Rohit De
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780691174433
- eISBN:
- 9780691185132
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691174433.003.0005
- Subject:
- History, Indian History
This chapter studies the new laws against prostitution, enacted to enforce Article 23 of the Constitution, which sought to end the trafficking of women. For nationalists and leaders of the Indian ...
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This chapter studies the new laws against prostitution, enacted to enforce Article 23 of the Constitution, which sought to end the trafficking of women. For nationalists and leaders of the Indian women's movement, independence meant the achievement of constitutional and legal equality and the emergence of the republican female citizen as a moral, productive member of society. However, legislators and social workers were confronted by a different conception of freedom when sex workers began to file constitutional challenges to the anti-trafficking laws. They asserted their constitutional right to a trade or a profession and to freedom of movement around the country, and they challenged the procedural irregularities in the new statutes. The chapter then demonstrates that despite the sex workers' minimal success in the courts, this litigation prompted mobilization and associational politics outside the court and brought rights language into the everyday life of the sex trade.Less
This chapter studies the new laws against prostitution, enacted to enforce Article 23 of the Constitution, which sought to end the trafficking of women. For nationalists and leaders of the Indian women's movement, independence meant the achievement of constitutional and legal equality and the emergence of the republican female citizen as a moral, productive member of society. However, legislators and social workers were confronted by a different conception of freedom when sex workers began to file constitutional challenges to the anti-trafficking laws. They asserted their constitutional right to a trade or a profession and to freedom of movement around the country, and they challenged the procedural irregularities in the new statutes. The chapter then demonstrates that despite the sex workers' minimal success in the courts, this litigation prompted mobilization and associational politics outside the court and brought rights language into the everyday life of the sex trade.
Chaloka Beyani
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198268215
- eISBN:
- 9780191683459
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268215.003.0003
- Subject:
- Law, Public International Law
Because the freedom of movement is somewhat encouraged through its protection by human rights, it is necessary for States to regulate the residence, whereabouts, and physical movement of persons ...
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Because the freedom of movement is somewhat encouraged through its protection by human rights, it is necessary for States to regulate the residence, whereabouts, and physical movement of persons within a particular set of reasonable limitations. The methods of accomplishing such regulation and the basis and justification of such necessity must comply with the criteria established by the human rights that concern the freedom of movement. While public policy accounts for how legislative or administrative methods for controlling the residence and movement of persons within territories, the purposes and forms of such measures vary between and within countries depending on the degree of importance given to public interest that States attempt to protect through enforcing limitations. While it is impractical to discuss the various restriction measures, this chapter looks into the issues of legality of particular restriction through examining the nature and permissibility of such measures.Less
Because the freedom of movement is somewhat encouraged through its protection by human rights, it is necessary for States to regulate the residence, whereabouts, and physical movement of persons within a particular set of reasonable limitations. The methods of accomplishing such regulation and the basis and justification of such necessity must comply with the criteria established by the human rights that concern the freedom of movement. While public policy accounts for how legislative or administrative methods for controlling the residence and movement of persons within territories, the purposes and forms of such measures vary between and within countries depending on the degree of importance given to public interest that States attempt to protect through enforcing limitations. While it is impractical to discuss the various restriction measures, this chapter looks into the issues of legality of particular restriction through examining the nature and permissibility of such measures.
Chaloka Beyani
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198268215
- eISBN:
- 9780191683459
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268215.003.0008
- Subject:
- Law, Public International Law
The freedom of movement and residence within States involve a multitude of concerns such as internal migration, the state of those who are displaced within States brought about by civil conflicts, ...
