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| Specific
Instruments |
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Clandestine immigration and the fight against traffickers (Council of Europe Parliamentary Assembly Recommendation 1467 (2000))
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| Date of adoption:
29/6/2000 |
Entry into
force:
- |
| System of protection:
Council of Europe |
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| General
Instruments |
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Universal Declaration of Human Rights (UDHR) |
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| Date of adoption:
10/12/1948 |
Entry into
force:
- |
| System of protection:
Universal |
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| Articles |
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La Cour européenne des droits de l'homme de plus en plus compréhensive à l'égard des mesures d'éloignement des étrangers délinquants |
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|
Michel LEVINET |
| Latest update:
23/06/2003 |
First published:
2000 |
| Reference:
Rev. trim. dr. h., 2000, pp. 301-313 |
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Evolution of the ECHR's case-law regarding the protection of private and family life of foreigners towards their deportation - test of proportionality - case-law unconsistent, yielding to casuistry. |
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Harmonisation of asylum law and policy within the European Union: a human rights perspective |
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Hannah GARRY |
| Latest update:
23/06/2003 |
First published:
2002 |
| Reference:
Netherlands Quarterly of Human Rights, vol. 20 (2002) no. 2 (p. 163 - 184) |
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The article deals with the harmonisation of European asylum policy which lies within the goal of greater economic and political intergration. Focus is placed on the human rights problems the harmonisation may bring. |
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Selon que vous serez marié ou misérable... éloignement des étrangers délinquants: le mariage, une meilleure garantie que l'intégration contre la "double peine" ? |
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Hanspeter MOCK |
| Latest update:
03/06/2003 |
First published:
2002 |
| Reference:
Rev. trim. dr. h., 2002, pp. 483-493 |
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In its decision Boultif, the ECHR seems to consider that the wedding of a foreigner constitutes an obstacle to her/his deportation. The author advocates that any kind of private or affective life should be more clearly protected, whatever its status. |
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Le maintien du lien familial des étrangers |
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Joël ANDRIANTZIMBAZOVINA |
| Latest update:
28/05/2003 |
First published:
2002 |
| Reference:
Le droit au respect de la vie familiale au sens de la CEDH, Bruylant, 2002,pp. 211-239 |
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A balanced overview of the somewhat tentative or contradictory case-law of the European court of human rights concerning the conflict between the right to respect for private and family life and the deportation of foreigners. |
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La "construction" par le juge européen du droit au respect de la vie familiale |
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|
Frédéric SUDRE |
| Latest update:
28/05/2003 |
First published:
2002 |
| Reference:
Le droit au respect de la vie familiale au sens de la CEDH, Bruylant, 2002, pp. 11-59 |
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In their concern of effectiveness and development of the rights guaranteed by the ECHR, the european judges have largely extended the concept of family life (art. 8 ECHR), maybe "sacrificing rigour for efficiency". |
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| Websites |
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Eurasylum |
| Languages:
English |
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The top navigation bar offers good links to national migration authorities - journals on refugee law - policy and offical documents -practical information and resources for determining asylum seeker status -statistics. |
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Marangopoulos Foundation for Human Rights |
| Languages:
English Greek |
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Research, study, defense, protection and promotion of the generally recognized fundamental human rights and freedoms - List of publications - Events - News on human rights - Reports -Jurisprudence - Legislation |
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Human Rights Monitor : Human Rights News From Around the Globe |
| Languages:
English |
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The primary goal of this site is to compile news articles and commentaries that address issues of human rights from news sources throughout the world.
