Suchergebnisse

Introduction -- The convention relating to the status of refugees, protection gaps and temporary protection -- The legal basis of temporary protection in international law -- Elements of a practical and efficient temporary protection regime which operates within the boundaries of international law and human rights -- Temporary protection practice in southeast Asia and Europe -- EU temporary protection directive -- Temporary protection in Turkey and the United States -- The temporary protection guidelines -- Conclusion

This article examines administrative and judicial remedies against asylum decisions and deportation orders in Turkey and safeguards provided within these remedies with a view to analysing to what extent they are in line with European law and the European Convention on Human Rights (echr). The article has two main parts. The first part provides an overview of the Turkish asylum system and remedies available against asylum decisions and deportation orders in Turkey. Whereas, the second part identifies main procedural safeguards to be observed in asylum and deportation appeals by reviewing EU asylum acquis, the echr and case law of the European Court of Justice and the European Court of Human Rights. Building on this, the article assesses whether the Turkish law and practice incorporate these procedural safeguards and provide asylum seekers and migrants a right to effective remedy.

The convention relating to the status of refugees, protection gaps and temporary protection -- The legal basis of temporary protection in international law -- Elements of a practical and efficient temporary protection regime which operates within the boundaries of international law and human rights -- Temporary protection practice in Southeast Asia and Europe -- EU temporary protection directive -- Temporary protection in Turkey and the United States -- The temporary protection guidelines

The Convention relating to the Status of Refugees (the 1951 Convention) does not address all the challenging questions posed by contemporary forced migration. The 1951 Convention does not deal with persons fleeing armed conflict, admission and large-scale movement of forced migrants in a clear and comprehensive manner. In addition to this, restrictive interpretation of the refugee definition provided in Art. 1 A (2) of the 1951 Convention by State authorities, popularity of non-entrée policies and the absence of solidarity in response to large-scale forced migration movements create protection gaps. A number of initiatives have been adopted at the national, regional and international level to remedy these gaps and one of them is temporary protection. This article focuses on protection gaps and temporary protection. The first part of the article explores the extent to which the 1951 Convention deals with persons fleeing armed conflict, admission and mass-influx situations, and it seeks to clarify the reason why there are protection gaps concerning these issues. Building on this analysis, the second part of the article defines temporary protection by reviewing temporary protection policies in Turkey, the United States and the European Union and it explores to what extent temporary protection regimes can remedy protection gaps and provide effective protection to forced migrants.

AbstractThe Taliban's takeover of Afghanistan in August 2021 deprived women and girls of their fundamental rights. The Taliban denied or severely restricted women and girls' rights to education, work, healthcare, freedom of movement, opinion and expression, and to protection from gender-based violence. This article argues that the Taliban's treatment of Afghan women and girls amounts to persecution, and all Afghan women and girls should be recognised as refugees under the 1951 Refugee Convention. The article further examines the feasibility of prima facie recognition for Afghan women and girls.

Preliminary Material /Hélène Lambert -- Introducing the Second Phase of the Common European Asylum System /Céline Bauloz , Meltem Ineli-Ciger , Sarah Singer and Vladislava Stoyanova -- Fair Enough? The uk's Reluctance to Find Article 6 echr Engaged in Asylum Disputes and the Transformative Potential of eu Law /Emma Borland -- Victims of Human Trafficking: A Legal Analysis of the Guarantees for 'Vulnerable Persons' under the Second Phase of the eu Asylum Legislation /Vladislava Stoyanova -- Availability of Protection in the Country of Origin: An Analysis under the eu Qualification Directive /Julian M. Lehmann -- The Persecution of Disabled Persons and the Duty of Reasonable Accommodation: An Analysis under International Refugee Law, the eu Recast Qualification Directive and the echr /Stephanie A. Motz -- Refuge from Climate Change-Related Harm: Evaluating the Scope of International Protection within the Common European Asylum System /Matthew Scott -- Has the Temporary Protection Directive Become Obsolete? An Examination of the Directive and Its Lack of Implementation in View of the Recent Asylum Crisis in the Mediterranean /Meltem Ineli-Ciger -- The Recast Eurodac Regulation: Are Asylum Seekers Treated as Suspected Criminals? /Niovi Vavoula -- Selected Bibliography /Céline Bauloz , Meltem Ineli-Ciger , Sarah Singer and Vladislava Stoyanova -- Index /Céline Bauloz , Meltem Ineli-Ciger , Sarah Singer and Vladislava Stoyanova.