This handbook provides an overview of the law applicable to asylum, border management and immigration in relation to European Union (EU) law and the European Convention on Human Rights (ECHR). It looks at the situation of those foreigners whom the EU usually refers to as third-country nationals. Thi...s handbook is designed to assist legal practitioners as well as non-governmental organisations (NGOs) and other bodies that are not specialised in the field of asylum, borders and immigration law and that may be confronted with legal qüstions relating to these subjects.
For versions in other European languages check also http://fra.europa.eu/de/publication/2013/handbuch-zu-den-europarechtlichen-grundlagen-im-bereich-asyl-grenzen-und-migration
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Health and Human Rights Journal
December 2016 / Volume 18 / Number 2 / Papers, 171-182
Thirty years ago, the United Nations General Assembly adopted the Convention on the Rights of the Child at a moment of rapid global change marked by the end of apartheid, the fall of the Berlin Wall and the birth of the World Wide Web. These developments and more brought momentous and lasting evolut...ion, as well as a sense of renewal and hope for future generations. In a reflection of that hopeful spirit, the Convention has since become the most widely ratified human rights treaty in history.
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Miscellaneous
Chapter J.7
The 65-page report names more than 15 commanders and officials from both the government Sudan People’s Liberation Army (SPLA) and the rebel SPLA-in Opposition and their allies who have used child soldiers. The report is based on interviews with 101 child soldiers who were either forcibly recruited... or joined forces to protect themselves and their communities. They said they lived for months without enough food, far away from family, and were thrown into terrifying gun battles in which they were injured and saw friends killed. Children also expressed deep regret that they had lost time they should have spent in school.
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You can download the report in Englisch and French. Summaries available in Arabic, Amharic, Dari, Tigrinya, Pashto
Vol 5 No 27 | ISSN 2039-2117 (online) | ISSN 2039-9340 (print) | The rate of sexual victimization of mentally retarded children is alarming and it goes unnoticed because the perpetrators could be parents, step- parents, relatives, well-respected individuals by family members, neighbours and educator...s. Drawing from labelling theory that the mentally retarded have low IQ, majority of perpetrators tend not to get arrested because of lack of evidence. Research indicates that educators struggle to identify the psychological, behavioural and physical symptoms of sexual abuse owing to their limited training. Having employed systematic review as methodology, this research study found that mentally retarded children are prone to HIV/AIDS, PTSD and feelings of helplessness owing to uninvolvement of parents, dysfunctional communities, poverty and their inability to differentiate between abuse and affection. Based on the findings, the recommendations are that: (1) extensive training for professionals, families and community members be executed to protect children with intellectual disability. Furthermore, the rights of the mentally retarded children must be respected in the court of law when reporting sexual abuse.
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Five years into a conflict that has left 80% of Yemen’s population in need of humanitarian aid, the UN has issued a broad and scathing report detailing violations of international human rights and humanitarian law by all sides in the conflict.
A year of investigations by the Group of Internatio...nal and Regional Eminent Experts on Yemen found a disturbing pattern of violations ranging from arbitrary detention to sexual violence to child recruitment—and “a pervasive lack of accountability” for these violations.
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Non-discrimination disability and ethnic rights
Adopted by the Twenty-sixth Ordinary Session of the Assembly of Heads of State and Government of the OAU, Addis Ababa, Ethiopia - July 1990
The report showed commitments made three decades ago to protect the rights of children remain unfulfilled for millions. Violence still affects countless children. Discrimination based on age, gender, disability, sexual orientation and religion harms children worldwide.
The UN Convention on the Ri...ghts of the Child is the most widely ratified international human rights treaty in history. It has prompted substantial investment in children’s health, education and safety and the adoption of laws and policies that recognise the rights of children, particularly in areas where they are vulnerable, including labour exploitation, corporal punishment, alternative care and forced and early marriage.
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The report showed commitments made three decades ago to protect the rights of children remain unfulfilled for millions. Violence still affects countless children. Discrimination based on age, gender, disability, sexual orientation and religion harms children worldwide.
Key factors include a lack ...of investment in critically important services. Most countries fall well short of spending the 5-6% of GDP needed to ensure universal coverage of essential health care. And foreign aid, which many lower income countries rely on, is falling short in areas such as health, education, protection and child care.
Another factor, the report said, is the lack of quality data. Governments tend to rely on data that reflects national averages, making it difficult to identify the needs of specific children and to monitor progress. Comprehensive data collection and disaggregation of data by gender, age, disability and locality, are increasingly important as rights violations disproportionately affect disadvantaged children.
