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Asylum case study
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INTRODUCTION
• Explain what is the asylum process
• Introduction
• HR RIGHT look that shit up
We as humans have a right to be free from persecution. It is our obligation, if we can provide it, to protect human lives where possible (Allard 2013). Under Article 14 in the Universal Declaration of Human Rights (UDHR) as adopted by the United Nations General Assembly in December 10, 1948, everyone has the right to seek and to enjoy in other countries asylum from persecution. When and why do we detain those who seek out protection? Moreover, why has there been an rise and expansion in the detention of immigrants and asylees (Silverman, Massa 2012).
The detention of immigrants applying for asylum has become commonplace in high-income Western society, and even in low-income societies, some completely funded from higher-income neighboring countries (Kotsioni et al. 2013; Silverman, Massa 2012). Detention facilities are utilized as a deterrent,
• If detention is seen and utilized as a deterrent to counter illegal immigration, why is it that we still see the number of immigrants, refugees, and asylees rising year after year?
• My focus for this paper is the marginalization of immigrants, refugees, and asylees in terms of the utilization of immigration detention centers as a method of deterrence,
The marginality and exclusion experienced by immigrants and refugees is due to
MARGINALIZATION & EXCLUSION
The traditional nation state is what gives society and its’ citizens their sense of cohesiveness. It is then the duty of the nation state to protect its’ citizens and their interests, whilst providing health and social services to its members. The question then becomes, without a state, who is to protect your rights? When fleeing...
... middle of paper ...
...aised [insert something]
• Through the underground economy
• In order to
• We need complete transparency of goes on inside these facilities.
• Ideally, the dissolution of immigration detention facilities altogether would allow asylees full inclusion into society. This would be a step in the right direction in terms of human rights. . We have learned that detention centers are centers for profit, with some that are publically traded, with the majority in privately owned and operated.
• We lose sight of the actual reason why these immigrants have come here in the first place, in turn
• There needs to be an accountability for human rights violations when violators are actual sovereign states. While human rights are a concern of ethics,
• ACCOUNTABLITY – WHO DO WE BLAME, WHAT KIND OF PUNISHMENTS ARE ENFORCED FOR THOSE WHO DEFY/BREAK/VIOLATE HUMAN RIGHTS LAWS
Mass incarceration did not occur in light of significant increments in wrongdoing but instead given a system of strategic decisions that the country has made. A similar straightforward answer will address the system question of how to stand up to the adverse effect of mass imprisonment on communities of shading (Mauer). Making this stride decreasing mass incarceration will efficiently affect these communities since they have disproportionally experienced the increments in captivity. Furthermore, for any individual who may stress, there is no proof to propose that a move far from the abnormal state of incarceration, which portrays the United States more than some other country on the planet, will bring about a considerable increment in wrongdoing. Another essential approach to address the issues for communities of shading is to lessen the own racial and financial isolation that keeps on causing problems for social life in the United States. In fact, going for this objective will put more noteworthy difficulties on policymakers and people in general alike. At last, an ideal approach to lessen the security outcomes and the impacts of increased cases of imprisonment and their resulting pessimistic has implications for people of shade is to decrease the rate of individuals being jailed and to make an all the more equitable
The 2002 Nationality, Immigration and Asylum Act abandoned the dispersal policy and voucher scheme and introduced warehousing accommodation in the form of a camp that’s like a prison to house asylum seekers with a separate education and healthcare provision, these finally excludes them from normal community life (Bochel et al, 2009:388). This was highly criticized by NGOs, refugee council, refugee organization and several charitable organizations for refugee and this sometimes led to riots in the detention centre. The 2004-2006 Act further tightens the asylum system and speeded detention and removal by the withdrawal of legal rights (Bochel et al, 2009:388). The home office insist the dispersal policy is going on well whereas on the ground opinion is mixed (Guardian, 27 June 2001) this came up due to the case of some 14 asylum seekers on hunger strike in protest against the poor living condition in the privately run Liverpool tower block. The refugee council has serious concern over the dispersal policy especially as unaccompanied minors are being dispersed alongside adults with no proper resources and support service put in place. Chief executive Nick Hardwick mentioned that for dispersal policy to work government department need to develop proper support services for asylum seekers in dispersing areas and that dumping asylum seekers on poor estate blocks where they cannot access basic services like healthcare and education is leaving them abandoned and vulnerable (Guardian, 27 June 2001). In some situation asylum seekers refused to be dispersed and decide to
...leged violations of human rights is of utmost importance, both from the point of view of the victim and his or her relatives and to prevent the recurrence of similar violations." (Amnesty International, 1999)
All the legal transformations identified in this paper, I argue, point into one direction: a less salient principle of sovereign equality and ever-increasing important transnational regimes. Today, the absolute authority of a state over its territory and population is under more limitations than it was seventy years ago.
