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).
Table of Contents
Introduction. Part I The Challenge of Forced Migrants: Shifting the Discourse from Obligation to Rights: An intellectual history of freedom of movement in international law: the right to leave as a personal liberty, Jane McAdam; The concept of asylum in international law, Rebecca M.M. Wallace and Fraser A.W. Janeczko; Reconceiving refugee law as human rights protection, James C. Hathaway. Part II Non-Refoulement and the Limits of Protection Rights: Non-refoulement, temporary refuge, and the ‘new’ asylum seekers, Guy S. Goodwin-Gill; Expulsion to face torture? Non-refoulement in international law, Aoife Duffy; Non-refoulement on the basis of socio-economic deprivation: the scope of complementary protection in international human rights law, Michelle Foster. Part III The Rights of Refugees: Process and Substance: An asylum seeker’s bill of rights in a non-utopian world, Stephen H. Legomsky; Human rights, refugees, and the right ‘to enjoy’ asylum, Alice Edwards; Dark justice: Australia’s indefinite detention of refugees on security grounds under international human rights law, Ben Saul; Stateless refugees and the right to return: the Bihari refugees of South Asia - part 2, Sumit Sen. Part IV Broadening Protection Rights: Sexual orientation and refugee status determination over the past 20 years: unsteady progress through standard sequences?, Jenni Millbank; Where disability and displacement intersect: asylum seekers and refugees with disabilities, Mary Crock, Christine Ernst and Ron McCallum; Swimming against the tide: why a climate change displacement treaty is not the answer, Jane McAdam; At the border of rights: migration, sex work, and trafficking, Audrey Macklin. Part V Regional Perspectives on Refugee Rights: Past reflections, future insights: African asylum law and policy in historical perspective, Edwin Odhiambo Abuya; Outside the bounds of citizenship: the status of aliens, illegal migrants and refugees in India, B.S. Chimni; Refugee law and protection in Brazil: a model in South America?, Liliana Lyra Jubilut; Australian funded care and maintenance of asylum seekers in Indonesia and Papua New Guinea: all care but no responsibility?, Savitri Taylor. Index.
Mary Crock is Professor at the Sydney Law School, University of Sydney, Australia