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It is the policy of the GoR to ensure that children’s rights are met through the provision of basic needs and services for all children in the country, and protect them from abuse and exploitation. Children are defined as persons below the age of 18 years and the ICRP covers children from the time... before their birth until they complete the age of 18 years. The Integrated Child Rights Policy of Rwanda is based on seven key themes: Identity and Nationality; Family and Alternative Care; Survival, Health and Standards of Living; Education; Protection; Justice; and Child Participation.
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This report aims to raise awareness about the role that the reform of public health laws can play in advancing the right to health and in creating the conditions for people to live healthy lives. By encouraging a better understanding of how public health law can be used to improve the health of the ...population, the report aims to encourage and assist governments to reform their public health laws in order to advance the right to health.
The report highlights important issues that may arise during the process of public health law reform. It provides guidance about issues and requirements to be addressed during the process of developing public health laws. It also includes case studies and examples of legislation from a variety of countries to illustrate effective law reform practices and some features of effective public health legislation.
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Society first acknowledges a child’s existence and identity
through birth registration. The right to be recognized as
a person before the law is a critical step in ensuring
lifelong protection and is a prerequisite for exercising all
other rights. A birth certificate is proof of that legal ide...ntity, and is
the basis upon which children can establish a nationality,
avoid the risk of statelessness and seek protection from
violence and exploitation. For example, proof of age is
needed to help prevent child labour, child marriage and
underage recruitment into the armed forces. A birth
certificate may also be required to access social service
systems, including health, education and justice.
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In recognition that Female Genital Mutilation (FGM) is not only a harmful practice but a violation of human rights, Kenya has adopted a robust legal framework. The country has ratified several international legal instruments that have become part of the Kenyan law as provided for in Article 2 of the... constitution.
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KEY MESSAGES
Always talk to a GBV specialist first to understand what GBV services are available in your area. Some services may take the form of hotlines, a mobile app or other remote support.
Be aware of any other available services in your area. Identify services provided by humanitarian pa...rtners such as health, psychosocial support, shelter and non-food items. Consider services provided by communities such as mosques/ churches, women’s groups and Disability Service Organizations.
Remember your role. Provide a listening ear, free of judgment. Provide accurate, up-to-date information on available services. Let the survivor make their own choices. Know what you can and cannot manage. Even without a GBV actor in your area, there may be other partners, such as a child protection or mental health specialist, who can support survivors that require additional attention and support. Ask the survivor for permission before connecting them to anyone else. Do not force the survivor if s/he says no.
Do not proactively identify or seek out GBV survivors. Be available in case someone asks for support.
Remember your mandate. All humanitarian practitioners are mandated to provide non-judgmental and non-discriminatory support to people in need regardless of: gender, sexual orientation, gender identity, marital status, disability status, age, ethnicity/tribe/race/religion, who perpetrated/committed violence, and the situation in which violence was committed. Use a survivor-centered approach by practicing:
Respect: all actions you take are guided by respect for the survivor’s choices, wishes, rights and dignity.
Safety: the safety of the survivor is the number one priority.
Confidentiality: people have the right to choose to whom they will or will not tell their story. Maintaining confidentiality means not sharing any information to anyone.
Non-discrimination: providing equal and fair treatment to anyone in need of support.
If health services exist, always provide information on what is available. Share what you know, and most importantly explain what you do not. Let the survivor decide if s/he wants to access them. Receiving quality medical care within 72 hours can prevent transmission of sexually transmitted infections (STIs), and within 120 hours can prevent unwanted pregnancy.
Provide the opportunity for people with disabilities to communicate to you without the presence of their caregiver, if wished and does not endanger or create tension in that relationship.
If a man or boy is raped it does not mean he is gay or bisexual. Gender-based violence is based on power, not someone’s sexuality.
Sexual and gender minorities are often at increased risk of harm and violence due to their sexual orientation and/or gender identity. Actively listen and seek to support all survivors.
Anyone can commit an act of gender-based violence including a spouse, intimate partner, family member, caregiver, in-law, stranger, parent or someone who is exchanging money or goods for a sexual act.
Anyone can be a survivor of gender-based violence – this includes, but isn’t limited to, people who are married, elderly individuals or people who engage in sex work.
Protect the identity and safety of a survivor. Do not write down, take pictures or verbally share any personal/identifying information about a survivor or their experience, including with your supervisor. Put phones and computers away to avoid concern that a survivor’s voice is being recorded.
Personal/identifying information includes the survivor’s name, perpetrator(s) name, date of birth, registration number, home address, work address, location where their children go to school, the exact time and place the incident took place etc.
Share general, non-identifying information
To your team or sector partners in an effort to make your program safer.
To your support network when seeking self-care and encouragement.
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