People and organizations (human rights actors) - Discussions - links to web sites. |
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CATW: Coalition Against Trafficking in Women |
| Languages:
English |
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Library offers a limited number of Statements, Resolutions, International agreements, Legislation, Reports, Articles, Speeches, CATW Coalition Reports and Links. |
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| Selected
Case Law |
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Union Inter Africaine des Droits de l'Homme and 4 other NGOs v. Angola |
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| Date:
11/11/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 159/96, in Annex II (Communications) to the Eleventh Annual Activity Report of the African Commission on Human and Peoples' Rights, 1997-1998 (ACHPR/RPT/11th). |
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Illegal expulsions of aliens, including mass expulsions - Violation of Article 2 (Non-discrimination), 7 para. 1a (Due process), 12 paras. 4 and 5 (Prohibition of illegal and mass expulsions), 14 (Right to Property), 18 (Protection of the family). |
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Rencontre Africaine pour la Défense des Droits de l'Homme v. Zambia |
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| Date:
10/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 71/92, in Annex X (Communications) to the Tenth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1996-1997 (ACHPR/RPT/10th). |
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Mass deportations - Local remedies not available - Violation of Articles 2 (enjoyment of rights without distinction), 7.1(a) (right to appeal), and 12(5) (prohibition of mass expulsion of non-nationals). |
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Yilmaz v. Germany |
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| Date:
17/4/2003 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 17 April 2003, no 52853/99 |
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expulsion of criminal legal alien resident - family and son stay - defense of public order - legitimate measure - unlimited prohibition of reentry - violation of article 8 |
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Mehemi v. France |
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| Date:
10/4/2003 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 10 April 2003, no 53470/99 |
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sequel of ECHR,Mehemi v. France 1997 - residence granted only with certain restrictions - exclusion order remained, without legal effect - ECHR judgment admissibly executed - freedom of movement - forfeiture of rights from art.2 of Protocol no.4 |
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Jakupovic v. Austria |
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| Date:
6/2/2003 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 6 February 2003, no. 36757/97 |
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expulsion of young foreign criminal - only relatives in Austria - criminal record not sufficiently weightly to support residence prohibition - violation of article 8 |
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Yildiz v. Austria |
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| Date:
31/10/2002 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 31 October 2002, no. 37295/97 |
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residence ban as consequence of several offences of minor nature - insufficient consideration of family situation - violation of art.8 - no damages awarded |
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Amrollahi v. Denmark |
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| Date:
11/7/2002 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 11 July 2002, no. 56811/00 |
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expulsion for drug trafficking - danish wife and children cannot be expected to follow to Iran - right to respect for family life - violation of art.8 |
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Cisse v. France |
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| Date:
9/4/2002 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 9 April 2002, no. 51346/99 |
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peaceful occupation of church by group of aliens - hunger strike - evacuation by police after 2 months - freedom of assembly - prevention of disorder - no violation of art. 11 ECHR |
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Conka v. Belgium |
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| Date:
5/2/2002 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 5 February 2002,. n° 51564/99. |
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Foreigners on an illegal stay - Arrested on a false motive in order to deport - Violations of Art. 5 - Collective deportation - Violation of Art. 4, Protocol 4 - Remedy before the Council of State had no suspensive effect - Violation of Art. 13. |
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Chahal v. the United Kingdom |
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| Date:
5/11/1996 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 15 November 1996, Recueil 1996-V. n° 70/1995/576/662 |
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Deportation - Assessment of the risk of being subjected to ill treatment - Deportation motivated by the requirements of national security - Individual engaged in undesirable or dangerous activities - Absolute character of Article 3 ECHR. |
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C. v. Belgium |
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| Date:
7/9/1996 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 7 September 1996, Recueil 1996-III. n° 35/1995/541/627. |
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Deportation - Article 8 ECHR: tie between a parent and child despite absence of cohabitation, and real social ties - Real links with the host country and the country of origin - Seriousness of offences: drug trafficking - No violation. |
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Gül v. Switzerland |
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| Date:
19/2/1996 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 19 February 1996, Reports 1996-I, n° 53/1995/559/645. |
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Family reunification - Refusal to allow parents to be joined by their minor child - Right of states to control the entry of non-nationals - Possibility to carry on with family life in the country of origin - No violation of Article 8. |
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Beldjoudi v. France |
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| Date:
26/3/1992 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 26 March 1992, A234-A. no. 55/1990/246/317. |
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Expulsion of a non-national following several criminal sentences - Absence of links with the country of origin - Marriage to a national of the host country - Expulsion threatens family life - Violation of Article 8. |
