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The role of national human rights institutions in promoting and protecting the rights of refugees: the case of South Africa and KenyaJohn-Langba, Vivian Nasaka January 2020 (has links)
The apparent normative and implementation gaps within the international refugee protection regime suggest the need to reform its implementation and accountability processes. Increasingly, the focus is being shifted to local or domestic actors to attempt to address the challenges faced in realising refugee rights effectively. Among the key domestic accountability actors for the realisation of rights, are national human rights institutions (NHRIs). NHRIs are considered a bridge between the international and domestic human rights systems. NHRIs act as entities that facilitate the diffusion of international human rights norms and standards, including those with respect to refugee rights, into the national spheres. Notwithstanding this, there is paucity in empirical evidence within the refugee rights discourse on the role that NHRIs can play to promote the effective realisation of refugee rights. This study explores the role that NHRIs in South Africa and Kenya play in promoting and protecting refugee rights. It utilises a non-doctrinal and qualitative research approach, to examine the extent to which the NHRIs engage with refugee rights and to explore their capacity to do so effectively. It situates NHRIs within the nexus between international human rights law and international refugee law to frame the understanding for their role within the refugee protection regime. The findings indicate that the NHRIs in South Africa and Kenya that are compliant with the Paris Principles display significant engagement with refugee rights promotion and protection. As accountability mechanisms, they have contributed to the development and implementation of domestic refugee law and policy in accordance with international norms and standards. This has occurred despite the lack of an explicit refugee rights' promotion and protection mandate, but they face barriers and challenges. Various underlying factors that impede their effectiveness to address refugee rights were identified. These included the sociopolitical contexts within which they operate, capacity constraints and invisibility within the refugee protection regime. The socio-political challenges included xenophobia and the securitisation of the asylum space. These compounded organisational and operational weaknesses such as scarce specialist skills in refugee law, limited financial resources, and the absence of strategic and sustained partnerships for refugee rights protection. The overall absence of norms for NHRI engagement with refugee rights was identified as a contributory factor for the lack of a coherent approach for promoting and protecting these rights. Possible avenues to enhance NHRI engagement with refugee rights were identified. For instance, NHRIs building partnerships for refugee rights promotion and protection with CSOs, the UNHCR and regional institutions based on a clear understanding of an NHRI's role as accountability mechanisms. For NHRIs, the imperative lies in building their capacity to address refugee rights to ensure a clear understanding of what the promotion and protection of these rights entails.
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Sekuritizace imigrantů - a její dopady na Evropskou Unii / Securitization of Immigrants - and its Political Impacts on European UnionMattsson, Noora Tuulia January 2017 (has links)
Securitization of Immigrant - and its Political Impacts on European Union Recent events that has changed the European Union's immigration policies - securitization of immigrants has a political effects beyond immigration policies Key Words: securitization, European Union, immigration, refugee crisis 2015, immigration policies Has securitization of immigrants affected on European Union's immigration policies? 1. Securitization theory 2. Securitization of immigrants 1. http://www.e-ir.info/2016/01/29/implications-of-the-securitisation-of-migration/ 2. media 3. How has securitization of immigrants affected on EU policies / what kind of changes EU has done on its policies 1. after 9/11 1. terrorism 2. what changed EU has done 2. refugee crisis 2015 1. what changes EU has done
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Who are the “permanent inhabitants” of the state?: citizenship policies and border controls in Tanzania, 1920-1980Miller, Charlotte Lee 01 July 2011 (has links)
From 1920 to 1980, British colonial authorities and post-colonial Tanzanian leaders struggled with African mobility and identities. State officials viewed border-crossers, including labor migrants, refugees, immigrants, and smugglers, as problematic. During the colonial period, persistent African mobility and flexible, multi-faceted identities led the state to abandon attempts to control African migrant laborers. As the state transitioned to independence, nationalist leaders created Tanzanian citizenship and claimed to embrace trans-border African mobility in order to reject colonial racist views and promote Pan-Africanism. However almost immediately following independence, concerns about security, political opposition, land-use, and the economy actually contributed to state attempts to harden borders. Examining citizenship legislation and border controls reveals the tensions between border-crossers, and the Tanzanian colonial and post-colonial governments. Border-crossers maintained long-term ties and regional identities, while both colonial authorities and post-colonial nationalist leaders sought to fix their identities and limit their movement across borders.
