Syllabus
Class 1
Course Introduction, International Institutional Responses to the Refugee Problem
Basic concepts of migration. Short history and causes of flight. Refugee definition in international instruments.
Class 2
The Nature of Refugee Status Determination
Three core elements of refugee status determination. General principles and approaches to refugee status determination. Key principles in the interpretation of the 1951 Convention.
Class 3
Analysis of the 1951 Convention
Refugee Definition - Inclusion Clauses
Alienage as ?sine qua non? condition. Illegal entry to asylum state. Problem of multiple nationality and statelessness. Refugees ?sur place?. Subjective fear of persecution. Objective assessment of risk: prospective danger, past persecution, harm to similarly situated persons, contradictions with applicant?s testimony. Membership in a persecuted group as assessment of personal fear. Case study.
Class 4
Analysis of the 1951 Convention
Refugee Definition - Inclusion Clauses (Continued)
Persecution: risk to civil and political rights, economic and social rights: persecution distinguished from hardship, failure of state protection, agents of persecution. Nexus to civil or political status: race, citizenship, religion, political opinion, membership of particular social group. Case study.
Class 5
Analysis of the 1951 Convention
Refugee Definition - Exclusion Clauses
UN Protection. De facto citizenship. Crimes against peace and humanity. Serious non-political crimes. Acts contrary to UN aims and principles. Case study.
Class 6
Analysis of the 1951 Convention
Refugee Definition - Cessation Clauses
Re-availment of national protection. Re-acquisition of citizenship. Acquisition of new nationality. Voluntary re-establishment in the country of persecution. Changing of circumstances. Case study.
Class 7
Interviewing Techniques
Basic techniques. Using an interpreter. Case study.
Class 8
Regional Instruments Concerning Refugees
OAU Convention. American Conventions on Asylum of 1954. Cartagena Declaration on Refugees of 1984. European Convention on Human Rights (articles relevant to refugees).
Class 9
European Instruments Concerning Refugees
Resolution on Minimum Guarantees for Asylum Seekers. London Resolutions. Joint Position on the Harmonized Application of the Refugee Definition on the Term Refugee in Article 1. Council Resolution on Unaccompanied Third Country Minors. Dublin Convention. Common European Asylum System.
Class 10
National Legislation Related to Refugees
Legal protection of refugees according to national legislation. Comparative study of national legislation and international instruments.
Class 11
Protection Beyond the Geneva Convention
Constructing a de facto right of asylum from international human rights instruments. The Non-Refoulement Principle. Temporary Protection. Subsidiary Protection.
Class 12
UNHCR's Mandate and Its Activities
Visit to the UNHCR office in Prague.
Annotation
When men, women and children flee their countries to escape persecution, they often have to rely on foreign authorities which are supposed to determine whether they meet the legal definition of a refugee in order to avoid being forced to return home.
In this course, students will investigate forced migration as a social phenomenon in legal context. Students will learn and practice applying the refugee definition in a range of cases. Main emphasis will be put on the interpretation of the UN Convention Relating to the Status of Refugees and to the most recent developments of the EU. Students will develop their interviewing and advocacy skills, write submissions, assess credibility of evidence and work with related documents. In general, the students will gain insight into the application of legal standards for determining the status of refugee applicants.