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The freedom of movement and residence within States involve a multitude of concerns such as internal migration, the state of those who are displaced within States brought about by civil conflicts, and the relation economic cultural and social rights with such movement, among other such problems. Addressing these problems, however, entails imposing human rights standards for the freedom of movement and residence in varying contexts, and such requires thorough examination of what is contained in such standards. As the degree of protection that the freedom of movement receives depends greatly on the legality of its restrictions, the book has been able to look into its scope and how these are used to regulate and control the freedom of residence and entry through the following measures: monitoring and regulation, coming up with a policy that addresses racial discrimination, and other such functions.Less
The freedom of movement and residence within States involve a multitude of concerns such as internal migration, the state of those who are displaced within States brought about by civil conflicts, and the relation economic cultural and social rights with such movement, among other such problems. Addressing these problems, however, entails imposing human rights standards for the freedom of movement and residence in varying contexts, and such requires thorough examination of what is contained in such standards. As the degree of protection that the freedom of movement receives depends greatly on the legality of its restrictions, the book has been able to look into its scope and how these are used to regulate and control the freedom of residence and entry through the following measures: monitoring and regulation, coming up with a policy that addresses racial discrimination, and other such functions.
Rosalyn Higgins Dbe Qc
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780198262350
- eISBN:
- 9780191682322
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262350.003.0034
- Subject:
- Law, Public International Law
The United Nations Committee on Human Rights exists under Article 28 of the UN Covenant on Civil and Political Rights. One of its functions is to study reports submitted by the states parties — in ...
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The United Nations Committee on Human Rights exists under Article 28 of the UN Covenant on Civil and Political Rights. One of its functions is to study reports submitted by the states parties — in fact, mostly by ‘a constructive dialogue’ with the state party concerned. States parties to the Covenant may become parties to an Optional Protocol allowing the Committee to receive and consider ‘communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant.’ Article 12 deals with the right of freedom of movement as a whole, including, in Article 12(2) and 12(4) respectively, the right to leave and the right to return to one’s own country. This chapter deals with the right in Article 12(1) — the right to liberty of movement and choice of residence within a territory. It examines the problem of internal banishment, the question of expulsion or deportation (external exile), and case law of the Committee.Less
The United Nations Committee on Human Rights exists under Article 28 of the UN Covenant on Civil and Political Rights. One of its functions is to study reports submitted by the states parties — in fact, mostly by ‘a constructive dialogue’ with the state party concerned. States parties to the Covenant may become parties to an Optional Protocol allowing the Committee to receive and consider ‘communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant.’ Article 12 deals with the right of freedom of movement as a whole, including, in Article 12(2) and 12(4) respectively, the right to leave and the right to return to one’s own country. This chapter deals with the right in Article 12(1) — the right to liberty of movement and choice of residence within a territory. It examines the problem of internal banishment, the question of expulsion or deportation (external exile), and case law of the Committee.
Chaloka Beyani
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198268215
- eISBN:
- 9780191683459
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268215.001.0001
- Subject:
- Law, Public International Law
This book is an exposition of the standards of human rights, which are applicable to the right of freedom of movement and residence of people within states. Written from the standpoint of ...
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This book is an exposition of the standards of human rights, which are applicable to the right of freedom of movement and residence of people within states. Written from the standpoint of international law, the book identifies these standards and examines their application to various categories of people, including nationals, non-nationals, minorities, and indigenous groups. The primary motive for writing this book lies in the fact that the vast majority of people move and reside within states. People's ability to exercise civil and political rights as well as economic, social, and cultural rights within states generally depends in large measure on their ability to move about and to choose a place of residence within states. Freedom of movement is therefore crucial to the protection and enjoyment of other rights. As a consequence, the protection of freedom of movement cannot be left exclusively to domestic legal systems because many legal systems form the basis for denying people the right of free movement. Yet the extent to which freedom of movement within states is protected by human rights under international law has not received the attention that its importance deserves. Particular problems arise from the ordinary regulation of freedom of movement, internal exile, the development of free movement zones for nationals and third country nationals in economic and political unions, the need to protect the movement of minorities and indigenous peoples, the movement and location of refugees within states, as well as the legality of derogation from freedom of movement during states of emergency.Less
This book is an exposition of the standards of human rights, which are applicable to the right of freedom of movement and residence of people within states. Written from the standpoint of international law, the book identifies these standards and examines their application to various categories of people, including nationals, non-nationals, minorities, and indigenous groups. The primary motive for writing this book lies in the fact that the vast majority of people move and reside within states. People's ability to exercise civil and political rights as well as economic, social, and cultural rights within states generally depends in large measure on their ability to move about and to choose a place of residence within states. Freedom of movement is therefore crucial to the protection and enjoyment of other rights. As a consequence, the protection of freedom of movement cannot be left exclusively to domestic legal systems because many legal systems form the basis for denying people the right of free movement. Yet the extent to which freedom of movement within states is protected by human rights under international law has not received the attention that its importance deserves. Particular problems arise from the ordinary regulation of freedom of movement, internal exile, the development of free movement zones for nationals and third country nationals in economic and political unions, the need to protect the movement of minorities and indigenous peoples, the movement and location of refugees within states, as well as the legality of derogation from freedom of movement during states of emergency.