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Ways of speaking in the diaspora: Afghan Hindus in GermanyAkkoor, Chitra Venkatesh 01 May 2011 (has links)
In this ethnographic study, I sought to understand the diasporic lives of Afghan Hindus by studying how they discursively constructed their migration and settlement in Germany. By directing attention to their ways of speaking about migration I understood the importance of community and family to the Afghan Hindu way of life, and how the cultural premises of homeland an integral part of their relationships in the diaspora. Speech codes theory is the primary theoretical framework for this ethnographic study.
Research was conducted over four separate visits to Germany lasting from four to ten weeks, beginning in summer of 2005 and ending in December 2008, proceeding in phases. Primary methods used were, participation observation, and in-depth interviews. Sites of research included Afghan Hindu temples and family events.
The main indigenous term used to describe migration was bikharna, which captured spatial dispersal, relational fragmentation, and loss of traditions. The Afghan Hindu meaning of community was premised on physical proximity and relational connection among Afghan Hindus.
The changing meaning of family from the multi-member, multi-generational household of Afghanistan to Western ideas of the nuclear family also figured prominently in ways of speaking about migration. Cultural premises of the homeland continued to inform life in Germany, but were also increasingly being challenged by lifestyle choices of some Afghan Hindus.
The temple in Afghan Hindu diasporic lives emerged as an important place, in discursive constructions of community. What was once a place of worship in the homeland was constructed in the diaspora as a place that could bring the fragmented community together. However, the temple was also contested space, as different groups of people within the speech community had different perspectives on its importance in Afghan Hindu lives.
This study has implications for the study of culture, communication and relationships in the context of diaspora. Ethnography of communication offers an ideal theoretical framework in which to understand diasporic experiences, by examining the underlying rules and premises of everyday lives of diasporic people. As a case study of a refugee diaspora, this study also has implications for scholarship on South Asian diasporas.
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Individuals’ strategies for wellbeing during the integration process - An empirical study of capabilities and opportunities through the eyes of Syrian refugees in the Canton of Vaud, in SwitzerlandWidmer, Irina A. January 2020 (has links)
Integration concerns everyone in society as a constantly on-going process of constructing belonging and participation as a member of the group. The common objective of the process for individuals is to increase their subjective wellbeing, according to their individual values. However, refugees undergo an extreme case of integration, with all aspects of their life being impacted at once. Therefore, to gain more knowledge about the integration process from the perspectives of individuals, nine qualitative interviews were conducted with Syrian refugees living in Switzerland. This thesis then mobilises the capability approach to conduct a thematic comparison. The analysis revealed a common pattern among all interviewees which builds up into a 5-stages integration model, experienced by all interviewees in the same chronological order. Nevertheless, the personal capabilities and opportunities vary, resulting in different strategies to deal with a same context and similar objectives at a specific stage.
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Valoración de antecedentes para la determinación del estatuto de refugiado de la Ley No. 20.430 / Assessment of the background for the determination of the refugee statute of law No. 20.430Contreras Herrera, Pedro José January 2018 (has links)
Actividad formativa equivalente a tesis (AFET) para optar al grado académico de magíster en derecho con mención en derecho público. / Este trabajo examina la valoración que hace la autoridad administrativa del conjunto de los elementos de juicio aportados al procedimiento administrativo de determinación de la condición de refugiado. Constata la configuración de dos momentos valorativos, cada uno a cargo de órganos distintos y sometidos a leyes diversas, y de cómo esa circunstancia no contribuye a disolver la incertidumbre acerca de la condición de refugiado, imponiéndose la búsqueda de una solución. Para asegurar la fiabilidad de esa determinación se propone que en la decisión del hecho los órganos competentes apliquen combinadamente los métodos atomista y holista. / This paper examines the assessment made by the administrative authority of all the elements of judgment contributed to the administrative procedure for the determination of refugee status. It notes the configuration of two evaluative moments, each one in charge of different bodies and subject to different laws, and of how that circumstance does not contribute to dissolve the uncertainty about refugee status, imposing the search for a solution. In order to assure the reliability of this determination, it is proposed that in the decision of the fact the competent bodies apply in addition the atomistic and holistic methods.
