A problemática jurídica da detenção de requerentes de asilo e imigrantes irregulares na Europa e em Portugal : eventuais alternativas à detenção

A problemática jurídica da detenção de requerentes de asilo e de imigrantes irregulares assume uma especial relevância no período da nossa história coletiva, em que o fenómeno migratório, em pleno século XXI (século do movimento dos povos)tenderá cada vez mais a condicionar e a pulverizar as políticas públicas estaduais e supra estaduais. Como fenómeno político, económico, social, religioso e cultural, o fenómeno migratório, goste-se mais ou menos dele, aborde-se de forma mais generalizada ou mais pormenorizada, vai quase obrigatoriamente ter de estar nas prioridades políticas, legislativas e jurídicas dos Estados europeus e também ao nível das Instituições da União Europeia. Muito do futuro da Europa e de Portugal está umbilicalmente associado, política e juridicamente, à forma como souberem trabalhar a imigração em cada uma das suas múltiplas variáveis. Desde logo, dedicando especial atenção a variáveis, como o envelhecimento populacional e as taxas de fecundidade e natalidade, entre muitas outras. Fiel ao seu passado coletivo, faz sentido que a Europa e Portugal da diversidade, da tolerância, do respeito pelos direitos humanos, mesmo em momentos de crise económica e social, como o que vivemos atualmente, não deverão transigir nos seus princípios humanistas e de influência cristã.

The Court of Justice of the European Union as a fundamental rights tribunal: challenges for the effective delivery of fundamental rights in the area of freedom, security and justice. CEPS Paper in Liberty and Security in Europe No. 49, 29 August 2012

This paper reflects on the challenges facing the effective implementation of the new EU fundamental rights architecture that emerged from the Lisbon Treaty. Particular attention is paid to the role of the Court of Justice of the European Union (CJEU) and its ability to function as a ‘fundamental rights tribunal’. The paper first analyses the praxis of the European Court of Human Rights in Strasbourg and its long-standing experience in overseeing the practical implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Against this analysis, it then examines the readiness of the CJEU to live up to its consolidated and strengthened mandate on fundamental rights as one of the prime guarantors of the effective implementation of the EU Charter of Fundamental Rights. We specifically review the role of ‘third-party interventions’ by non-governmental organisations, international and regional human rights actors as well as ‘interim relief measures’ when ensuring effective judicial protection of vulnerable individuals in cases of alleged violations of fundamental human rights. To flesh out our arguments, we rely on examples within the scope of the relatively new and complex domain of EU legislation, the Area of Freedom, Security and Justice (AFSJ), and its immigration, external border and asylum policies. In view of the fundamental rights-sensitive nature of these domains, which often encounter shifts of accountability and responsibility in their practical application, and the Lisbon Treaty’s expansion of the jurisdiction of the CJEU to interpret and review EU AFSJ legislation, this area can be seen as an excellent test case for the analyses at hand. The final section puts forth a set of policy suggestions that can assist the CJEU in the process of adjusting itself to the new fundamental rights context in a post-Lisbon Treaty setting.

Language support for immigrant children: a study of state schools in the UK and US

In recent decades, immigrants, refugees and asylum seekers have sought a new way of life in large numbers, often leaving their countries of origin behind in search of places that offer a better way of life. The purpose of this study was to investigate how elementary and middle school students in state schools in Reading, England (primarily speakers of Asian languages), and Richmond, Virginia (primarily speakers of Spanish), were supported academically, when most children's first language was not English. The authors were interested in exploring whether or not there were cultural or structural differences in the way each country helped or hindered these students as they progressed through the school systems. Three UK schools in a district of approximately 100,000 and three US schools in a district of approximately 250,000 were the focus of this exploration from 2000 to 2003. Findings indicated that there were cultural and legislative differences and similarities. Teachers and administrators in both countries attempted to provide services with limited and sometimes diminishing resources. Community support varied based on resources, attitudes toward various ethnic groups, and the coping strategies adopted by these groups in their new environments. Marked differences appeared with regard to the manner in which assessments took place and how the results were made available to the public.

Razzisti a parole (per tacer dei fatti)

Based on a wide bibliographic apparatus, and on a discourse-analysis approach, but written in a very accessible way to reach also a non-specialist audience, the pamphlet focuses on misleading and biased representations – through every-day stereotypes, media clichés, political speeches – of migration and migrants in today’s Italy, and is exciting a national debate about the strong relationship between language abuses, political and social misrepresentation, lack of citizenship for migrants and asylum seekers in Italy.