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Vilvarajah and Others v. the United Kingdom |
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| Date:
30/10/1991 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 30 December 1991, Series A, vol. 215 |
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Risk of ill-treatment in case of forced return - Articles 3 and 13 ECHR - Right to a remedy at national level enabling a national authority both to deal with the substance of the relevant Convention complaint and to grant appropriate relief. |
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Moustaquim v. Belgium |
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| Date:
18/2/1991 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 18 February 1991, A-193, n° 26/1989/186/246. |
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Expulsion of a foreigner, for reasons of public order (criminal past) - Crimes going back to adolescence - Family integrated in the host country, having lived there for 20 years - Little link with the country of origin - Violation of Article 8. |
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Soering v. United Kingdom |
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| Date:
7/7/1989 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 7 July 1989, Series A vol. 161 |
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Article 3 ECHR - Extradition - Substantial grounds for believing that the person concerned faces a real risk of being subjected to torture or to inhuman or degrading treatment or punishment - Death penalty and death row phenomenon (USA). |
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OC18/03 Legal status and rights of the illegal migrant workers |
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| Date:
17/9/2003 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
OC18/03 |
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Migrant workers - Jus cogens and human rights - Obligations Erga Omnes. |
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| Case Law
Websites |
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Council of Europe - Human Rights Web |
| Languages:
English French |
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Search the case-law of the European Convention on Human Rights control bodies. |
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Legislationline |
| Languages:
English |
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Compiles international texts and domestic legislation in the OSCE region dealing with the rule of law and the protection of human rights and fundamental freedoms. Accessible by topic, country, or through the search engine. |
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| Reports |
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For the Record 2001: The European Human Rights System |
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Human Rights Internet & Netherlands Institute of Human Rights / Internet des droits humains et l' Institut néerlandais des droits de l'homme |
Date:
2001 |
| Reference:
- |
| Source:
Human Rights Internet & Netherlands Institute of Human Rights |
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A review of the major human rights developments in the European human rights system (within the Council of Europe). Organized thematically and by country. Focuses on developments in the scope of: European Convention on Human Rights; European Social Charter; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment and its protocols; Framework Convention for the Protection of National Minorities; and the European Commission against Racism and Intolerance.
A major distinguishing feature of FTR Europe is that it contains summaries of human rights case law. |
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Human Rights of Migrants |
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|
Gabriela Rodriguez Pizarro - RS |
Date:
6/1/2000 |
| Reference:
E/CN.4/2000/82 |
| Source:
UN Special Rapporteur |
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Activities and observations |
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The Rights of Migrant Workers |
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HCDH / OHCHR |
Date:
inconnue |
| Reference:
Fact Sheet No.24 |
| Source:
Office of the United Nations High Commissioner for Human Rights |
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The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva. |
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| Books |
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L'émergence d'une politique européenne d'asile |
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C. Dias Urbanos de Sousa, Ph. De Bruycker Ed. |
| Reference:
Bruxelles, Faculté de droit de l'ULB, Bruylant, 2004 |
| Languages:
English French |
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A collection of studies on the emergence of a European asylum policy, which results from the implementation of the Amsterdam Treaty. Completes the Odysseus network's first book on the emergence of a European policy migration (Bruylant, 2003). |
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Cinquantième anniversaire de la Convention européenne des droits de l'homme |
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C. Teitgen-Colly Ed. - Catherine TEITGEN-COLLY |
| Reference:
Bruxelles, Droit & Justice 33, Nemesis - Bruylant, 2002 |
| Languages:
French |
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Conference(2000)
I. Origins of the ECHR
II. Influence of the ECHR
(recent democraties, futur)
III. Case-law (access to law, fair trial, freedom of speech, foreigners, relations between private persons)
IV. French judges and the ECHR |
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Le droit au respect de la vie familiale au sens de la Convention européenne des droits de l'homme |
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F. Sudre Ed. - Frédéric SUDRE |
| Reference:
Bruxelles, Droit & Justice, Bruylant, 2002 |
| Languages:
French |
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Records of March 2002 colloquium constituting an impressive overall 3-chapter analysis of the construction by the european judge of the right to respect for private and family life (definition of private and family life, its exercice, and equality). |
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Les mesures relatives aux étrangers à l'épreuve de la Convention européenne des droits de l'homme |
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P. Lambert, C. Pettiti Ed. |
| Reference:
Bruxelles, Droit & Justice, Bruylant, 2003 |
| Languages:
French |
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Collected papers from a 2003 seminar dedicated to the European Court of Human Rights' case-law related to the various situations that non-national foreigners are confronted with (non admission, asylum, deportation, "double punishment"). |
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| Periodicals |
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Actualité et Droit International |
|
| Reference:
|
| Contact:
despretz@ridi.org |
http://www.ridi.org/adi/ |
| Languages:
French |
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E-journal of international news legal analysis.
