New directions in article 1D jurisprudence: greater barriers for Palestinian refugees seeking the benefits of the Refugee Convention

Ogg, Kate

doi:10.4337/9780857932815.00033

Cited by 3 publications

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“…the UNRWA was a sufficient protection and assistance for the purposes of Article 1D of the 1951 Refugee Convention. See alsoOgg (2019),[364][365][366] and CJ (GC), case C-31/09 Bolbol (2010), para 44, and CJ (GC), caseC-364/11 El Kott and Others (2012), para 48.1314 See the UNRWA's website. See alsoAkram (2014),[228][229][230] and CJ (GC), case C-585/16 Alheto(2018), para 84.…”

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confidence: 99%

“…See e.g Ogg (2019),. 373, who understood the El Kott and Others ruling, with its focus on safety and living conditions in the UNRWA's areas of operations, as providing for 'a narrow and skewed understanding of the meaning of the words 'protection' and 'assistance' in article 1D' and showed that some national authorities willingly follow this restrictive approach.…”

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Seeking Convergence? A Comparative Analysis of the Jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union on Seeking Asylum

Lysienia

2022

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Since 2009 two courts have been shaping human rights of asylum seekers in Europe: the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). Side by side, the courts examined who is protected from refoulement, when and how asylum seekers can be detained and what remedies they should have access to. Did they seek convergence in their asylum case-law or paid no attention to each other’s jurisprudence? Did they establish a coherent standard of the asylum seekers’ protection in Europe? Judicial dialogue between the ECtHR and CJEU in the area of asylum is at the heart of this study. The book offers also a comprehensive overview of the asylum case-law of the two courts and identifies the main convergences and divergences in their approach to protection against refoulement, immigration detention and effective remedies.

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Seeking Convergence? A Comparative Analysis of the Jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union on Seeking Asylum

Lysienia

2022

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International Solidarity and Palestinian Refugees: Lessons for the Future Directions of Refugee Law

Ogg

2020

Hum Rights Rev

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Palestinian law to protect family and prevent violence: challenges with public opinion

2023

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The Palestinian Family Protection Law was submitted for ratification in November 2020 after much collaboration between advocates, attorneys and governmental officials, as well as community and international organizations. The draft bill addresses a myriad of social issues affecting vulnerable populations in the West Bank of Palestine, including: the legal age for marriage; gender inequality in inheritance; divorce; gender-based violence; and domestic violence. However, immediate feedback from local religious scholars, with increasing pressure from the general Palestinian population, was deeply divided, with negative perceptions relating to the perceived ‘foreign’ nature of the regulations and criticism that the law was not in accordance with Palestinian culture and Islamic Law. This criticism led to two years of inactivity regarding the bill. The current study sought to evaluate the attitudes, behavior and beliefs regarding the underlying human rights issues and assumptions concerning gender, marriage, and domestic violence that could be found in the codices of the proposed legislation as well as among the general population of Palestine. The data demonstrates that the population sampled viewed the underlying premise of the Family Protection Bill negatively. Individuals with a graduate degree or above tended to view the bill with less negativity, whilst females viewed the bill more positively than males. The results of this study illustrate that, with regard to legislation that relates to family life in Palestine, there is a wide gap between the points of view held by human rights advocates and NGO’s and those held by the general population. To further the agenda of family protection community education relating to social issues, the fundamentals of Sharia law and national sovereignty may be needed so as to clarify the core Islamic beliefs in relation to human rights and oppression, as well as to increase Palestinian ownership of the family protection agenda.

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New directions in article 1D jurisprudence: greater barriers for Palestinian refugees seeking the benefits of the Refugee Convention

Cited by 3 publications

References 0 publications

Seeking Convergence? A Comparative Analysis of the Jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union on Seeking Asylum

Seeking Convergence? A Comparative Analysis of the Jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union on Seeking Asylum

International Solidarity and Palestinian Refugees: Lessons for the Future Directions of Refugee Law

Palestinian law to protect family and prevent violence: challenges with public opinion

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