Persecution, International Refugee Law and Refugees : A Feminist Approach.
Crépin, Mathilde.
Persecution, International Refugee Law and Refugees : A Feminist Approach. - 1st ed. - 1 online resource (157 pages) - Law and Migration Series . - Law and Migration Series .
Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- Introduction -- I.1 Background and context of thesis -- I.2 Methodology -- Sources used and scope of the research -- Line of argumentation of the research -- I.3 Outline of research -- 1. The notion of persecution, historical background and interpretive challenges in the 21st century -- 1.1 The emergence of the notion of persecution in international refugee law -- 1.1.1 Legal developments and the progressive conceptualisation of who is a refugee in international law -- 1.1.2 The emergence of the notion of persecution as a pivotal concept in the refugee definition -- 1.1.3 Universalisation of the 1951 Convention -- 1.2 A changing geopolitical context -- 1.2.1 Interpreting the notion of persecution during the cold war polarity: a political understanding of the refugee definition -- 1.2.2 Emerging trends of displacements in the 20th century -- 1.3 Interpretive challenges -- 1.3.1 The notion of persecution: a malleable notion? -- 1.3.2 A need for consistent interpretations of the notion of persecution? -- 1.3.3 Basis of definition -- i Persecution akin to the non-refoulement principle? -- ii The definition of persecution in international criminal law -- 1.4 Concluding remarks -- 2. Developing an interpretive framework for interpreting the notion of persecution: an assessment of the basic human rights interpretive model -- 2.1 Legal and theoretical justifications for referring to human rights as interpretive benchmarks -- 2.1.1 Teleological approach to refugee law: the 1951 Convention as a human rights instrument? -- 2.1.2 International refugee law as a self-contained regime? -- 2.1.3 The compromise: human rights as the orthodoxy? -- 2.1.4 Concluding remarks -- 2.2 The quantitative and qualitative aspects of persecution. 2.2.1 Qualitative aspect of persecution: basic human rights used as interpretive benchmarks -- Serious harm: which human rights should be used as benchmarks? -- Basic human rights approach: a framework that is too broad? -- Basic human rights: vague notions? -- (A) Shifting the interpretive exercise to an equally vague'discursive terrain' -- (B) Human rights jurisprudence: a solution to preciseinterpretive guidance? -- Basic human rights approach: a restrictive framework? -- 2.2.2 Quantitative aspect of persecution -- Sustained and systemic approach: a restrictive threshold? -- The basic human rights approach: a formalist and uniform threshold -- 2.3 The surrogacy principle as part of the persecution test? -- 2.3.1 The notion of state protection wrongly equated with the test of persecution? -- 2.3.2 Persecution: a bifurcated approach to the Internal Flight Alternative (IFA) test? -- 2.4 Inconsistent applications of the basic human rights framework in national jurisdictions -- 2.5 Conclusion -- 3. Alternative proposals to the basic human rights approach for interpreting the notion of persecution -- 3.1 A severe violation approach: an expanded basic human rights model? -- 3.1.1 The Qualification Directive of the European Union: first treaty to provide a definition of persecution in refugee law -- A severe violation approach -- The restrictive guidance of the CJEU on the notion of persecution -- Inconsistent practices in Europe after the adoption of the QD -- 3.1.2 The Qualification Directive: a 'template for a universal working definition' of persecution? -- 3.2 Departing from a human rights narrative: alternative approaches for interpreting the notion of persecution -- 3.2.1 Persecution, identity, dignity and the concept of personhood -- 3.2.2 Persecution and the core concept of discrimination. Persecution as an act based on the five Convention grounds: the pivotal role of the Convention nexus in defining persecution -- Discrimination versus persecution? -- 3.2.3 The UNHCR's model for interpreting persecution -- The human rights and circumstantial approaches -- A framework leading to inconsistent interpretations? -- Practical benefits of the circumstantial approach -- 3.3 Concluding remarks -- 4. Interpreting persecution in the context of harm faced by refugee women -- 4.1 Gender-based violence and interpretive challenges -- 4.1.1 The influence of human rights law on the growing recognition of genderbased violence as a form of persecution -- 4.1.2 Human rights: a male-centric paradigm? -- 4.2 The notion of persecution and jurisprudential approaches to genderbased violence -- 4.2.1 The practice of FGMand its persecutory dimension -- FGM: a general overview -- FGM as a physical harm: an act of persecution? -- Peripheral aspects of the harms surrounding the act of FGM -- Concluding remarks -- 4.2.2 Domestic violence -- General overview of the notion of domestic violence in asylum cases -- Conceptual confusion regarding the degree of harm in cases of domestic violence in common-law jurisdictions -- Domestic violence in the jurisprudence of European countries: inconsistent interpretations of the threshold and nature of harm -- Concluding remarks -- 4.2.3 Trafficking in persons and the conceptualisation of persecution -- Definition and legal framework -- The risk of (re)trafficking as a form of persecution -- Inconsistent approaches regarding the peripheral harms surrounding the trafficking experience -- Concluding remarks -- Concluding remarks -- Conclusion -- Index.
This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context. It will be of interest to academics and students, as well as those working in the areas of international relations and war studies.
9781000097382
Political refugees, Legal status, laws, etc.
Electronic books.
