The Refugee Status of Persons with Disabilities: International Refugee Law Series, cartea 19
Autor Stephanie Anna Motzen Limba Engleză Hardback – 4 noi 2020
This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
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Specificații
ISBN-13: 9789004427297
ISBN-10: 9004427295
Pagini: 376
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Refugee Law Series
ISBN-10: 9004427295
Pagini: 376
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Refugee Law Series
Cuprins
Acknowledgment
Abbreviations and Acronyms
Table of Cases
Table of Legislation
I Introduction
II A Disability-Sensitive Interpretation of the Refugee Definition
A Introduction
B The Nature of the Refugee Definition and Its Interpretation
1The Flexibility of the Refugee Definition
2Competent Authorities for the Interpretation of the Refugee Convention
3Static and Evolutionary Approach to Interpretation
C Interpretation of the Refugee Definition According to the VCLT
1Applicability of the VCLT (Art. 4 VCLT)
2One Rule of Interpretation and Good Faith (Art. 31(1) VCLT)
3Ordinary Meaning (Art. 31(1) VCLT)
4Context (Art. 31(1) VCLT)
5Object and Purpose (Art. 31(1) VCLT)
6Contemporaneous Context (Art. 31(2) VCLT)
7Subsequent Agreement (Art. 31(3)(a) VCLT)
8Subsequent Practice (Art. 31(3)(b) VCLT)
9Relevant Rules of International Law Applicable between the Parties (Art. 31(3)(c) VCLT)
10emsp;Supplementary Means of Interpretation (Art. 32 VCLT)
11emsp;Treaty Authenticated in Two or More Languages (Art. 33 VCLT)
12emsp;Conclusion
D An Evolutionary and Human Rights Approach to the Refugee Definition
1An Evolutionary Interpretation of the Refugee Convention
2The Human Rights Approach to the Refugee Definition
3The Relevance of the CRPD under the Human Rights Approach
III ‘Being Persecuted’: Serious Harm
A Introduction
B Disability-Specific Forms of Serious Harm
1Introduction
2Extrajudicial Killings and Ritual Murders
3Forced Institutionalisation and Forced Treatment
4Threats to the Physical and Moral Integrity and Security
5Denial of Medical Treatment and Health Care
6Denial of Work, an Adequate Standard of Living and Accessibility
7Denial of Inclusive Education
8Situations of War
9Denial of Legal Capacity
10Conclusion
C Disability-Specific Approach to Serious Harm in light of the VCLT
1Introduction
2Interpretation According to Art. 31 VCLT and Art. 32 VCLT (Drafting History)
3The Relevance of Human Rights to Persecution: Different Theories of the Human Rights Approach
4Interpretation According to Art. 32 VCLT (unhcr Practice and State Practice)
5Interpretation According to Art. 32 VCLT (International Human Rights Standards)
5.1 Introduction
5.2 Extrajudicial Killings and Ritual Murders
5.3 Forced Institutionalisation and Forced Treatment
5.4 Threats to the Physical and Moral Integrity and Security
5.5 Right to Health Care and Medical Treatment
5.6 Right to Work and to an Adequate Standard of Living and Accessibility
5.7 Right to Inclusive Education and Children’s Rights
5.8 Situations of War
5.9 Denials of Legal Capacity
6 Conclusion
D Conclusion on Serious Harm
IV Failure of State Protection
A Introduction
B The Level of State Protection
1Introduction
2The Level of State Protection in Cases with Disabilities
3The Level of State Protection and a Disability-Specific Approach
3.1 Introduction
3.2 Interpretation According to Arts. 31 and 32 VCLT (Drafting History)
3.3 Interpretation According to Art. 32 VCLT (unhcr Practice and State Practice)
3.4 Interpretation According to Art. 32 VCLT (International Human Rights Law)
3.5 Conclusion on Disability-Specific Interpretation
4Conclusion on Sufficiency of State Protection
C Internal Protection Alternative
1Introduction
2Reasonableness of an Internal Protection Alternative for Persons with Disabilities
3Conclusion on Internal Protection Alternative
D Conclusion on the Level of State Protection
V Causal Nexus – ‘for Reasons of’
A Introduction
B Causal Nexus and Persecutory Intent
1Introduction
2Persecutory Intent Approach in Cases with Disabilities
3Persecutory Intent and a Disability-Specific Approach
4Conclusion on Persecutory Intent
C Causal Nexus, Persecutory Effect and Omissions
1Introduction
2The Bifurcated Approach
3Inability to Fulfil, Omissions and Discriminatory Effect in Cases of Persons with Disabilities
4Inability to Fulfil, Omissions, Discriminatory Effect and a Disability-Specific Approach
5Conclusion on Omissions and Discriminatory Effect
D Mixed Causes
1Introduction
2Mixed Causes in Cases of Persons with Disabilities
3Mixed Causes and a Disability-Specific Approach
4Conclusion on Mixed Causes
E Conclusion on Causal Link
VI Convention Ground ‘Particular Social Group’
A Introduction
B Persons with Disabilities and Membership of a ‘Particular Social Group’
1Introduction
2‘Particular Social Group’ in Cases with Disabilities
3‘Particular Social Group’ and a Disability-Specific Approach