Ethics of care in supporting disabled forced migrants: interactions with professionals and ethical dilemmas in health and social care in the South-East of England

This article explores the interactions between disabled forced migrants with care needs and professionals and the restrictive legal, policy and practice context that health and social care professionals have to confront, based on the findings of a qualitative study with 45 participants in the South-East of England. In-depth interviews were conducted with 15 forced migrants who had diverse impairments and chronic illnesses (8 women and 7 men), 13 family caregivers and 17 support workers and strategic professionals working in social care and the third sector in Slough, Reading and London. The legal status of forced migrants significantly affects their entitlements to health and social care provision, resulting in prolonged periods of destitution for many families. National asylum support policies, difficult working relationships with UK Border Agency, higher eligibility thresholds and reduced social care budgets of local authorities were identified as significant barriers in responding to the support needs of disabled forced migrants and family caregivers. In this context, social workers experienced considerable ethical dilemmas. The research raises profound questions about the potential and limitations of health and social care policies, provision, and practice as means of protection and support in fulfilling the human rights of forced migrants with care needs.

Second Strike and you are (finally) out? The Quashing of the Prevention of Infiltration Law (Amendment no. 4)

The blog-post critically analyses the Israeli Supreme Court judgment (HCJ 8425/13 Anon v. Knesset et al) quashing the Prevention of Infiltration Law (Amendment no. 4), offering themes of comparative constitutional interest.

80,000,000 hooligans. Discourses of resistance to racism and xenophobia in German punk lyrics 1991-1994

The late eighties and early nineties in Germany were not only marked by the fall of the Wall and German unification, but also by the dramatization of the political issue of asylum, resulting in outbreaks of xenophobic violence. In the context of the asylum debate of the early nineties, a number of punk bands produced songs between 1991 and 1994 which criticise the xenophobic climate created by the asylum debate and undermine an exculpatory official discourse about the violent attacks. The lyrics of these songs will be analysed as instances of counter-discourse emerging from a subcultural sphere that nurtures a critical distance towards hegemonic public and political discourse, arguing that Critical Discourse Analysis should pay more attention to defiance of hegemonic discourse.

The union of securitisation and demography: immigration detention in Israel

The chapter sets its analysis of the historical and contemporary detention of asylum seekers in Israel against a wider context of that country's national immigration policy. The chapter demonstrates that Israel perceives asylum seekers as a threat to its self-defined Jewish character. Its twofold conclusion argues that the government therefore subjects asylum seekers to harsh detention practices that afford detainees limited procedural guarantees, and that these procedures cut against the justification for detention as a measure to facilitate deportation.

Voting rights of refugees

The book develops a novel legal argument about the voting rights of recognised 1951 Geneva Convention Refugees. The main normative contention is that such refugees should have the right to vote in the political community where they reside, assuming that the political community is a democracy and that its citizens have the right to vote. The basis of this contention is that the right to political participation in some political community is a basic right from the point of view of dignity and the protection of one’s interests. Due to their unique political predicament, 1951 Geneva Convention Refugees are a special category of non-citizen residents. They are unable to participate in elections of their state of origin, do not enjoy its diplomatic protection and consular assistance abroad, and – most fundamentally – are unable or unwilling, owing to a well-founded fear of persecution, to return to it; thus, they are in limbo for a potentially protracted period. Refugees, too, deserve to have a place in the world in the Arendtian sense, where their opinions are significant and their actions are effective. Their state of asylum is, for the time being, the only community in which there is any realistic prospect of political participation on their part.

Envelhecimento: campo novo de estudo na psicologia

As pessoas idosas constituem hoje um novo grupo populacional! Também é novo o conhecimento de suas características e do processo do envelhecimento. A pesquisa acadêmica em torno dos diversos aspectos da população de mais idade tem tido um significativo desenvolvimento e a cada ano, mais e mais estudos têm sido feitos. Entretanto, estes são praticamente desconhecidos no Brasil. Ao mesmo tempo, as pessoas idosas estão se tornando cada vez mais importantes sob o ponto de vista da política social e a questão da previdência social e da aposentadoria têm sido debatidas em torno do problema de como a sociedade deveria prover esta etapa da vida. Nosso estudo é sobre a forma de atendimento das pessoas idosas comum no Brasil, isto é, a forma institucional de recolhimento: o asilo. Estudamos três deles, descrevendo suas características e dinâmica interna mostrando a condição de total dependência em que se encontram as pessoas idosas que vivem ali. A finalidade específica do estudo de campo foi a de oferecer uma perspectiva com relação a Psicologia do Envelhecimento e a discussão do papel preventivo e profilático que o psicólogo pode ter no campo do envelhecimento.

