Local resistance to outlawing sanctuary in Texas: changing forms of US migratory governance in the protection of undocumented migrants' rights

2021 ◽  
pp. 129-160
Author(s):  
Benjamin Bruce
Author(s):  
Anastasiia Sorokina ◽  
◽  
Vasyl Demchenko ◽  
Syuzanna Asiryan ◽  
◽  
...  

The article is devoted to the analysis of the role of the European Court of Human Rights as an instrument of protection of the rights of migrants. Based on the research of its practice the conclusion that the Court is an effective instrument of protection migrants' rights was done. The essential attention was paid to detection of the definition «a migrant». Migrant is a person who moves from one place, region or country to another one, and who has right to apply to the Court. Authors identified three kinds of migrants: official migrants, undocumented migrants and migrants who need help, and a typical list of violated rights of each of them. It was found that a group of official migrants mainly suffers from violations of such rights and freedoms as freedom of thought, conscience and religion (article 9), freedom of express (article 10), right to education (article 2 Protocol No.1) and prohibition of discrimination (article 14). Undocumented migrants are usually subjected to violations of right to liberty and security (article 5), prohibition of torture (article 3), prohibition of collective expulsion of aliens (article 4 Protocol No.4). Freedom of movement (article 2 Protocol No.4), right to liberty and security (article 5) are ones violated the most of migrants who need help. Considered and analyzed certain decisions of the ECtHR, where the Court points to violations of the above-mentioned rights. It was acknowledged that during the functioning of the Court, the practice in such cases has changed, and now is going to be described as stable and sustainable. Significant attention is devoted to the conditions of admissibility which an application to the Court must meet. Especially the authors pay attention on notion of victim as a person who has right to apply to the Court that gave an opportunity to detect the definition, the types of it and cases of granting the «victim» status based upon the practice of the Court


2016 ◽  
Vol 10 (1) ◽  
pp. 183-198
Author(s):  
Gloria McGillen ◽  
Sriya Bhattacharyya ◽  
M. Brinton Lykes

This article presents the English for Speakers of Other Languages (ESOL) Know Your Rights Tool Kit, a popular education resource developed collaboratively by action researchers, ESOL instructors, and undocumented migrant adults. The tool kit draws on migrant learners’ commitments to learning English while facilitating their developing knowledge of human and legal rights literacy information. The article situates resources engaged in ESOL classrooms within a psychopolitical educational framework (Prilleltensky, 2008) and discusses the tool kit’s contributions towards bolstering these resources. It concludes with next steps for the tool kit, focusing upon its potential to foster action and advocacy within migrant communities.


2020 ◽  
Vol 6 (5) ◽  
pp. 563-576

The goal of this article is to examine the introduction of plantations into East Sumatra (Indonesia) in the late nineteenth and early twentieth century. Attention is given to the five most important plantation crops, namely tobacco, rubber, oil palm, tea, and fiber. The article analyzes the economic and social transformation of the region as a consequence of the rapid expansion of plantations. Within a short period of time, East Sumatra emerged to become one of the most dynamic economic regions of Southeast Asia. The development of the region and the needs of a source of protection for Dutch planters in face of fierce competition from other Western companies and local resistance encouraged the Dutch colonial government to establish effective authority in East Sumatra. Received 4th June 2020; Revised 15th September 2020; Accepted 26th September 2020


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Julien Fakhoury ◽  
Claudine Burton-Jeangros ◽  
Idris Guessous ◽  
Liala Consoli ◽  
Aline Duvoisin ◽  
...  

Abstract Background In Europe, knowledge about the social determinants of health among undocumented migrants is scarce. The canton of Geneva, Switzerland, implemented in 2017–2018 a pilot public policy aiming at regularizing undocumented migrants. We sought to test for associations between self-rated health, proven eligibility for residence status regularization and social and economic integration. Methods This paper reports data from the first wave of the Parchemins Study, a prospective study whose aim is to investigate the effect of residence status regularization on undocumented migrants’ living conditions and health. The convenience sample included undocumented migrants living in Geneva for at least 3 years. We categorized them into those who were in the process of receiving or had just been granted a residence permit (eligible or newly regularized) and those who had not applied or were ineligible for regularization (undocumented). We conducted multivariate regression analyses to determine factors associated with better self-rated health, i.e., with excellent/very good vs. good/fair/poor self-rated health. Among these factors, measures of integration, social support and economic resources were included. Results Of the 437 participants, 202 (46%) belonged to the eligible or newly regularized group. This group reported better health more frequently than the undocumented group (44.6% versus 28.9%, p-value < .001), but the association was no longer significant after adjustment for social support and economic factors (odds ratio (OR): 1.12; 95% confidence interval (CI): 0.67–1.87). Overall, better health was associated with larger social networks (OR: 1.66; 95% CI: 1.04–2.64). This association remained significant even after adjusting for health-related variables. Conclusion At the onset of the regularization program, access to regularization was not associated with better self-rated health. Policies aiming at favouring undocumented migrants’ inclusion and engagement in social networks may promote better health. Future research should investigate long-term effects of residence status regularization on self-rated health.


