Protection from Refuge: From Refugee Rights to Migration Management

Refugees are increasingly turning to courts for protection, but the book argues that courts have transitioned from robust ideas of refuge to rudimentary ones, perpetuating global inequities in refugee responsibility and rendering refuge elusive.

Format: Hardback
Length: 300 pages
Publication date: 24 March 2022
Publisher: Cambridge University Press

Refugees often find themselves in perilous and desolate conditions, fleeing from the very threats they seek to escape. In their quest for safety, they traverse borders, seeking refuge in different parts of the world. As part of their journey, refugees are increasingly turning to the legal system for protection, not only from persecution in their homeland but also from a place of safety. This book is a groundbreaking global and comparative study of protection from refuge litigation, examining whether courts facilitate or hinder refugee journeys, particularly with regard to gender. Drawing on jurisprudence from Africa, Europe, North America, and Oceania, Kate Ogg demonstrates that courts have undergone a significant shift, moving from robust ideas of refuge to rudimentary ones. This trajectory suggests that courts have the potential to play a vital role in shaping more just and equitable refugee protection policies, yet they have inadvertently exacerbated the challenges inherent in seeking sanctuary, perpetuating global inequalities in refugee responsibility and making refuge elusive.

The legal landscape for refugees has evolved significantly over time, with courts playing a pivotal role in shaping the protection available to those seeking safety. In the past, courts had a strong understanding of the concept of refuge and were willing to provide protection to those who faced persecution in their homeland. However, as the global refugee crisis has persisted, courts have faced increasing pressure to adapt their approaches to refugee protection, often in response to political and social developments.

One of the key challenges facing courts in the context of refugee protection is the increasing complexity of the legal landscape. Asylum seekers and refugees are often navigating a complex web of laws, regulations, and policies, which can be difficult to understand and apply. This complexity can lead to delays in the legal process, as well as inconsistent and unfair outcomes for those seeking protection.

Another challenge facing courts is the increasing number of refugees seeking protection. With millions of people fleeing conflict and persecution worldwide, the legal system is struggling to keep up with the demand for protection. This has led to overcrowding in refugee camps and other facilities, as well as increased competition for limited resources.

Despite these challenges, courts continue to play a critical role in shaping the protection available to refugees. In recent years, there has been a growing recognition of the importance of gender-sensitive approaches to refugee protection, particularly in light of the disproportionate impact of violence and persecution on women and girls. Courts have been instrumental in promoting gender-sensitive policies and practices, such as the recognition of gender-based violence as a form of persecution and the provision of specialized legal services to women and girls.

However, there are still significant gaps in the protection available to women and girls fleeing violence and persecution. Women and girls are often subjected to gender-based violence and discrimination, which can make it difficult for them to access legal services and find safety. Moreover, women and girls may face additional barriers to seeking protection, such as cultural norms and stereotypes that limit their rights and opportunities.

To address these gaps, courts need to continue to promote gender-sensitive approaches to refugee protection. This may involve developing new legal frameworks and policies that specifically address the needs of women and girls, as well as providing specialized legal services and support to those who are most vulnerable. Courts may also need to work closely with other stakeholders, such as governments, non-governmental organizations, and community groups, to promote gender equality and social justice in the broader context of refugee protection.

In conclusion, the legal landscape for refugees is complex and evolving, with courts playing a critical role in shaping the protection available to those seeking safety. While courts have made significant progress in promoting gender-sensitive approaches to refugee protection, there are still significant gaps in the protection available to women and girls fleeing violence and persecution. To address these gaps, courts need to continue to promote gender-sensitive approaches, develop new legal frameworks and policies, and work closely with other stakeholders to promote gender equality and social justice in the broader context of refugee protection.

Weight: 560g
Dimension: 250 x 175 x 18 (mm)
ISBN-13: 9781316519738