Human Rights, State Sovereignty, and Persecution: Issues in Forced Migration and Refugee Protection
Spring term, Block L
T 5:00 PM - 7:00 PM
Ms. Jacqueline Bhabha
2 classroom credits LAW-38230A
This course explores differing types of forced migration today, including refugee flight, asylum, internal displacement, trafficking. It analyses the institution of asylum, as a tool of states and an aspect of international human rights protection. It questions whether the concept of refugee protection or asylum is outdated. The definition of a refugee in international law is considered in detail, including key concepts such as "well-founded fear of persecution." Comparative materials, including case law, from the United States, Europe, Australia, and Africa are used to explore implementation of international refugee law through domestic courts and to examine policy developments related to forced migration. The problematic role of UNHCR and of long term camps is discussed. Other issues covered include gender persecution, asylum eligibility for victims of non-state persecutors (husbands, rapists, guerrilla forces), asylum and "terrorism," refugee and asylum-seeking children, the relationship between the Refugee Convention and the Convention Against Torture. The course concludes with a consideration of recent responses to the problem of mass displacement, including "safe havens," and other forms of temporary or humanitarian protection.