BMJ Open ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. e045626
Author(s):  
Megi Gogishvili ◽  
Sergio A Costa ◽  
Karen Flórez ◽  
Terry T Huang

BackgroundIn 2012, the Government of Spain enacted Royal Decree-Law (RDL) 16/2012 and Royal Decree (RD) 1192/2012 excluding undocumented immigrants from publicly funded healthcare services. We conducted a policy implementation analysis to describe and evaluate the legal and regulatory actions taken at the autonomous community (AC) level after enactment of 2012 RDL and RD and their impact on access to general healthcare and HIV services among undocumented immigrants.MethodsWe reviewed documents published by the governments of seven ACs (Andalucía, Aragón, Euskadi (Basque Country), Castilla-La Mancha, Galicia, Madrid, Valencia) from April 2012 to July 2018, describing circumstances under which undocumented immigrants would be able to access free healthcare services. We developed indicators according to the main systemic barriers presented in official documents to analyse access to free healthcare across the participating ACs. ACs were grouped under five access categories: high, medium-high, medium, medium-low and low.ResultsAndalucía provided the highest access to free healthcare for undocumented immigrants in both general care and HIV treatment. Medium-high access was provided by Euskadi and medium access by Aragón, Madrid and Valencia. Castilla-La Mancha provided medium-low access. Galicia had low access. Only Madrid and Galicia provided different and higher level of access to undocumented migrants in HIV care compared with general healthcare.ConclusionsImplementation of 2012 RDL and RD across the ACs varied significantly, in part due to the decentralisation of the Spanish healthcare system. The challenge of healthcare access among undocumented immigrants included persistent systemic restrictions, frequent and unclear rule changes, and the need to navigate differences across ACs of Spain.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Julien Fakhoury ◽  
Claudine Burton-Jeangros ◽  
Liala Consoli ◽  
Aline Duvoisin ◽  
Delphine Courvoisier ◽  
...  

Abstract Background Undocumented migrants live and work in precarious conditions. Few studies have explored the mental health consequences of such environment. The objective of this study is to describe the mental health of migrants at different stages of a regularization program. Methods This cross-sectional study included migrants undocumented or in the process of regularization. We screened for symptoms of anxiety, depression and sleep disturbance using validated tools. We created a composite outcome of altered mental health including these components plus self-report of a recent diagnosis of mental health condition by a health professional. Results We enrolled 456 participants of whom 246 (53.9%) were undocumented. They were predominantly women (71.9%) with a median age of 43.3 (interquartile range: 15.5) years, from Latin America (63.6%) or Asia (20.2%) who had lived in Switzerland for 12 (IQR: 7) years. Overall, 57.2% presented symptoms of altered mental health. Prevalence of symptoms of anxiety, depression and sleep disturbance were 36% (95% confidence interval: 31.6–40.6%), 45.4% (95% CI: 40.8–50.1%) and 23% (95% CI: 19.2–27.2), respectively. Younger age (adjusted odd ratio: 0.7; 95% CI: 0.5–0.9 for each additional decade), social isolation (aOR: 2.4; 95% CI: 1.4–4.2), exposure to abuse (aOR: 1.9; 95% CI: 1.1–3.5), financial instability (aOR: 2.2; 95% CI: 1.4–3.7) and multi-morbidity (aOR: 3.2; 95% CI: 1.7–6.5) were associated with increased risk of having altered mental health while being in the early stages of the process of regularization had no effect (aOR: 1.3: 95% CI: 0.8–2.2). Conclusions This study highlights the need for multi-pronged social and health interventions addressing the various domains of undocumented migrants living difficulties as complement to legal status regularization policies. Protection against unfair working conditions and abuse, access to adequate housing, promoting social integration and preventive interventions to tackle the early occurrence of chronic diseases may all contribute to reduce the burden of altered mental health in this group. More research is needed to assess the long-term impact of legal status regularization on mental health.


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