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Access to justice for victims of sexual violence in refugee campsEberechi, Oghenerioborue Esther January 2018 (has links)
This study investigates the problem of access to justice for female victims of sexual violence
(SV) in refugee camps, using South Africa, Tanzania and Uganda in a multiple case study. The
main argument of this study is that female refugees in refugee camps, are not adequately pro-
tected by those responsible to safeguard them against sexual violence and the myriad of perpe-
trators of such sexual violations may never be apprehended, prosecuted, or convicted. Thus,
refugees who are victims of sexual violence in refugee camps do not even have the opportunity
to testify against their assailant.
On the order hand, the current UN Refugee Convention 1951 and its Protocol 1967 have no
clauses that protect female refugees against sexual violations. Moreover, victims do not have
access to justice in the host states, despite the provision of article 16 of the UN Refugee Con-
vention 1951, which provides free access to courts in all contracting states. Article 16 of the
UN Refugee Convention 1951 further proposes that refugees should be accorded the same
treatment like the citizens of host states in this respect.
The study reveals that sexual violence perpetrated against citizens of contracting states are
prosecuted in courts and victims have the opportunity in domestic courts to testify against the
assailants. Whereas, refugees who are victims of SV in the states of study are not treated like
the citizens who suffered the similar violation as prescribed by article 16 of UN convention of
1951. Since the cases of SV against refugees in the territory are hardly prosecuted, they do not
have the opportunity to testify against their assailant. / Therefore, this study recommends that states should be compelled to address the offence of
sexual violence against refugees in camps, as part of their international obligation as signatories
to the refugee convention. Through, a thorough investigation and prosecution of SV cases per-
petrated against these victims in their territories. So that victims of sexual violence in their territories can also have the opportunity to testify against their assailants like citizens who suf-
fer SV in the contracting states. However, if a State is not a party to the convention, that state
should be held responsible through the invocation of complicity to crime and customary inter-
national law. This is because the general norm in domestic courts is that, states handle the
prosecution of crime and the enforcement of the rights of their citizenry.
The study in addition, recommends an international legal framework in support of the current
international refugee mechanism that offers victims of sexual violations in refugee camps, legal
protection, and access to justice. The proposed international refugee instrument provides for
the enforcement of the rights of refugees who are victims of sexual violence, and remedy and
reparations that could mitigate the effects of such violence and encourage those charged with
their care to give both physical and legal protection to refugees, in camps, in their territories.
In addition, the study also suggests a one stop facility in refugee camps for handling the cases
of sexual violence against these victims, thus facilitating access to justice.
In addition, the researcher also suggests that states should assume a victim - oriented approach
in dealing with sexual violations in their territory. This is because, the current practice of the
domestic laws of states, is that victims of crime are used as prosecution witnesses, since crime
is against the State and a challenge of the rule of law. Consequently, victims do not have the
needed locus standi to access the courts as an injured party to a suit.
This can be achieved through the inclusion of a locus standi clause in their various criminal
procedure acts, so that victims will have the requisite access to court, become parties to the
litigation, as co-prosecutor of their offenders. This can be done, as a paradigm shift from the
current practice of the criminal proceedings, so that while the state prosecutor represents the
interest of the public and that of the rule of law, the victim will represent themselves and will
be given a fair hearing in oreder to assert their rights against their assailant. In this process,
victims can also enjoy the services of legal aid as maintained by article 16 of the 1951 UN
Refugee Convention. / Thesis (LLD)--University of Pretoria, 2018. / Public Law / LLD / Unrestricted
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Barriers and associated factors of adequate antenatal care among Afghan women in Iran; A mixed methods study / イランに住むアフガニスタン女性における適切な出産前ケアに対する障壁と関連要因に関する研究:ミクストメソッド研究Omid, Dadras 23 March 2021 (has links)
京都大学 / 新制・課程博士 / 博士(社会健康医学) / 甲第23119号 / 社医博第115号 / 新制||社医||11(附属図書館) / 京都大学大学院医学研究科社会健康医学系専攻 / (主査)教授 近藤 尚己, 教授 万代 昌紀, 教授 川上 浩司 / 学位規則第4条第1項該当 / Doctor of Public Health / Kyoto University / DFAM
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Bhutanese Refugee Families’ Experience In Community Engagement and Its Influence On Their Family RelationshipsSong, Jinsook 20 August 2020 (has links)
No description available.
