Protection from Refuge
Protection from Refuge
The places in which refugees seek sanctuary are often as dangerous and bleak as the conditions they fled. In response, many travel within and across borders in search of safety. As part of these journeys, refugees are increasingly turning to courts to ask for protection, not from persecution in their homeland, but from a place of 'refuge'. This book is the first global and comparative study of 'protection from refuge' litigation, examining whether courts facilitate or hamper refugee journeys with a particular focus on gender. Drawing on jurisprudence from Africa, Europe, North America and Oceania, Kate Ogg shows that courts have transitioned from adopting robust ideas of refuge to rudimentary ones. This trajectory indicates that courts can play a powerful role in creating more just and equitable refugee protection policies, but have, ultimately, compounded the difficulties inherent in finding sanctuary, perpetuating global inequities in refugee responsibility and rendering refuge elusive.
- Provides the first global and comparative study of 'protection from refuge' jurisprudence, a burgeoning field of litigation
- Canvasses ideas of refuge from multiple disciplines including law, anthropology, political science, international relations, economics, philosophy, sociology, geography and psychology
- Breaks new ground by examining the protection from refuge phenomenon with reference to considerations of gender
Reviews & endorsements
‘Protection from Refuge is a masterful study of litigation in refugees' journeys, vividly illustrating how demands for sanctuary inevitably reach well beyond mere survival. In doing so, Ogg's insightful contribution provides a critical rejoinder to recent pessimism about law in countering border violence. Her sophisticated work will therefore prove crucial both for theoretical scholars and for strategic practitioners.' Itamar Mann, Professor of Law, University of Haifa
‘Kate Ogg’s fascinating book opens our eyes to the challenges faced by refugees within countries of purported refuge, as their attempts to secure protection are thwarted in both a physical and a legal sense. It is a compelling and original contribution to refugee law scholarship.' Jane McAdam, Scientia Professor of Law, UNSW Law & Justice
'Challenging orthodox thinking, Ogg provides a unique study of the role played by different national courts along refugees’ often precarious journeys. The rich material covered will make this volume indispensable to anyone working on accountability for refugee rights violations. Drawing on theory and concepts from a wide range of other disciplines Ogg further makes an important contribution to our understanding of the concept ‘refuge'.' Thomas Gammeltoft-Hansen, Professor WSR in Migration and Refugee Law, University of Copenhagen
'Foregrounding the lived experiences of refugees, particularly women and girls, this readable and meticulously researched book explores judicial relief from places of ‘refuge’ such as refugee camps or so-called ‘safe third countries’. The book is essential reading for policymakers, judges and other decision-makers, scholars and all who care about meaningful refugee protection.' Penelope Mathew, Dean of Law, Auckland Law School
Product details
March 2022Hardback
9781316519738
300 pages
250 × 175 × 18 mm
0.56kg
Available
Table of Contents
- 1. Journeys in search of refuge
- 2. Refuge as a concept and place
- 3. Using human and refugee rights to resist encampment
- 4. Using human rights law to travel in search of refuge in Europe
- 5. Direct challenges to regional containment instruments
- 6. Seeking refuge as a Palestinian refugee
- 7. Resisting the prospect of refuge in an IDP camp
- 8. Elusive refuge
- Index.