Chaloka Beyani
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198268215
- eISBN:
- 9780191683459
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268215.003.0002
- Subject:
- Law, Public International Law
International legal standards for such concerns as the freedom of movement and choosing one's residence within States is given importance by both the Universal Declaration of Human Rights and in ...
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International legal standards for such concerns as the freedom of movement and choosing one's residence within States is given importance by both the Universal Declaration of Human Rights and in various subsequent human rights treaties. Because such treaties are able to facilitate the strategic basis for the analysis of these issues through possessing binding capacities on particular parties and determining what legal standards should be pushed through with, this chapter attempts to identify these international standards. As these standards may be derived from the International Covenant on Civil and Political Rights, 1966, and certain regional human rights treaties, this chapter further investigates the content of such standards for looking into which freedom of residence and movement within States should be established and lawfully exercised.Less
International legal standards for such concerns as the freedom of movement and choosing one's residence within States is given importance by both the Universal Declaration of Human Rights and in various subsequent human rights treaties. Because such treaties are able to facilitate the strategic basis for the analysis of these issues through possessing binding capacities on particular parties and determining what legal standards should be pushed through with, this chapter attempts to identify these international standards. As these standards may be derived from the International Covenant on Civil and Political Rights, 1966, and certain regional human rights treaties, this chapter further investigates the content of such standards for looking into which freedom of residence and movement within States should be established and lawfully exercised.
Fiona Leverick
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199283460
- eISBN:
- 9780191712654
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199283460.003.0006
- Subject:
- Law, Criminal Law and Criminology
This chapter examines the issue of how to deal with the accused who is some way at fault in generating the need to use self-defensive force. The most common example is the accused who starts a fight, ...
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This chapter examines the issue of how to deal with the accused who is some way at fault in generating the need to use self-defensive force. The most common example is the accused who starts a fight, but then kills his opponent after he reacts disproportionately to the initial aggression. The chapter presents a classification of all the different situations that can be encompassed under the heading self-generated self-defence and assesses the legal options available for dealing with the accused in each situation. It is argued that the defence should not necessarily be denied, except where the accused has deliberately provoked an attack in order to kill the victim and benefit from the defence of self-defence. The chapter also examines the approaches taken to self-generated self-defence in the major common law jurisdictions.Less
This chapter examines the issue of how to deal with the accused who is some way at fault in generating the need to use self-defensive force. The most common example is the accused who starts a fight, but then kills his opponent after he reacts disproportionately to the initial aggression. The chapter presents a classification of all the different situations that can be encompassed under the heading self-generated self-defence and assesses the legal options available for dealing with the accused in each situation. It is argued that the defence should not necessarily be denied, except where the accused has deliberately provoked an attack in order to kill the victim and benefit from the defence of self-defence. The chapter also examines the approaches taken to self-generated self-defence in the major common law jurisdictions.
