Human Rights and the Refugee Definition

Comparative Legal Practice and Theory

Series:

Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.

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Biographical Note

Bruce Burson is a Senior Member of the New Zealand Immigration and Protection Tribunal and has issued many of its leading decisions in relation to the Refugee Convention.

David James Cantor, PhD (2010), is a Reader in International Human Rights Law and the Director of the Refugee Law Initiative at the School of Advanced Study, University of London.

Table of contents

Acknowledgments;
Abbreviations;
Notes on Contributors;
1. Introduction: Interpreting the Refugee Definition via Human Rights Standards Bruce Burson and David James Cantor;
2. Give Way to the Right: The Evolving Use of Human Rights in New Zealand Refugee Status Determination Bruce Burson;
3. Island Nation: The Impact of International Human Rights Law on Australian Refugee Law Linda J. Kirk;
4. The Human Rights Bases of Refugee Protection in Canada James C. Simeon;
5. International Human Rights and US Refugee Law: Synergies and Contradictions Deborah Anker and Josh Vittor;
6. International Human Rights and Refugee Law: The United Kingdom Raza Husain;
7. Refugee Law Jurisprudence from Germany and Human Rights: Cutting Edge or Chilling Effect? Roland Bank;
8. The Search of the Outer Edges of Non-refoulement in Europe: Exceptionality and Flagrant Breaches Cathryn Costello;
9. Human Rights in Refugee Protection in Brazil Liliana Lyra Jubilut, Camila Sombra Muiños de Andrade and Camila Marques Gilberto;
10. Economic Migrant or Person in Need of Protection? Socio-Economic Rights and Persecution in International Refugee Law Michelle Foster;
11. An Enabling Interpretation of the Refugee Convention: Determination of Refugee Status in Light of the Convention on the Rights of Persons with Disabilities (CRPD) Andreas Dimopoulos;
12. The Right to Refugee Status and the Internal Protection Alternative: What does the Law Say? Jessica Schultz and Terje Einarsen;
13. [En]gendering International Refugee Protection: Are We There Yet? Heaven Crawley;
14. Defining Refugees: Persecution, Surrogacy and the Human Rights Paradigm David James Cantor;
15. Selected Bibliography;
Index.

Readership

All interested in refugee law and/or human rights law, including academics, post-graduate students, lawyers, judges and those working in refugee NGOs and international organisations.