Constitutional law rights of refugees

Constitution guarantees First Amendment protections for Muslims, atheists and all religious groups. Muslims are granted the same constitutional protections as other citizens. The survey asked respondents whether they thought it was accurate to say that U.

Constitutional law rights of refugees

At year-end their number wasInternational law recognizes the right to seek asylum, but does not oblige states to provide it. Nations at times offer 'temporary protection' when they face a sudden mass influx of people and their regular asylum systems would be overwhelmed.

In such circumstances people can be speedily admitted to safe countries, but without any guarantee of permanent asylum. Thus 'temporary protection' is helpful to both governments and asylum seekers in specific circumstances. Yet it only complements and does not substitute for the wider protection measures offered by the Refugee Convention.

Refugee protection and assistance organizations generally promote three "durable solutions" to the fate of refugees: Most of the world's refugees wait for durable solutions for their predicament.

While most have been granted provisional or temporary asylum in neighboring countries, they are not able to regularize their status or integrate. Their rights to move and work are often highly restricted, and educational and recreational opportunities are often nonexistent or severely lacking.

These refugees may also be subject to attack, either by local security forces or by cross-border incursions from the country of origin.

A special category are people who may have been forced to flee their homes for the same reasons as refugees but they have not crossed an international border.

These people are called internally displaced persons. By the end ofthere were approximately Increasingly the majority of current conflicts in the world involve disputes between political or ethnic groups within countries rather than wars between countries.

Given this trend, the number of persons caught up in conflicts in their own countries and forced to leave their homes is likely to increase. Economic migrant — someone who has left her or his home to look for better work and a higher standard of living in another place.

Immigrant — someone who has entered a new country to settle. Internally displaced person — someone who has left her or his home in fear of persecution, but has not crossed an international border. Refoulement — where an asylum seeker or refugee is forcibly returned to the country from which they have fled.

Refugee — someone who has left her or his country or is unable to return to it owing to a well founded fear of persecution for reasons of race, religion, nationality, membership of particular social group or political opinion.

Repatriation — people can return their home country voluntary. Prohibition on the forced return of a refugee is called nonrefoulement and is one of the most fundamental principles in international refugee law.

This principle is laid out in Article 33 of the Convention Relating to the Status of Refugeeswhich says that no state "shall expel or return 'refouler' in French a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.

Asylum seekers may have already suffered imprisonment and Torture in the country from which they have fled. Therefore, The consequences of detention may be particularly serious, causing severe emotional and psychological stress.

Article 31 of the Refugee Convention says that refugees should not be penalized for having entered a country illegally if they have come directly from a place where they were in danger and have made themselves known to the authorities.

Constitutional law rights of refugees

Therefore, asylum seekers should not be detained for being in possession of forged identity papers or for destroying identity or travel documents. Articles 12 - 30 of the Refugee Convention set out the rights which individuals are entitled to once they have been recognised as Convention refugees: All refugees must be granted identity papers and travel documents that allow them to travel outside the country Refugees must receive the same treatment as nationals of the receiving country with regard to the following rights: Free exercise of religion and religious education Free access to the courts, including legal assistance Access to elementary education Access to public relief and assistance Protection provided by social security Protection of intellectual property, such as inventions and trade names Protection of literary, artistic and scientific work Equal treatment by taxing authorities Refugees must receive the most favourable treatment provided to nationals of a foreign country with regard to the following rights: The right to belong to trade unions The right to belong to other non-political nonprofit organizations The right to engage in wage-earning employment Refugees must receive the most favourable treatment possible, which must be at least as favourable to that accorded aliens generally in the same circumstances, with regard to the following rights: The right to own property The right to practice a profession The right to self-employment Access to housing Access to higher education Refugees must receive the same treatment as that accorded to aliens generally with regard to the following rights:The Extension of the Rights of Refugees and Asylum Seekers Act 22 of (herein after referred to as the Act) deals with the criteria for orders for immediate deportation.

s12(2) of the Act is a violation of the separation of powers and therefore undermines of the lawmaking process and erodes the checks and balances on government power . Immigration Law: An OverviewFederal immigration law determines whether a person is an alien, the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States.

It also provides the means by which certain aliens can become legally naturalized citizens . THE RIGHTS OF REFUGEES UNDER INTERNATIONAL LAW States are increasingly challenging the logic of simply assimilating refugees to their own citizens.

Overview: This lesson explores the massive immigration from Vietnam and Cambodia begun in the s resulting from the end of the Vietnam War.

It focuses particularly on the crisis caused by boat people fleeing the region, the Geneva Conference called to address the situation, and the subsequent resettlement of many of these refugees in the United States.

9 Rule 30 reads: “ Application of certain sections of the Supreme Court, (Act No.

Constitutional Law Rights of Refugees

59 of ) The following sections of the Supreme Court Act, (Act No. 59 of ), shall apply, with such modifications as may be necessary, to proceedings of and before the . Refugee law is the branch of international law which deals with the rights and protection of are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian discussion forms part of a larger discussion on fragmentation of international law.

Basic Law for the Federal Republic of Germany