Chaloka Beyani
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198268215
- eISBN:
- 9780191683459
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268215.003.0001
- Subject:
- Law, Public International Law
One of the most basic of human rights which international law protects allows an individual to freely move around and select where he or she wants to live within States. Such protection may have ...
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One of the most basic of human rights which international law protects allows an individual to freely move around and select where he or she wants to live within States. Such protection may have originated from the Universal Declaration of Human Rights in 1948, which accounts for the setting up of international standards for various aspects of human rights protection. Including such concerns as the freedom of movement both in terms of entering and leaving the State and travelling within the State entails certain justification for its advancement that such a basic and natural human right is now declared an essential for every individual. Literature about these concerns, however, is not given as much focus and importance as it should be given. This book therefore attempts to bridge the literature gap in issues of human rights and general international law.Less
One of the most basic of human rights which international law protects allows an individual to freely move around and select where he or she wants to live within States. Such protection may have originated from the Universal Declaration of Human Rights in 1948, which accounts for the setting up of international standards for various aspects of human rights protection. Including such concerns as the freedom of movement both in terms of entering and leaving the State and travelling within the State entails certain justification for its advancement that such a basic and natural human right is now declared an essential for every individual. Literature about these concerns, however, is not given as much focus and importance as it should be given. This book therefore attempts to bridge the literature gap in issues of human rights and general international law.
Rosalyn Higgins Dbe Qc
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780198262350
- eISBN:
- 9780191682322
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262350.003.0030
- Subject:
- Law, Public International Law
The right to enter one’s country, to stay in a country which one has legally entered, and to leave any country including one’s own, have been perceived as basic since the Universal Declaration of ...
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The right to enter one’s country, to stay in a country which one has legally entered, and to leave any country including one’s own, have been perceived as basic since the Universal Declaration of Human Rights was adopted in 1948. When individuals claim human rights relating to freedom of movement, they are referring to the same facts and situations that states are concerned with when they assert jurisdiction over their own nationals and over resident aliens. The international law of jurisdiction is the means by which states allocate competence, between themselves, for the prescription and application of authority over events inside and outside their national boundaries. The rights of entry, sojourn, and exit are indivisible: the denial of any one makes the assertion of the others a chimera rather than a reality. Moreover, they flow inexorably from the right of freedom of movement and residence within the borders of a state. Further, these rights of mobility are inextricably intertwined with certain other human rights.Less
The right to enter one’s country, to stay in a country which one has legally entered, and to leave any country including one’s own, have been perceived as basic since the Universal Declaration of Human Rights was adopted in 1948. When individuals claim human rights relating to freedom of movement, they are referring to the same facts and situations that states are concerned with when they assert jurisdiction over their own nationals and over resident aliens. The international law of jurisdiction is the means by which states allocate competence, between themselves, for the prescription and application of authority over events inside and outside their national boundaries. The rights of entry, sojourn, and exit are indivisible: the denial of any one makes the assertion of the others a chimera rather than a reality. Moreover, they flow inexorably from the right of freedom of movement and residence within the borders of a state. Further, these rights of mobility are inextricably intertwined with certain other human rights.
Margriet Kraamwinkel
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199271818
- eISBN:
- 9780191699542
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271818.003.0017
- Subject:
- Law, Employment Law
This chapter addresses a different challenge facing the EU: how citizenship is and should be defined in a ‘community’ which is primarily a market and in which non-market ties (political, cultural, ...
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This chapter addresses a different challenge facing the EU: how citizenship is and should be defined in a ‘community’ which is primarily a market and in which non-market ties (political, cultural, social, national) are relatively less articulated. It argues that, notwithstanding broad phrases in the Treaty, access to ‘EU citizenship’ is in practice conditioned upon performance of paid work (housewives need not apply). Nevertheless, it contends that progressive possibilities remain in a ‘notion of a citizen imagined not only as a man but also as a woman’.Less
This chapter addresses a different challenge facing the EU: how citizenship is and should be defined in a ‘community’ which is primarily a market and in which non-market ties (political, cultural, social, national) are relatively less articulated. It argues that, notwithstanding broad phrases in the Treaty, access to ‘EU citizenship’ is in practice conditioned upon performance of paid work (housewives need not apply). Nevertheless, it contends that progressive possibilities remain in a ‘notion of a citizen imagined not only as a man but also as a woman’.
