Mary Crock - Böcker

The concept of the migrant as rights bearer at law is surprisingly recent and under-developed. Migrants have traditionally been seen as outsiders, persons who are in society but not yet of society. Migrants are at best invitees, ’guests’ for whom presence in a country is a privilege. This is the first of two volumes which bring together writings which trace the evolution in thinking about migrants as legal subjects and rights holders. The articles cover: issues around state sovereignty and migrants as subjects of international law; the articulation of rights; different categories of migrants; issues around health and disability. The volume also features an extended article on the proposal for an International Migrants’ Bill of Rights (IMBR) put forward by an international consortium of academics and students. A related volume Refugees and Rights is also published as part of the series.

Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The refugee’s rights to due process and the substance of entitlements at law are explored in essays that range across administrative processes; social and cultural rights, including family reunion; detention; and the right of return. There follow four essays that address sexual orientation and refugee rights; refugees and disability rights; human rights and persons displaced by climate change disasters; and the rights of victims of human trafficking. The volume concludes with work reflecting on the rights discourse outside of traditional ’Western’ theatres. These cover Africa (Kenya), India, South America (Brazil) and the Asia-Pacific (Indonesia and Papua New Guinea).

With unprecedented numbers of children on the move in search of safety, Protecting Migrant Children explores the complex legal and human rights issues that arise when children cross borders as migrants. It critically examines the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.The book brings together an interdisciplinary and multinational group of experts to assess the nature and root causes of child migration in different parts of the world, featuring national and comparative case studies in Australia, Canada, Europe, the United States and parts of Asia and Africa. The contributors address systematically the many challenges experienced and posed by young people who cross borders in search of protection, or a better quality of life. Identifying the many universal issues facing states who play host to these children, the book lays the foundations for new paradigms in law, policy and practice in the reception and management of child migrants, refugees and victims of trafficking. Topical and engaging, this book is an important resource for academics and students in human rights law; migration and refugee law; the administrative and procedural issues of refugee law, and comparative law; as well as in the social sciences and health sciences. Policymakers and workers within the community sector will also find this book stimulating and informative.Contributors include: E.O. Abuya, F. Anello, T. Baker, L.B. Benson, S. Bolton, K. Bones, M. Crock, C. Danisi, D. Ghezelbash, P. Goldberg, C. Holguin, C. Jarvis, K. Kapur, M.A. Kenny, J. Lelliott, M. Loughry, A. Malakooti, H. Martin, I. Martinez, G.L. Neuman, A. Olusese, S. Petros, G. Sadoway, A. Schloenhardt, S. Taylor, C. Thomas, D. Thronson, G. Triggs, K. Tyler, K. van Doore, S. Whitman, P. Yule, M. Zou

Refugees living with disabilities are often forgotten or invisible during acute crises of human displacement. This groundbreaking work examines the experiences of persons with disabilities who have crossed borders in search of protection from disasters or conflict, and analyses the existing legal frameworks for their protection. The authors deftly explore the intersection between one of the oldest international human rights treaties, the 1951 Refugee Convention, with one of the newest, the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on pioneering fieldwork in six countries - Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey - this book examines how the CRPD is, or should be, changing the way that governments and aid agencies engage with and accommodate refugees with disabilities. Its timeliness is underscored by the adoption in 2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action at the World Humanitarian Summit. Engaging and thought-provoking, this book will captivate any scholar studying international law, development, disability rights and refugee and forced migration studies. It is also an imperative resource for practitioners and policymakers in the humanitarian and development sector, as well as international human rights organisations.