KZ6530 .C775 2020
341.486
Persecution, International Refugee Law and Refugees : A Feminist Approach. - 1st ed. - 1 online resource (157 pages) - Law and Migration Series . - Law and Migration Series .
Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- Introduction -- I.1 Background and context of thesis -- I.2 Methodology -- Sources used and scope of the research -- Line of argumentation of the research -- I.3 Outline of research -- 1. The notion of persecution, historical background and interpretive challenges in the 21st century -- 1.1 The emergence of the notion of persecution in international refugee law -- 1.1.1 Legal developments and the progressive conceptualisation of who is a refugee in international law -- 1.1.2 The emergence of the notion of persecution as a pivotal concept in the refugee definition -- 1.1.3 Universalisation of the 1951 Convention -- 1.2 A changing geopolitical context -- 1.2.1 Interpreting the notion of persecution during the cold war polarity: a political understanding of the refugee definition -- 1.2.2 Emerging trends of displacements in the 20th century -- 1.3 Interpretive challenges -- 1.3.1 The notion of persecution: a malleable notion? -- 1.3.2 A need for consistent interpretations of the notion of persecution? -- 1.3.3 Basis of definition -- i Persecution akin to the non-refoulement principle? -- ii The definition of persecution in international criminal law -- 1.4 Concluding remarks -- 2. Developing an interpretive framework for interpreting the notion of persecution: an assessment of the basic human rights interpretive model -- 2.1 Legal and theoretical justifications for referring to human rights as interpretive benchmarks -- 2.1.1 Teleological approach to refugee law: the 1951 Convention as a human rights instrument? -- 2.1.2 International refugee law as a self-contained regime? -- 2.1.3 The compromise: human rights as the orthodoxy? -- 2.1.4 Concluding remarks -- 2.2 The quantitative and qualitative aspects of persecution. 2.2.1 Qualitative aspect of persecution: basic human rights used as interpretive benchmarks -- Serious harm: which human rights should be used as benchmarks? -- Basic human rights approach: a framework that is too broad? -- Basic human rights: vague notions? -- (A) Shifting the interpretive exercise to an equally vague'discursive terrain' -- (B) Human rights jurisprudence: a solution to preciseinterpretive guidance? -- Basic human rights approach: a restrictive framework? -- 2.2.2 Quantitative aspect of persecution -- Sustained and systemic approach: a restrictive threshold? -- The basic human rights approach: a formalist and uniform threshold -- 2.3 The surrogacy principle as part of the persecution test? -- 2.3.1 The notion of state protection wrongly equated with the test of persecution? -- 2.3.2 Persecution: a bifurcated approach to the Internal Flight Alternative (IFA) test? -- 2.4 Inconsistent applications of the basic human rights framework in national jurisdictions -- 2.5 Conclusion -- 3. Alternative proposals to the basic human rights approach for interpreting the notion of persecution -- 3.1 A severe violation approach: an expanded basic human rights model? -- 3.1.1 The Qualification Directive of the European Union: first treaty to provide a definition of persecution in refugee law -- A severe violation approach -- The restrictive guidance of the CJEU on the notion of persecution -- Inconsistent practices in Europe after the adoption of the QD -- 3.1.2 The Qualification Directive: a 'template for a universal working definition' of persecution? -- 3.2 Departing from a human rights narrative: alternative approaches for interpreting the notion of persecution -- 3.2.1 Persecution, identity, dignity and the concept of personhood -- 3.2.2 Persecution and the core concept of discrimination. Persecution as an act based on the five Convention grounds: the pivotal role of the Convention nexus in defining persecution -- Discrimination versus persecution? -- 3.2.3 The UNHCR's model for interpreting persecution -- The human rights and circumstantial approaches -- A framework leading to inconsistent interpretations? -- Practical benefits of the circumstantial approach -- 3.3 Concluding remarks -- 4. Interpreting persecution in the context of harm faced by refugee women -- 4.1 Gender-based violence and interpretive challenges -- 4.1.1 The influence of human rights law on the growing recognition of genderbased violence as a form of persecution -- 4.1.2 Human rights: a male-centric paradigm? -- 4.2 The notion of persecution and jurisprudential approaches to genderbased violence -- 4.2.1 The practice of FGMand its persecutory dimension -- FGM: a general overview -- FGM as a physical harm: an act of persecution? -- Peripheral aspects of the harms surrounding the act of FGM -- Concluding remarks -- 4.2.2 Domestic violence -- General overview of the notion of domestic violence in asylum cases -- Conceptual confusion regarding the degree of harm in cases of domestic violence in common-law jurisdictions -- Domestic violence in the jurisprudence of European countries: inconsistent interpretations of the threshold and nature of harm -- Concluding remarks -- 4.2.3 Trafficking in persons and the conceptualisation of persecution -- Definition and legal framework -- The risk of (re)trafficking as a form of persecution -- Inconsistent approaches regarding the peripheral harms surrounding the trafficking experience -- Concluding remarks -- Concluding remarks -- Conclusion -- Index.
This book explores the ambit of the notion of persecution in international law and its relevance in the current geopolitical context. It will be of interest to academics and students, as well as those working in the areas of international relations and war studies.
9781000097382
Political refugees, Legal status, laws, etc.
Electronic books.
KZ6530 .C775 2020
341.486