Sarah Song
- Published in print:
- 2018
- Published Online:
- October 2018
- ISBN:
- 9780190909222
- eISBN:
- 9780190909253
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190909222.003.0006
- Subject:
- Political Science, Political Theory
Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first ...
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Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.Less
Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.
Kieran Oberman
- Published in print:
- 2016
- Published Online:
- March 2016
- ISBN:
- 9780199676606
- eISBN:
- 9780191756122
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199676606.003.0003
- Subject:
- Political Science, Political Theory
This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without ...
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This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement and freedom of association, protect. The human right to immigrate is not absolute. Like the other human freedom rights upon which it is based, the human right to immigrate can be restricted in certain circumstances. Outside these circumstances, however, immigration restrictions are unjust. The idea of a human right to immigrate is not a demand for open borders. Rather it is a demand that basic liberties be awarded the same level of protection when people seek to exercise them across borders and within borders.Less
This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement and freedom of association, protect. The human right to immigrate is not absolute. Like the other human freedom rights upon which it is based, the human right to immigrate can be restricted in certain circumstances. Outside these circumstances, however, immigration restrictions are unjust. The idea of a human right to immigrate is not a demand for open borders. Rather it is a demand that basic liberties be awarded the same level of protection when people seek to exercise them across borders and within borders.
Kollar Eszter
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780748646920
- eISBN:
- 9780748676682
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748646920.003.0014
- Subject:
- Political Science, International Relations and Politics
Medical migration, the mass movement of medical professionals from the developing to the developed world, is widely seen as one of the most profound problems facing health systems in the poorest ...
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Medical migration, the mass movement of medical professionals from the developing to the developed world, is widely seen as one of the most profound problems facing health systems in the poorest countries of the world. Skilled health-workers leave high disease burden areas with acute staff shortages in order to serve patients in low disease burden regions that are already well equipped. The result of medical migration is deepening global inequalities in health. The relationship between medical migration and human rights has become a central concern in the discussions. On the one hand, rich nations actively recruiting doctors and nurses from poor and sick regions are said to be violating the human right to health of the poor. On the other hand, the migrants claim their (human) right to freedom of movement; a claim that is further supported by two instrumental claims concerning the developmental effects of remittances and of service sector liberalization. The paper unfolds the content of these allegedly conflicting claims in order to clarify the normative considerations at stake and to see in what sense can global health deprivations constitute constraints on medical professionals’ freedom of movement.Less
Medical migration, the mass movement of medical professionals from the developing to the developed world, is widely seen as one of the most profound problems facing health systems in the poorest countries of the world. Skilled health-workers leave high disease burden areas with acute staff shortages in order to serve patients in low disease burden regions that are already well equipped. The result of medical migration is deepening global inequalities in health. The relationship between medical migration and human rights has become a central concern in the discussions. On the one hand, rich nations actively recruiting doctors and nurses from poor and sick regions are said to be violating the human right to health of the poor. On the other hand, the migrants claim their (human) right to freedom of movement; a claim that is further supported by two instrumental claims concerning the developmental effects of remittances and of service sector liberalization. The paper unfolds the content of these allegedly conflicting claims in order to clarify the normative considerations at stake and to see in what sense can global health deprivations constitute constraints on medical professionals’ freedom of movement.
Rosalyn Higgins Dbe Qc
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780198262350
- eISBN:
- 9780191682322
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262350.003.0033
- Subject:
- Law, Public International Law
This chapter discusses integrity in relation to human rights treaties in two senses of that term, referring mostly to the United Nations (UN) International Covenant on Civil and Political Rights. The ...
