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Book part
Publication date: 5 April 2019

Anthony J. O’Tierney, Donncha Kavanagh and Kevin Scally

In this chapter, the authors explore the concept of actorial identity through analysing the construction of legal persons as actors, centred on the argument that there is an…

Abstract

In this chapter, the authors explore the concept of actorial identity through analysing the construction of legal persons as actors, centred on the argument that there is an ontological separation between living men and women and their legal representations. The authors propose an analytical frame based in part on the games studies literature, wherein actorial identities known as ‘Avatars’ are created by performative declarations that articulate Avatars with Players (living persons). The Avatars act within a bounded ‘Matrix’ while being controlled by Players who are outside the Matrix. In applying the frame to the legal Matrix, the authors distinguish between living persons, natural persons and artificial persons, and introduce the concepts of first-order and second-order Avatars. The authors then employ the analytical frame to model the use of legal Avatars by Apple Inc. and illustrate how cryptocurrency technology enables the creation of Avatars that can transact outside legal systems. The frame also helps explain how autonomous systems could acquire actorial identity and then functionally participate in the legal Matrix.

Details

Agents, Actors, Actorhood: Institutional Perspectives on the Nature of Agency, Action, and Authority
Type: Book
ISBN: 978-1-78756-081-9

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Article
Publication date: 31 December 2010

Dawn Chatty

The populations of the Middle East have experienced particularly rapid socio‐economic change over the past 40 years, due largely to the consolidation of the nation‐state after the…

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Abstract

The populations of the Middle East have experienced particularly rapid socio‐economic change over the past 40 years, due largely to the consolidation of the nation‐state after the break‐up of the Ottoman Empire at the close of WWI. The basic social, political and cultural rights of the pastoral populations (the Bedouin) of this region have been largely ignored, however, in part due to their remoteness and inaccessibility, but also because of the very fact of their mobility and physical marginality. With a few exceptions ‐ such as Jordan and Saudi Arabia ‐ cultural differences between the mobile Bedouin and the settled urban and agrarian populations have translated over time into development of discriminated minorities. The Bedouin way of life has come to be regarded as backward and primitive; in some places their very authenticity as part of the nation‐state has been questioned as they fail to ‘Modernise’ at the same pace as surrounding populations. Thus in Lebanon the majority of Bedouin are ‘stateless’ without papers and live beyond the ‘boundaries’ of government services. Their mobile way of life is largely a thing of the past, but their sense of tribal belonging remains strong. Their desire for nationality papers reflects a wish to end their marginalisation and statelessness and be able to access government services.

Details

International Journal of Migration, Health and Social Care, vol. 6 no. 3
Type: Research Article
ISSN: 1747-9894

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Book part
Publication date: 29 June 2023

Pennee Narot

With the increasing number of refugees and asylum seekers in Thailand, the unfamiliar living and educational environments are barriers and challenges for immigrant children in…

Abstract

With the increasing number of refugees and asylum seekers in Thailand, the unfamiliar living and educational environments are barriers and challenges for immigrant children in inclusive schools. This is because schools are not well equipped to respond to the challenges faced by these children and their parents. At the same time, on the students' side, their parents are grappling with unfamiliar educational and social systems, as well as a language barrier. Although inclusion has been defined by the international declaration, The Salamanca Statement on Special Needs Education, 1994, to ensure access to quality education for all children, national inclusion policies are still only slowly incorporating children from different linguistic and ethnic backgrounds. This study is based on VUCA circumstances and aims to find out what the perceptions of teachers and marginalised students are about the future of inclusive education. A case study was used as an approach to obtaining information in a primary school in a province in the Northeastern region of Thailand with a high density of immigrant workers. Results of the study indicate that changes must be made by policymakers, stakeholders, schools and teachers if classrooms with marginalised students can be truly inclusive.

