Protection from Refuge
From Refugee Rights to Migration Management

The first global and comparative study of litigation in which refugees seek protection from a place of ostensible 'refuge'.

Kate Ogg (Author)

9781316519738, Cambridge University Press

Hardback, published 24 March 2022

300 pages
25 x 17.5 x 1.8 cm, 0.56 kg

'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

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.

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.

Subject Areas: Human rights & civil liberties law [LNDC], International human rights law [LBBR], Human rights [JPVH], Political science & theory [JPA]