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This chapter discusses integrity in relation to human rights treaties in two senses of that term, referring mostly to the United Nations (UN) International Covenant on Civil and Political Rights. The UN Human Rights Committee of the Covenant is responsible for monitoring and encouraging compliance with the Covenant. It does this in two main ways: through the critical examination of reports submitted by states, and through the hearing of cases against states, who under an Optional Protocol to the Covenant, allow the bringing of individual applications. The rights covered in the Civil and Political Covenant include: self-determination; right to life; prohibition of slavery; security of the person; treatment with humanity of persons deprived of their liberty; non-imprisonment for debt; freedom of movement; procedural guarantees for aliens upon expulsion; fair trial; non-retrospection of penal sanctions; entitlement to recognition before the law; privacy; freedom of religion; freedom of expression; prohibition of propaganda for war and incitement to racial or religious discrimination, hatred or violence; peaceful assembly; and freedom of association.Less
This chapter discusses integrity in relation to human rights treaties in two senses of that term, referring mostly to the United Nations (UN) International Covenant on Civil and Political Rights. The UN Human Rights Committee of the Covenant is responsible for monitoring and encouraging compliance with the Covenant. It does this in two main ways: through the critical examination of reports submitted by states, and through the hearing of cases against states, who under an Optional Protocol to the Covenant, allow the bringing of individual applications. The rights covered in the Civil and Political Covenant include: self-determination; right to life; prohibition of slavery; security of the person; treatment with humanity of persons deprived of their liberty; non-imprisonment for debt; freedom of movement; procedural guarantees for aliens upon expulsion; fair trial; non-retrospection of penal sanctions; entitlement to recognition before the law; privacy; freedom of religion; freedom of expression; prohibition of propaganda for war and incitement to racial or religious discrimination, hatred or violence; peaceful assembly; and freedom of association.
Alexander Betts
- Published in print:
- 2013
- Published Online:
- August 2016
- ISBN:
- 9780801451065
- eISBN:
- 9780801468964
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801451065.003.0008
- Subject:
- Political Science, International Relations and Politics
This chapter demonstrates how the movement of Somalis is a crucial case of survival migration, one that challenges the basis of the refugee regime. Given the range and complexity of factors ...
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This chapter demonstrates how the movement of Somalis is a crucial case of survival migration, one that challenges the basis of the refugee regime. Given the range and complexity of factors underlying displacement, states have responded to displaced Somalis differently. The chapter shows how Kenya's response has been unique, in that it has stretched to be inclusive of people escaping fragile and failed states at the margins of the international refugee regime. The price of inclusivity, however, has been a reduction in the quality of asylum at the cost of depriving Somalis of their rights to freedom of movement and self-employment, and their access to basic necessities of life. The chapter argues that the reasons for both the inclusiveness of quantity and the limitations on quality can be found in the configuration of elite interests.Less
This chapter demonstrates how the movement of Somalis is a crucial case of survival migration, one that challenges the basis of the refugee regime. Given the range and complexity of factors underlying displacement, states have responded to displaced Somalis differently. The chapter shows how Kenya's response has been unique, in that it has stretched to be inclusive of people escaping fragile and failed states at the margins of the international refugee regime. The price of inclusivity, however, has been a reduction in the quality of asylum at the cost of depriving Somalis of their rights to freedom of movement and self-employment, and their access to basic necessities of life. The chapter argues that the reasons for both the inclusiveness of quantity and the limitations on quality can be found in the configuration of elite interests.
Esther M. K. Cheung, Nicole Kempton, and Amy Lee
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9789888028566
- eISBN:
- 9789882206991
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888028566.003.0010
- Subject:
- Film, Television and Radio, Film
In recounting the last fifteen years of the independent film movement in Hong Kong, it is impossible not to mention Tammy Cheung's name. Even though she does not make narrative films, she has ...