C Conclusion on Persons with Disabilities as a ‘Particular Social Group’
VII Conclusion
A Summary
B Outlook
Bibliography
Index
Abbreviations and Acronyms
Table of Cases
Table of Legislation
I Introduction
II A Disability-Sensitive Interpretation of the Refugee Definition
A Introduction
B The Nature of the Refugee Definition and Its Interpretation
1The Flexibility of the Refugee Definition
2Competent Authorities for the Interpretation of the Refugee Convention
3Static and Evolutionary Approach to Interpretation
C Interpretation of the Refugee Definition According to the VCLT
1Applicability of the VCLT (Art. 4 VCLT)
2One Rule of Interpretation and Good Faith (Art. 31(1) VCLT)
3Ordinary Meaning (Art. 31(1) VCLT)
4Context (Art. 31(1) VCLT)
5Object and Purpose (Art. 31(1) VCLT)
6Contemporaneous Context (Art. 31(2) VCLT)
7Subsequent Agreement (Art. 31(3)(a) VCLT)
8Subsequent Practice (Art. 31(3)(b) VCLT)
9Relevant Rules of International Law Applicable between the Parties (Art. 31(3)(c) VCLT)
10emsp;Supplementary Means of Interpretation (Art. 32 VCLT)
11emsp;Treaty Authenticated in Two or More Languages (Art. 33 VCLT)
12emsp;Conclusion
D An Evolutionary and Human Rights Approach to the Refugee Definition
1An Evolutionary Interpretation of the Refugee Convention
2The Human Rights Approach to the Refugee Definition
3The Relevance of the CRPD under the Human Rights Approach
III ‘Being Persecuted’: Serious Harm
A Introduction
B Disability-Specific Forms of Serious Harm
1Introduction
2Extrajudicial Killings and Ritual Murders
3Forced Institutionalisation and Forced Treatment
4Threats to the Physical and Moral Integrity and Security
5Denial of Medical Treatment and Health Care
6Denial of Work, an Adequate Standard of Living and Accessibility
7Denial of Inclusive Education
8Situations of War
9Denial of Legal Capacity
10Conclusion
C Disability-Specific Approach to Serious Harm in light of the VCLT
1Introduction
2Interpretation According to Art. 31 VCLT and Art. 32 VCLT (Drafting History)
3The Relevance of Human Rights to Persecution: Different Theories of the Human Rights Approach
4Interpretation According to Art. 32 VCLT (unhcr Practice and State Practice)
5Interpretation According to Art. 32 VCLT (International Human Rights Standards)
5.1 Introduction
5.2 Extrajudicial Killings and Ritual Murders
5.3 Forced Institutionalisation and Forced Treatment
5.4 Threats to the Physical and Moral Integrity and Security
5.5 Right to Health Care and Medical Treatment
5.6 Right to Work and to an Adequate Standard of Living and Accessibility
5.7 Right to Inclusive Education and Children’s Rights
5.8 Situations of War
5.9 Denials of Legal Capacity
6 Conclusion
D Conclusion on Serious Harm
IV Failure of State Protection
A Introduction
B The Level of State Protection
1Introduction
2The Level of State Protection in Cases with Disabilities
3The Level of State Protection and a Disability-Specific Approach
3.1 Introduction
3.2 Interpretation According to Arts. 31 and 32 VCLT (Drafting History)
3.3 Interpretation According to Art. 32 VCLT (unhcr Practice and State Practice)
3.4 Interpretation According to Art. 32 VCLT (International Human Rights Law)
3.5 Conclusion on Disability-Specific Interpretation
4Conclusion on Sufficiency of State Protection
C Internal Protection Alternative
1Introduction
2Reasonableness of an Internal Protection Alternative for Persons with Disabilities
3Conclusion on Internal Protection Alternative
D Conclusion on the Level of State Protection
V Causal Nexus – ‘for Reasons of’
A Introduction
B Causal Nexus and Persecutory Intent
1Introduction
2Persecutory Intent Approach in Cases with Disabilities
3Persecutory Intent and a Disability-Specific Approach
4Conclusion on Persecutory Intent
C Causal Nexus, Persecutory Effect and Omissions
1Introduction
2The Bifurcated Approach
3Inability to Fulfil, Omissions and Discriminatory Effect in Cases of Persons with Disabilities
4Inability to Fulfil, Omissions, Discriminatory Effect and a Disability-Specific Approach
5Conclusion on Omissions and Discriminatory Effect
D Mixed Causes
1Introduction
2Mixed Causes in Cases of Persons with Disabilities
3Mixed Causes and a Disability-Specific Approach
4Conclusion on Mixed Causes
E Conclusion on Causal Link
VI Convention Ground ‘Particular Social Group’
A Introduction
B Persons with Disabilities and Membership of a ‘Particular Social Group’
1Introduction
2‘Particular Social Group’ in Cases with Disabilities
3‘Particular Social Group’ and a Disability-Specific Approach
C Conclusion on Persons with Disabilities as a ‘Particular Social Group’
VII Conclusion
A Summary
B Outlook
Bibliography
Index
Notă biografică
Stephanie A. Motz, BCL (Oxon), Dr. iur. (2018), University of Lucerne, is a Barrister and Visiting Lecturer in International Migration Law. She has worked with UNHCR, UN expert fora and NGOs. Stephanie A. Motz publishes in international refugee and disability law and litigates before the ECtHR and UN Committees.