Details

Interdisciplinary Perspectives on Special and Inclusive Education in a Volatile, Uncertain, Complex & Ambiguous (Vuca) World
Type: Book
ISBN: 978-1-80382-529-8

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Book part
Publication date: 14 August 2023

Cosmas Emeziem

Trafficking1 in human beings is gross.2 It constitutes one of the most egregious violations of human rights.3 The vile nature of human trafficking is also hinged on the fact that…

Abstract

Trafficking1 in human beings is gross.2 It constitutes one of the most egregious violations of human rights.3 The vile nature of human trafficking is also hinged on the fact that it commodifies human beings. Hence its categorisation is modern slavery.4 So much of trafficking activities follow the pathways5 of other transnational forms of organised crimes and irregular cross-border movement of people.6 In response to this egregious crime, several international, regional and country laws and instruments have been used or proposed for combatting human trafficking.7 These instruments forbid trafficking in human persons and provide several preventive measures, prosecution of perpetrators and protection of victims of human trafficking.8 The number of state parties to the United Nations Protocol to prevent suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol), demonstrates the global commitment to combatting human trafficking. However, the COVID-19 pandemic and its impact on legal systems, and the capacity of both state and private institutions to combat human trafficking, has added a knotty twist to the global problem of human trafficking. This essay looks at the trends of human trafficking in light of the COVID-19 pandemic. It also highlights international law and policy approaches that state parties and civil society organisations should adopt to counteract the changes and sustain the fight against human trafficking. Thus, the essay contributes to updating the legal and policy approaches to combat human trafficking in this era.

Details

International Migration, COVID-19, and Environmental Sustainability
Type: Book
ISBN: 978-1-80262-536-3

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Article
Publication date: 20 January 2022

Alexandre Augusto Karl and Julia Scholz Karl

Despite global efforts for environmental protection, there is a gap in the literature about the contributions of a sustainable humanitarian supply chain (SHSC) to the promotion of…

Abstract

Purpose

Despite global efforts for environmental protection, there is a gap in the literature about the contributions of a sustainable humanitarian supply chain (SHSC) to the promotion of human rights in refugee settlements. In this context, this study investigates how the generation of sustainability in the humanitarian supply chain (HSC) acts as an instrument for guaranteeing the human rights for refugees.

Design/methodology/approach

A literature review was conducted to identify the state of the art and research challenges as well as an analysis of international law documents related to refugees, international human rights law and environmental protection, and a critical study of sustainable initiatives already taken by international organizations and humanitarian agencies in refugee camps.

Findings

As a result, ensuring human rights in refugee camps is directly related to the development of a SHSC that contributes without deviation to the enjoyment and exercise of human rights by preserving the local environment.

Originality/value

This study offers a literature review and discusses the generation of sustainability in refugee camps and its relationship with human rights protected by rules of international law. Aspects such as the circular humanitarian supply chain are for the first time discussed, introducing the circular economy to refugee settlements.

Details

Journal of Humanitarian Logistics and Supply Chain Management, vol. 12 no. 3
Type: Research Article
ISSN: 2042-6747

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Article
Publication date: 7 February 2020

Proloy Barua and Kanida Charoensri Narattharaksa

Statelessness is the worst possible form of violation of fundamental human rights which can lead to improper health systems management and serious adverse health outcomes in…

Abstract

Purpose

Statelessness is the worst possible form of violation of fundamental human rights which can lead to improper health systems management and serious adverse health outcomes in children. To address this, the Thai Cabinet introduced the Health Insurance for People with Citizenship Problem (HIPCP) in 2010. The purpose of this study is to examine the association between insurance affiliations and the health status of stateless children insured with the HIPCP. The presence of pneumonia was selected as a proxy for health status. The comparison groups were Thai children insured with the Universal Coverage Scheme (UCS) which was launched in 2002 and the uninsured children of low-skilled migrants in Thailand.