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In recounting the last fifteen years of the independent film movement in Hong Kong, it is impossible not to mention Tammy Cheung's name. Even though she does not make narrative films, she has nevertheless made inroads with documentary films. She focuses on social and human problems as her subject matter and uses direct cinema as her approach. Without the use of voice-over narration, she explores the limits of objectivity and what she calls the “freedom of movement” in the direct cinema style. Her works such as Secondary School and July have elicited a significant response from the community. Even though finding capital and support is incredibly difficult, she claims she will continue filming into the future. Likewise, Hong Kong most certainly needs a documentary culture that records both major historical events as well as reflections from the streets.Less
In recounting the last fifteen years of the independent film movement in Hong Kong, it is impossible not to mention Tammy Cheung's name. Even though she does not make narrative films, she has nevertheless made inroads with documentary films. She focuses on social and human problems as her subject matter and uses direct cinema as her approach. Without the use of voice-over narration, she explores the limits of objectivity and what she calls the “freedom of movement” in the direct cinema style. Her works such as Secondary School and July have elicited a significant response from the community. Even though finding capital and support is incredibly difficult, she claims she will continue filming into the future. Likewise, Hong Kong most certainly needs a documentary culture that records both major historical events as well as reflections from the streets.
Daphne Spain
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780801453199
- eISBN:
- 9781501704130
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801453199.003.0006
- Subject:
- Society and Culture, Gender Studies
This chapter looks at how domestic violence shelters have become bases of political thought and action; by providing physical spaces for safety and support, these shelters have defied one of the most ...
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This chapter looks at how domestic violence shelters have become bases of political thought and action; by providing physical spaces for safety and support, these shelters have defied one of the most brutal expressions of gender inequality—male violence—by protecting a woman’s basic right to bodily integrity. For most of history the law has failed to protect women attacked by intimate partners, leading to the question of whether or not battered women are understood as citizens of the state at all. The chapter argues that if women cannot move and act freely in the public sphere, or if they are intimidated in the privacy of their homes, their ability to act as citizens is limited. Domestic violence shelters have thus become places of refuge for these women, within which they can build their self-esteem and acquire a greater autonomy for themselves.Less
This chapter looks at how domestic violence shelters have become bases of political thought and action; by providing physical spaces for safety and support, these shelters have defied one of the most brutal expressions of gender inequality—male violence—by protecting a woman’s basic right to bodily integrity. For most of history the law has failed to protect women attacked by intimate partners, leading to the question of whether or not battered women are understood as citizens of the state at all. The chapter argues that if women cannot move and act freely in the public sphere, or if they are intimidated in the privacy of their homes, their ability to act as citizens is limited. Domestic violence shelters have thus become places of refuge for these women, within which they can build their self-esteem and acquire a greater autonomy for themselves.
Sarah Fine and Lea Ypi (eds)
- Published in print:
- 2016
- Published Online:
- March 2016
- ISBN:
- 9780199676606
- eISBN:
- 9780191756122
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199676606.001.0001
- Subject:
- Political Science, Political Theory
This book presents seminal new work on the ethics of movement and membership. All the chapters contained in this volume address challenging and under-researched themes on the subject of migration. ...
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This book presents seminal new work on the ethics of movement and membership. All the chapters contained in this volume address challenging and under-researched themes on the subject of migration. The chapters debate the question of the scope of the right to freedom of movement, whether we ought to recognize a human right to immigrate, and whether it might be legitimate to restrict emigration. They critically examine criteria for selecting between would-be immigrants, and for acquiring citizenship, as well as the tensions between the claims of prospective immigrants and existing residents. They tackle questions of migrant worker exploitation, and responsibility for refugees. All the chapters illustrate the importance of drawing on the tools of political theory to clarify, criticize, and challenge the current terms of the migration debate.Less
This book presents seminal new work on the ethics of movement and membership. All the chapters contained in this volume address challenging and under-researched themes on the subject of migration. The chapters debate the question of the scope of the right to freedom of movement, whether we ought to recognize a human right to immigrate, and whether it might be legitimate to restrict emigration. They critically examine criteria for selecting between would-be immigrants, and for acquiring citizenship, as well as the tensions between the claims of prospective immigrants and existing residents. They tackle questions of migrant worker exploitation, and responsibility for refugees. All the chapters illustrate the importance of drawing on the tools of political theory to clarify, criticize, and challenge the current terms of the migration debate.
