- Title
- Extending a Collective Human Right to Address a Global Challenge: Self-Determination for Refugees, Asylum Seekers and Internally Displaced Persons
- Creator
- Maguire, Amy; Elton, Amy
- Relation
- Australian International Law Journal Vol. 25, p. 227-243
- Relation
- https://search.informit.org/doi/10.3316/agispt.20200930037501
- Publisher
- International Law Association
- Resource Type
- journal article
- Date
- 2018
- Description
- Forced human displacement is a significant challenge for global society, with 68.5 million people displaced by conflict or persecution at the end of 2017. This challenge is both massive in scale and highly complex, with the human experience of displacement varying globally for refugees, asylum seekers and stateless people. Nation States are increasingly adopting securitised responses to large-scale human movement that prioritise territorial integrity and border regulation over human rights and wellbeing. No existing international legal mechanism enables forcibly displaced people to interact productively with States or international organisations. This article grapples with the development of international law in this highly challenging context. It focuses particularly on the collective human right of self-determination, which was most frequently engaged during the decolonisation era. We question whether the right of self-determination should be extrapolated from its historical context to enable forcibly displaced people to communicate their aspirations. This proposal sees merit in countering State-centric discourses in international law with the lived experiences of some of the world's most vulnerable populations; in particular refugees, asylum seekers and stateless persons. As a founding principle of the international human rights framework, can self-determination be deployed to generate more durable and humane responses to forced displacement?
- Subject
- human rights; refugees; self-determination; asylum
- Identifier
- http://hdl.handle.net/1959.13/1477189
- Identifier
- uon:49934
- Identifier
- ISSN:1325-5029
- Language
- eng
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