Articles (archive from 1998, quick search), chronicles and cases, discussions, international news, announcements. Useful links. |
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Droits Fondamentaux |
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| Reference:
Paris, |
| Contact:
despretz@toile.org |
http://www.droits-fondamentaux.org/ |
| Languages:
French |
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First electronic journal in French on Fundamental Rights. |
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| Human Rights
Actors |
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Human Rights and Human Diversity Initiative (University of Nebraska-Lincoln) () |
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http://www.unl.edu/HumanR/index.html |
Type:Research / Education |
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Goal: to examine issues related to human rights in an international perspective. Relationship between cultural diversity and human rights. Universality of HR. Minorities: refugees, voluntary migrants, and indigenous peoples. Human rights protectors. |
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Institute for Migration and Ethnic Studies (University of Amsterdam) (IMES) |
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http://www.pscw.uva.nl/imes/ |
Type:Research / Education |
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An interdisciplinary research institute of the University of Amsterdam. The research programme of IMES focuses on the Dutch case with specific attention given to the City of Amsterdam, but from an international and comparative perspective. |
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International Center for Migration, Ethnicity and Citizenship (ICMEC) |
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http://www.newschool.edu/icmec/ |
Type:Research / Education |
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Scholarly research and public policy analysis bearing on international migration, refugees, and the incorporation of newcomers. Causes of large international migrations and refugee flows, Patterns of demographic change and policies, etc.... |
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International Movement against All forms of Discrimination and Racism (IMADR) |
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http://www.imadr.org/ |
Type:NGO (Non-Governmental Organization) |
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An international non-profit, human rights NGO devoted to eliminating all forms of discrimination around the world, forging international solidarity among discriminated minorities and advancing the international regime of human rights. |
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International Organization for Migration (IOM) |
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http://www.iom.int/ |
Type:International or Regional Organization |
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Acts to: assist in meeting the growing operational challenges of migration management - Advance understanding of migration issues - Encourage social and economic development through migration - Uphold the human dignity and well-being of migrants. |
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Migration Policy Group (MPG) |
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http://www.migpolgroup.com/ |
Type:NGO (Non-Governmental Organization) |
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An independent organisation committed to policy development on mobility, migration, diversity, equality and anti-discrimination. Facilitates exchanges between stakeholders from all sectors, to help respond to challenges of migration and diversity. |
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OSCE Office of Democratic Institutions and Human Rights (ODIHR (OSCE)) |
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http://www.osce.org/odihr |
Type:International or Regional Organization |
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Carries out projects, policy, publications and monitoring missions in the areas of human rights and democratization, minorities, institution-building, election observation, and more. |
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Refugee Studies Centre (RSC) |
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http://www.qeh.ox.ac.uk/rsp/indexrsp.html |
Type:Research / Education |
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Multidisciplinary research and teaching on the causes and consequences of forced migration; disseminates the results of that research to policy makers, practitioners, and the academic community; tries to understand the experience of forced migration. |
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Special Rapporteur of the Commission on Human Rights on the human rights of migrants () |
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http://www.unhchr.ch/html/menu2/7/b/mmig.htm |
Type:United Nations System |
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Mandate established in 1999, by E/CN.4/RES/1999/44 of 26 April 1999. |
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