations of discriminatory controls against individuals with a perceived foreign appearance, are correct. The examination includes a legal approach, where I use practical legal method to analyze the provisions of the Aliens act, as well as an evolving conceptual approach, where I evolve the concept of discrimination in order to apply it to the controls. I found that it is possible to link project REVA to the external work with the internal controls of foreigners, despite the denial from people involved. I also found that, because of unclear regulations regarding the implementation of the internal controls of foreigners, it is not possible to assess how the controls measure up to the Swedish Aliens act. Some of the controls, most probably, can be identified as directly and indirectly discriminatory. The problem with this statement is the difficulty to measure police officers decision-making in order to confirm the discriminatory behavior. However, I argue that it is possible to claim that the Aliens act might be indirectly discriminatory. The results of this thesis indicate that the Swedish police should review their practices regarding internal controls of foreigners.
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Lesbiska flyktingar i offentliga dokumentAndersson, Renee January 2007 (has links)
<p>The means that the Swedish State has to legitimize and standardize different perspectives of women and their sexuality is significant. Persecution of gender and sexuality is today something that can grant refugee status according to the Swedish Aliens Act. By studying the documents that forestall the amendment of the laws is it possible to unveil the concept and ideas about women sexuality that the state manifests and reproduces through these laws and official documents.</p><p>The aim of this essay is to look upon the sexual policy as it occurs in official the documents that deal with lesbian refugees. The study cover and maps present research on this group of women and gives an answer to how norms about women sexuality are expressed in these documents.</p><p>Throughout the survey of the research field not much previous research was found, therefore even research that only partly covers the field is included and reviewed.</p><p>As method a detailed reading of the official documents and a discourse analysis with it’s emphasize on theoretical themes like gender and sexuality, lesbianism and state feminism, was made. Lesbians are missing in the official state documents and the one time the Migration Board’s documents refer to lesbians they are ascribed to as gender and not as sexuality.</p><p>The essay concludes that the confusion about the category gender and the category sexuality has the result that the lesbians become invisible. Lesbians tend throughout the material to be ascribed to the category gender and gay men to the category sexuality.</p><p>The standardized perspective and normative discourse that has been found in the official documents has the effect that women is looked a pound as gender and therefore, by the same logic loose their sexuality. In this way the Swedish State discriminates lesbian.</p><p>Another conclusion is that the Swedish State has a somewhat ambivalence perspective on their own work on promoting gender equality.</p>
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Die sprachliche Behandlung von türkischen Migranten / Analysen zu Bundestagsdebatten über Ausländergesetz, Asyl- und Staatsbürgerschaftsrecht (1990-1994) / Language use about the Turkish emigrantsKazanci, Cuma 21 July 2011 (has links)
Parlamentarische Debatten über Ausländerangelegenheiten und deren gesetzliche Regelung bilden einen wesentlichen Bestandteil des (öffentlichen) Diskurses über die sprachliche Behandlung von türkischen Migranten überhaupt. Zwischen Parlamentsreden, Medienberichten und dem Meinungsaustausch in der Wählerschaft gibt es eine enge Wechselwirkung. Ausgangspunkt meiner Arbeit war die Beobachtung, dass durch die sprachliche Behandlung von Ausländern in diesem Diskurs eine (gemeinsame) negative Grundlage geschaffen wurde, auf der diskriminierende Äußerungen und Gewalttaten gegen Ausländer basieren konnten.
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The Grey Areas of Refugee Protection: The legal and political dimensions of a restrictive temporary status for war refugeesScott Ochsner, Sarah January 2015 (has links)
While there exists in the literature on refugees’ rights a broad consensus on the existence of an overlapping and common ground between IHRL and IRL, gaps continue to exist in state implementation of these two legal systems. Concepts of sovereignty and border control continue to take predominance when refugees are the rights-bearers, and this tendency is more pronounced in the event of complementary protection. This thesis investigated the recent creation of a temporary protection status in the Danish Aliens Act by legal method and political case study to understand the interrelation of these systems, as manifested by the ECHR and the Refugee Convention. The legal analysis revealed the amendments’ misinterpretation of the principle of good faith of treaty interpretation. The political reasoning behind the amendment was used to shed light on domestic alignment with international law, in order to clarify the political and moral function of human rights. It was suggested that the main challenge to such misinterpretations remains the separation of human rights with its inherent moral purpose.