The United States of America, being a country founded by immigrants, is known all over the world as the land of great opportunities. People from all walks of life travelled across the globe, taking a chance to find a better life for them and their family. Over the years, the population of immigrants has grown immensely, resulting in the currently controversial issue of illegal immigration. Illegal immigrants are the people who have overstayed the time granted on their US, visa or those who have broken the federal law by crossing the border illegally. Matt O’Brien stated in his article “The government thinks that 10.8 million illegal immigrants lived in the country in January 2009, down from a peak of nearly 12 million in 2007.”(Para, 2).
Illegal immigrants (asylum seekers) face being put into detention centers (prisons). In these centers, immigrants face the same persecution as before. Those running from pain, need not to feel it anymore. These detention centers allow immigrants very few privileges, if any at all. In an article by Washington Times titled “ Illegal Immigrant Detention Centers Rife With Abuses, U.S. Civil Rights Commission report finds” it claims, “Some detention facilities---both government -run and private ones operating on contracts ---don 't provide good medical care, deny illegal immigrants the chance to try to get lawyers to help them with their cases, look the other way when rape or sexual abuse occurs”(Dinan). Rather than treating immigrants as prisoners, These immigrants need to be provided with adequate care. Providing immigrants with this kind of shelter, kindness, food, and other necessities will push the immigrants towards the next step, staying here, finding a job, and expanding the
In recent months, the asylum seeker crisis has intensified, bringing the treatment of asylum seekers, particularly in offshore detention centers forward. While it is fantastic, that Australia has offered to take 12,000 refugees who are fleeing conflict in Iraq, it is a concern that it appears in doing so; many human rights have been overlooked. In August this year, a cache of documents was leaked from Australia’s offshore detention centers documenting details of assaults, sexual assault, trauma, self-harm and inadequate living conditions between 2013 and 2015.
For example, refugees fleeing their countries for a better life in Australia are often ‘imprisoned’ in mandatory detention centres - deprived of their human rights and Australia’s legal systems. "Long-term immigration detention causes major mental
This essay has argued throughout that human rights are not universal. The first paragraph in this essay focused on the extent to which the idea and norms of universal human rights has flourished. It then critiqued human rights from a cultural perspective arguing that human rights are not universal due to their being conflict between the rights of the individuals and the rights of groups. This essay finally argued that the lack of adherence to these so called universal human rights have dealt a huge blow to the notion of their being universal human rights.
Globalisation has increased modern technology all over the world enabling more people, such as globally separated families, to maintain contact. Increased media coverage also draws the attention of the world to human rights violation which can lead to an improvement in human rights. This is not a reflection of all marginalised groups. In Australia, the detention of unaccompanied asylum seeking children (UASC) contravenes the United Convention on the Rights of the Child (UNCRC), however the media are prohibited to enter detention centres and report on this issue (Cemlyn and Briskman, 2003).
There have been numerous authors who argued in favour of states having moral agency and the ability or potential to hold moral duties (Erskine 2001, Hoover 2012, Schwenkenbecher 2011). The notion provided is that the state possesses a distinct identity – independent of the respective identities of citizens and collectives. States play central roles in the international relation arena, and in such they have appeared to qualify as an institutional moral agent (Erskine, 2001). Erskine proposes three criteria in determining the status of states as moral agents, that ...
Globalization has effect the role of the state immensely; as the process of present’s challenges to state sovereignty and autonomy. In spite of borders becoming more ill-defined and fluid in as a result of the process of globalization (Weiss 2000, 2-3). The state will remain relevant and necessary because citizens need a place to cast their votes, taxes have to be paid to particular authorities, which can be held accountable for pub...
With the United States borders extending over thousands of miles, the government does not have the ability to completely watch and secure this massive border. Therefore, a large number of illegal immigrants take an advantage of crossing the border undetected. With such large amount of illegal immigrants entering our country, the safety of our citizens is hindered because not just illegal immigrants can cross our border but criminals and terrorists can come across virtually unseen. There is basically no telling the sorts of individuals that enter the nation, killers, drug dealers, or terrorists a majority of these criminals live close to the border. With the government cannot completely control illegal immigration over the border, the security of legal citizens is at risk. All things considered, with the powerlessness to control and completely carry out the laws of immigration, potential criminals will constantly barge into the nation and further jeopardize the U.S. lives.
Rights have been and continue to be violated across the world on both massive and miniscule scales. With rights violations being a constant issue, it is necessary, although it may be difficult, to determine which violations are human rights violations. Two aspects are crucial in this process: universality and paramountcy. Although practicability is also set forth as a criterion by Maurice Cranston, it is not as crucial when determining which acts violate human rights, or when they came into existence. This is due to the fact that when trying to distinguish between rights and human rights, almost all rights, not just specifically human rights, can, in some way, be practicable. For this reason, practicability, for the purpose of this essay, is
As an international community, states have a responsibility to protect those who have fled their own country, due to their human rights being exploited (Brennan 2016, p. 52). In this essay, I will discuss a brief history of the different governments policies made in regard to asylum seekers, I will then explain the issues of these policies in association with human rights violations, and finally I will demonstrate alternatives to balance national security concerns with a human rights agenda.