Design/methodology/approach

A retrospective study was conducted at four selected district hospitals: Mae Ramat Hospital, Phop Phra Hospital, Tha Song Yang Hospital and Umphang Hospital in Tak Province, located in northwestern Thailand. The study used the medical records of children aged 0-15 years who were admitted to the aforementioned hospitals between January 1, 2013 and December 31, 2017. Multivariate logistic regression model was applied with a binary response variable (ever diagnosed with pneumonia: yes/no). Exposure was three types of insurance status (uninsured, HIPCP and UCS) while covariates were age, sex, domicile and year of hospitalization of children.

Findings

Of 7,098 hospitalized children between 2013 and 2017, 1,313 were identified with pneumonia. After controlling for key covariates, multivariate results depicted that the odds of pneumonia was 4 per cent higher in stateless children insured with the HIPCP as compared with uninsured children but non-significant (adjusted odds ratio [AOR] = 1.040, 95 per cent confidence interval [CI] = [0.526, 2.160], p =0.916). Similarly, the odds of pneumonia was 10 per cent higher in Thai children insured with the UCS as compared with uninsured children but non-significant (AOR = 1.100, 95 per cent CI = [0.594, 2.180], p =0.767). The children who were hospitalized in 2017 were 26 per cent more likely to have pneumonia as compared with those who were hospitalized in 2013 with statistical significance (AOR = 1.260, 95 per cent CI = [1.000, 1.580], p =0.050). Results remained robust after performing sensitivity analyses.

Social implications

This study suggests that health insurance is not associated with the health status of vulnerable children especially in the presence of multiple health interventions for uninsured and/or undocumented children living along the Thai–Myanmar border area. Further experimental studies are warranted to understand the causal relationship between insurance and health outcomes and to overcome the limitations of this observational study.

Originality/value

This study has discovered that age and domicile of children are independently associated with pneumonia. In comparison with the youngest age group (0-1 year), the older age groups presented a significantly lower odds for pneumonia. The children living in Phop Phra, Tha Song Yang and Umphang districts revealed a reduced risk for pneumonia as compared with children living in Mae Ramat district.

Details

International Journal of Human Rights in Healthcare, vol. 13 no. 3
Type: Research Article
ISSN: 2056-4902

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Book part
Publication date: 16 November 2018

Stig Arne Skjerven and Roger Y. Chao

The chapter describes the refugee crisis, its various challenges, and followed by arguments on recognizing refugee qualifications. Key contexts related to refugees including human…

Abstract

The chapter describes the refugee crisis, its various challenges, and followed by arguments on recognizing refugee qualifications. Key contexts related to refugees including human rights (especially to education and work), access and equity in education and the labor force, and refugee integration into host countries. The Norwegian Quality Assurance Agency’s initiatives on the recognition of refugee qualifications and the establishment of a European Passport for Refugees are presented to highlight the importance of increasing refugee access to further education and entry to the labor force through facilitating recognition of their qualifications.

Article
Publication date: 8 November 2022

Saqib Sheikh, Anne J. Gilliland, Philipp Kothe and James Lowry

This article delineates the pilot implementation of the Rohingya Archive (R-Archive). The R-Archive seeks to both confront and exploit the roles of documentation and recordkeeping…

Abstract

Purpose

This article delineates the pilot implementation of the Rohingya Archive (R-Archive). The R-Archive seeks to both confront and exploit the roles of documentation and recordkeeping in forced displacement of Rohingya people through targeted physical and bureaucratic violence in Myanmar. This grassroots activist intervention is located at the intersection of technology, rights, records, jurisdictions and economics. Using Arweave's blockweave, the R-Archive secures copies of records, such as identity documentation, land deeds and personal papers, carried into diaspora by Rohingya refugees against unauthorised alteration, deletion and loss, providing a trust infrastructure for accumulating available evidence in support of rights claims and cultural preservation.

Design/methodology/approach

Iterative development of functional requirements, data collection processes and identification of a technological solution for the community-based, post-custodial, blockchain-inspired R-Archive; design and testing of the R-Archive pilot; and analysis of trust and economic concerns arising.