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“Once you have the physical activity started. Then you can begin to feel that you are not in this prison anymore”. Refugee experience of post-traumatic stress physiotherapy / ” När du har den fysiska aktiviteten på gång då kan du börja känna av att du inte är i det där fängelset”. Flyktingars upplevelse av posttraumatisk stress-fysioterapiBoyer, Christopher, Sandberg, Bartlomiej January 2020 (has links)
Abstract Background There is limited research and guidelines regarding physiotherapy as a treatment approach for post-traumatic stress (PTS). Refugee experience of physiotherapy interventions is hoped to contribute to awareness of the subject and to give insight into this developing field of the profession. Purpose The purpose of the study was to investigate and describe refugees experience of post- traumatic stress physiotherapy. The study was interested in both refugee experience of treatment itself and of possible effects. Design and Method Qualitative explorative design. The study was based on five semi-structured interviews. A qualitative, content analysis was used to process the data. Results The analysis showed that the refugees faced many physical and psychological barriers to treatment, especially relating to pain and somatisation, however they were able to experience increased bodily comfort during treatment itself. The relationship to physiotherapist, the psychological impact of the treatment environment and other social factors were also described as important to experience. Physiotherapy was described as positively affecting patient outcomes both in physical and mental health, despite certain uncontrollable/unmanageable symptoms making this difficult. The refugees were able to achieve generalisation of physiotherapy into their day-to- day life enabling them to self-manage to some extent and feel liberated from PTS symptoms. Conclusion The study agrees with the available literature on the effectiveness of treating refugee patients suffering from post-traumatic stress with physiotherapy, not just to improve physical health outcomes but even to give holistic improvements. Keywords Post-traumatic stress, refugee, physiotherapy, experiences / Abstrakt Bakgrund Det finns begränsad forskning och riktlinjer gällande fysioterapeutisk behandling mot post-traumatisk stress (PTS). Flyktingars upplevelse av fysioterapeutisk behandling förväntas sprida kunskap och bidra till insikt i denna del av det fysioterapeutiska området som fortfarande är under utveckling. Syfte Syftet av studien var att utforska och beskriva flyktingars upplevelse av posttraumatisk stress-fysioterapi. Studiens intresse var av flyktingars upplevelse och effekt av den fysioterapeutiska behandlingen. Design och Metod Studien är av kvalitativ utforskande design baserat på användandet av 5 semi-strukturerade intervjuer. En kvalitativ innehållsanalys användes för att bearbeta informationen. Resultat Analysen visade att flyktingar möter många fysiska och psykiska hinder i behandlingen, mest gällande smärta och somatisering men att de kunde uppleva en viss grad av bekvämlighet under behandlingen ändå. Förhållandet till fysioterapeuten, den psykologiska effekten av behandlingsmiljön och andra sociala faktorer var också viktiga. Fysioterapi beskrevs ge positiv påverkan i resultatet av patienternas fysiska och mentala hälsa efter behandling trots utmaning från icke-hanterbara symptom. Flyktingarna kunde uppnå generalisering av deras fysioterapi till det dagliga livet som gjorde att de kunde hantera situationen själva till en viss grad och känna frihet från sina PTS symptom. Konklusion Studiens resultat går i samma linje som den tillgängliga litteraturen på effekten av att behandla flyktingar som lider av posttraumatisk stress med fysioterapi, inte bara för att öka den fysiska hälsan utan även för att ge mer vidgående holistiska förbättringar och livskvalitet. Nyckelord Post-traumatic stress, refugee, physiotherapy, experiences
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