Protecting recognized Geneva Convention refugees outside their states of asylum

This article highlights the predicament of persons recognized as refugees according to the Convention Relating to the Status of Refugees (CSR1951 refugees) when they travel outside their state of asylum. Their status entails ipso facto that, if they are ill-treated abroad, they cannot turn to representatives of their state of nationality and request its diplomatic protection, nor can they expect to receive its consular assistance. It is submitted that a state of asylum ought to extend the scope of protection that it offers CSR1951 refugees residing in its territory, and provide them diplomatic protection and consular assistance when they travel abroad as if they were its nationals. Four claims are advanced in support of this contention: First: the advent of human rights treaties has not rendered obsolete the protection of nationals abroad nor has the practice fallen into disuse. On the contrary, protection abroad retains its pedigree and significance, as is illustrated by the recently adopted International Law Commission's Draft Articles on Diplomatic Protection and by frequent resort to consular assistance. Second: while states previously enjoyed unfettered discretion concerning whether and when to protect their nationals abroad, recent developments in domestic jurisdictions as well as in European Union (EU) treaties point to the potential emergence of a qualified duty to exercise state protection or to be willing to provide justifications for its refusal. These developments call particular attention to the vulnerability of CSR1951 refugees: the professed aim of the EU treaty regime is that EU citizens should enjoy effective state protection wherever they travel; by contrast, CSR1951 refugees are in need of state protection wherever they travel. Third: according to CSR1951, states of asylum are required to issue Convention Travel Documents (CTDs) to recognized refugees lawfully staying in their territory. While CTDs do not in of themselves authorize states of asylum to provide protection abroad to their CSR1951 refugees, they reflect partial recognition of the instrumental role of these states in facilitating safe refugee travel. Fourth: while the 'nationality of claims' requirement remains pivotal to the institution of diplomatic protection, and efforts to effectuate its general relaxation have thus far failed, the International Law Commission (ILC) has 'carved out' an exception authorizing states of asylum to provide protection abroad to their recognized refugees. The ILC's protection-enhancing agenda, reflecting progressive development of the law, is laudable, even though it has opted for a rather cautious approach.

Landscape reshaping of the asylum of san francisco de paula, located in jaboticabal, Sao Paulo State, Brazil

It is a commonly known fact that there are elderly who have no family or who do not receive any kind of help from their relatives, as the family does not normally have good financial conditions to help them. These elderly live in private or public shelters and generally, they do not have enough money to cover all the necessary costs, and are forced to survive from donations. Those shelters are based, primarily, on nutrition and health. Leisure and wellbeing are usually treated with little attention, but it could be obtained in a simple and effective way: green areas, which normally exist at the site, are often misused, so they can become rest areas through simple landscape projects. It is important to mention that a garden is not just a beautiful place, but it becomes important for the daily life of older people. The objective of this work was to study the need for contemplative leisure and labor in order to improve the life quality of the elderly that live at the San Francisco de Paula Asylum, in Jaboticabal City, Sao Paulo State, Brazil. In this study, a topographic and a photographic survey was conducted and an analysis of the local ground was done. The preferences of the employees and the visitors of the building were also recorded, as well as the critical points of the area. After this primary analysis, the landscape planning was done, with the help of the AutoCAD 2004 software, prioritizing the use of plants that are not dangerous and that are easy maintained. An orchid nursery was also created in order to provide weekly workshops of orchid cultivation.

Human rights, refuge and asylum

Includes bibliography

Addresses on homely and religious subjects, delivered before the children of the Hebrew Orphan Asylum

by Hermann Baar