Marina Sharpe
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198826224
- eISBN:
- 9780191865169
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198826224.003.0004
- Subject:
- Law, Public International Law
Chapter 4 begins with an articulation of the various approaches to refugee status determination in states party to both the regional and international refugee Conventions. This elucidates how and why ...
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Chapter 4 begins with an articulation of the various approaches to refugee status determination in states party to both the regional and international refugee Conventions. This elucidates how and why a refugee might be recognized only under the 1969 Convention, the implications of which are then analysed. It is argued that in states party to both refugee Conventions, refugees recognized only under the 1969 Convention are entitled to the same standards of treatment as refugees recognized under the 1951 Convention. Finally, other aspects of the relationship between the 1951 and 1969 Conventions are considered. These are analysed within two categories: relationships of interpretation and relationships of conflict. The relationship addressed in the first category relates to the 1951 Convention’s article 1C(5) ‘compelling reasons’ proviso. The second category addresses the freedoms of movement and association, and the provision of travel documents.Less
Chapter 4 begins with an articulation of the various approaches to refugee status determination in states party to both the regional and international refugee Conventions. This elucidates how and why a refugee might be recognized only under the 1969 Convention, the implications of which are then analysed. It is argued that in states party to both refugee Conventions, refugees recognized only under the 1969 Convention are entitled to the same standards of treatment as refugees recognized under the 1951 Convention. Finally, other aspects of the relationship between the 1951 and 1969 Conventions are considered. These are analysed within two categories: relationships of interpretation and relationships of conflict. The relationship addressed in the first category relates to the 1951 Convention’s article 1C(5) ‘compelling reasons’ proviso. The second category addresses the freedoms of movement and association, and the provision of travel documents.
Sophie Gilmartin and Rod Mengham
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780748632657
- eISBN:
- 9780748651641
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748632657.003.0001
- Subject:
- Literature, 19th-century and Victorian Literature
This chapter examines the stories in Thomas Hardy's Wessex Tales. It notes that most of the stories are set at least thirty-five years before their telling in the volume, and that ‘Wessex’ is ...
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This chapter examines the stories in Thomas Hardy's Wessex Tales. It notes that most of the stories are set at least thirty-five years before their telling in the volume, and that ‘Wessex’ is described as an environment where uncluttered spaces provided freedom of movement. The chapter first discusses Hardy's verbal descriptions, which were influenced by his experiences with viewing the landscape through big brass telescopes. It reveals that Hardy's experience at Rushy-Pond – along with his telescope – was part of his inspiration for his stories in Wessex Tales. The chapter then shows how the telescope serves to figuratively and practically emphasise Hardy's focus on his object, which leaves everything else temporarily invisible. The rest of the chapter examines certain aspects of the stories in Wessex Tales, including the importance of the human figure, the role of the executioner, the allusions to galvanism and photography, and rivalry between women.Less
This chapter examines the stories in Thomas Hardy's Wessex Tales. It notes that most of the stories are set at least thirty-five years before their telling in the volume, and that ‘Wessex’ is described as an environment where uncluttered spaces provided freedom of movement. The chapter first discusses Hardy's verbal descriptions, which were influenced by his experiences with viewing the landscape through big brass telescopes. It reveals that Hardy's experience at Rushy-Pond – along with his telescope – was part of his inspiration for his stories in Wessex Tales. The chapter then shows how the telescope serves to figuratively and practically emphasise Hardy's focus on his object, which leaves everything else temporarily invisible. The rest of the chapter examines certain aspects of the stories in Wessex Tales, including the importance of the human figure, the role of the executioner, the allusions to galvanism and photography, and rivalry between women.