Findings

A complex set of interconnecting considerations is raised by this use of emerging technologies in service to a vulnerable and diasporic community. Hostile governments and volatile cryptocurrencies are both threats to the distributed post-custodial R-Archive. However, the strength of the community bonds that form the archive and articulated in its records speak to the possibility of perdurance for a global Rohingya archive, and working through the challenges surfaced by its development offers the possibility to serve as a model that might be adaptable for other grassroots archival activist projects initiated by oppressed, marginalised and diasporic communities.

Research limitations/implications

Personal and community safety and accessibility concerns, especially in refugee camps and under Covid-19 restrictions, presented particular challenges to carrying out the research and development that are addressed in the research design and future research plans.

Practical implications

The goal of this pilot was to collect and store examples of a range of documents that demonstrate different aspects of Rohingya culture and links to the homeland as well as those that record formal evidentiary relationships between members of the Rohingya community now in diaspora and the Burmese state (e.g. acknowledgements of citizenship). The pilot was intended to demonstrate the viability of using a blockchain-inspired decentralised archival system combined with a community-driven approach to data collection and then to evaluate the results for potential to scale.

Social implications

The R-Archive is a community-centred and driven effort to identify and preserve, under as secure and trusted conditions as possible, digital copies of documents that are of juridical, cultural and personal value to the Rohingya people and also of significance as primary documentary evidence that might be used by international legal institutions in investigating genocide taking place in Burma and by academic researchers studying the history of Burma.

Originality/value

The R-Archive is novel in terms of its technological application (Arweave), the economic concerns of a vulnerable stateless population it is trying to address, and its functional complexity, in that its goal is simultaneously to serve both legal evidentiary and community archive functions. The R-Archive is also an important addition to other notable efforts in the diasporic Rohingya community that have attempted to employ the tools of technology for cultural preservation.

Details

Journal of Documentation, vol. 79 no. 4
Type: Research Article
ISSN: 0022-0418

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Book part
Publication date: 15 January 2013

Hamsa M. Murthy

Drawing on the work of Hannah Arendt, this essay seeks to show (illegal) alienage in U.S. law in new lights. First, this essay demonstrates how the emergence of a positive law of…

Abstract

Drawing on the work of Hannah Arendt, this essay seeks to show (illegal) alienage in U.S. law in new lights. First, this essay demonstrates how the emergence of a positive law of citizenship, through which the U.S. Supreme Court affirmed the importance of citizenship for rights, is a relatively recent and historically contingent development in U.S. law. Second, this essay shows how the concept of “sovereignty” plays different roles in the U.S. positive law of citizenship and (illegal) alienage. This essay seeks also to evaluate the limits and possibilities of alternatives to “sovereignty” as grounds for the rights of noncitizens in the United States. And it seeks to make the point that the apolitical valences of “territoriality” and “social productivity” vis-à-vis “sovereignty” in U.S. law render illegal alienage in particular misleadingly outside the realm of the political. Ultimately, this essay seeks also to challenge understandings of “sovereignty” in political theory by integrating law and political theory, and to recast legal discourse on illegal alienage by turning attention to “sovereignty.”

Details

Special Issue: Who Belongs? Immigration, Citizenship, and the Constitution of Legality
Type: Book
ISBN: 978-1-78190-432-9

Book part
Publication date: 16 November 2018

Enakshi Sengupta and Patrick Blessinger

This chapter highlights the plight of refugees and the strategies and policies crafted by international agencies and non-governmental institutions in providing better access to…

Abstract

This chapter highlights the plight of refugees and the strategies and policies crafted by international agencies and non-governmental institutions in providing better access to education especially for refugee children. The chapter explores some of the key terminologies that distinguish refugees from asylum seekers and internally displaced person. The terminologies are significant as the opportunities and facilities handed out differ significantly depending on their status. The chapter then talks about some of the policies toward imparting education and the school- and system-level factors responsible for accessing education. The last section of the chapter summarizes the overview of various chapters that will feature in this volume, talking about cases and interventions from Malawi to Australia.

Details

Strategies, Policies, and Directions for Refugee Education
Type: Book
ISBN: 978-1-78714-798-0

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1 – 10 of 357