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Uteslutning från flyktingstatus : Beviskravet inom uteslutningsprocessen i jämförelse med beviskravet inom straffprocesse / Exclusion from Refugee Status : The Standard of Proof Required in Exclusion Proceedings Compared to the Required Standard in Criminal ProcedureGarar, Soad January 2023 (has links)
No description available.
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Lesbiska flyktingar i offentliga dokumentAndersson, Renee January 2007 (has links)
The means that the Swedish State has to legitimize and standardize different perspectives of women and their sexuality is significant. Persecution of gender and sexuality is today something that can grant refugee status according to the Swedish Aliens Act. By studying the documents that forestall the amendment of the laws is it possible to unveil the concept and ideas about women sexuality that the state manifests and reproduces through these laws and official documents. The aim of this essay is to look upon the sexual policy as it occurs in official the documents that deal with lesbian refugees. The study cover and maps present research on this group of women and gives an answer to how norms about women sexuality are expressed in these documents. Throughout the survey of the research field not much previous research was found, therefore even research that only partly covers the field is included and reviewed. As method a detailed reading of the official documents and a discourse analysis with it’s emphasize on theoretical themes like gender and sexuality, lesbianism and state feminism, was made. Lesbians are missing in the official state documents and the one time the Migration Board’s documents refer to lesbians they are ascribed to as gender and not as sexuality. The essay concludes that the confusion about the category gender and the category sexuality has the result that the lesbians become invisible. Lesbians tend throughout the material to be ascribed to the category gender and gay men to the category sexuality. The standardized perspective and normative discourse that has been found in the official documents has the effect that women is looked a pound as gender and therefore, by the same logic loose their sexuality. In this way the Swedish State discriminates lesbian. Another conclusion is that the Swedish State has a somewhat ambivalence perspective on their own work on promoting gender equality.
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Skyddsgrunder för ensamkommande barn : - en rättsvetenskaplig analysCirik, Aleyna Yildiz, Tawfik, Hanin January 2023 (has links)
With the increase in unaccompanied children in 2015, it has become common to discuss the legal status of unaccompanied children. By the Swedish law persons under the age of 18 are considered to be minors and therefore have no ability to make decisions in personal matters with legally binding effects. A childs case does not always require the same seriousness as adult cases to be able to obtain a residence permit. This leads to at different asylum process for unaccompanied children who lack guardians upon arriving to Sweden. Various assessments are made for unaccompanied children that adults do not need to undergo for a residence permit. Through the legal dogmatic method, an analysis and report has been made in relation to the EU law, current Swedish laws and international commitments that affect unaccompanied childrens rights within Swedish legislation. The courts way of assessing grounds for protection, as well as how these are tried has been analyzed. The concept of unaccompanied children has been defined, but the focus on their rights in Sweden has also been reported. / I samband med ökningen av ensamkommande barn under år 2015 har det blivit ofta förekommande att diskutera ensamkommande barns rättsliga ställning. Personer som är under 18 år betraktas enligt svensk rätt som omyndiga och har därför ingen förmåga att med rättslig bindande verkan fatta beslut i personliga angelägenheter. Ett barns ärende behöver inte alltid ha samma allvar och tyngd som krävs för att vuxna personer ska kunna få uppehållstillstånd vilket leder till en annorlunda asylprocess för ensamkommande barn som saknad vårdnadshavare vid ankomsten till Sverige. Det görs olika bedömningar för ensamkommande barn som vuxna inte behöver genomgå för uppehållstillstånd. Genom den rättsdogmatiska metoden har det gjorts en analys och redogörelse i relation till EU-rätten, gällande svenska lagar och internationella åtaganden som påverkar ensamkommande barns rättigheter inom den svenska lagstiftningen. Domstolarnas sätt att bedöma skyddsgrunder samt hur dessa prövas inför domstolar har bedömts och analyserats. Begreppet ensamkommande barn har definierats men även fokus på deras rättigheter i Sverige har redogjorts.
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