Qualidade de vida na perspectiva de idosos institucionalizados no Município de Natal - RN

A descriptive and exploratory Study, quantitative in nature, with the aim to assess the Quality of Life (QL) of the elderly leaving in a Long Residence Institution (LRI) according to their own perception. It was conducted in six Public Institutions of Long Residence for Seniors, in the municipality of Natal - RN, in the period of July to August 2007. The data was collected using two structured interview forms: the first, containing questions about socio-demographic aspects and the second - the WHOQUOL-OLD, prepared by the World Health Organization to assess elderly s quality of life. The reference population was 266 old persons, and a random sample, of 43, being 28 women and 15 men, who account for 30%. The results indicated there is a predominance of older women (65.1%) and the average age is 76.6 years; the predominant religion is the Catholic - 44.2% and, 32.6% are unmarried without children. As for schooling and precedence, 41.9% are illiterate and 67.4% come from the rural area. The time of residency in the institution goes between 1 to 5 years for 69.8% of the elderly, 37.2% of them residing in the institution for not having another option. Most elderly informed using medicines. 51.3% said they are taking anti-hypertensive. As for the other aspects of QL: sensory aspects, autonomy, past, present and future activities, social participation, death and dying and intimacy, the WHOQOL-OLD, showed an average total score of 52.9% (scale of 0 to 100), with a tendency to neutrality, denoting that the elderly, in this study, evaluated their QL as neither satisfactory or unsatisfactory. Of all the facets of the instrument of QL, the sensory facet secured the highest average scores (68,1%), showing that the elderly are "happy" in the situation in which they find themselves, not showing significant disabilities. The facet of autonomy, which refers to the independence and the ability to make decisions on their own life, received the lowest average scores (40.7%), showing the dissatisfaction of the elderly on this aspect. The evaluation of the elderly on other facets were: social participation (48.2%); activities past, present and future (44.6%) and intimacy (50.6%), all perceived as neither unsatisfactory or satisfactory. On the item death and dying, the elderly people declared themselves satisfied, with average score of 65.5%. The analysis of the reliability of the WHOQOL-OLD by the Cronbach Alpha showed 0.57, considering the 24 items that cover the instrument, showing regular internal reliability of the instrument, in our reality. The result is probably due to differences between the regions south and east and the broader sociocultural diversity. We believe that the elderly in this study, tended to realize their QL as neutral, considering it as neither unsatisfactory or satisfactory, result likely related to the resignation with the destine, characterized, at the time, by the finitude of life, feeling very common among elderly, or perhaps, even for an accommodation, often accompanied by discouragement, present in the daily life of many of them

Trajetória de profissionais da saúde de um hospital colônia para hanseníase

Leprosy as a public health problem , there is still quite some time , even with treatment for decades . Your health-disease process is marked by a historical backdrop of stigma , prejudice, social exclusion and authoritarian decisionducts , in order to extinguish the disease milieu under the regime of compulsory confinement of the patient. In this perspective , the Brazilian public health twentieth century adopted policies of compulsory isolation , which meant that those who receive a diagnosis of leprosy were isolated from society and their families in hospitals colonies . Objective is, to the study, rescue the trajectory of health professionals in the Colony Hospital St. Francis of Assisi , in Natal / RN ; Identify the policy was perceived as compulsory institutionalization imposed for leprosy patients by health professionals ; describe the behaviors Professional Hospital adopted in Cologne ; Retrieve information about the existence and functioning of the Hospital and Create a documentary of historical fragments of leprosy from the point of view of professionals from a former colony. Exploratory - descriptive method with a qualitative approach , using the methodological framework thematic oral history was used . Obtained approval by the IRB of the Federal University of Rio Grande do Norte, under Protocol No 461 403 and CAAE 19476913.9.0000.5537 . Be interviewed during the period of November and December 2013 , five health professionals who worked in the hospital colony , using audio recorder and images to capture and record the statements. The interviews were transcribed , textualized, transcriadas and sent to reviewers to step conference of the reports. Subsequently , analysis of the stories was made from the proposed content analysis of Bardin . The results and discussion are presented in the form of article: Opinion of nursing professionals who worked in a hospital for leprosy colony , which aimed to : identify the opinion of nurses who worked in hospital colony on the lives of patients . In this article, three main themes were highlighted and discussed from the reports of colaboradoes : I - The socialization process of internal II - 16 Prejudice , stigma and discrimination III - Social exclusion versus inclusion . We conclude that , in the context of the colony hospital, the performance of health professionals contributed significantly to that stigma , prejudice and social exclusion would be minimized and that the experience of asylum seekers in the colony were not seen more traumatic

Problematizando a Reforma Psiquiátrica na atualidade: a saúde mental como campo da práxis

Mental Health, in the form of the Psychiatric Reform, and the Anti-Asylum Movement do not ignore the production of knowledge about that field, mainly due to the consolidation of Public Health as a field of knowledge. The article explores some authors who consider Mental Health as a new field of knowledge, introducing a new paradigm in the perception of health - Disease and Care -; however, the goal is to introduce Psychosocial Care as a means to enforce the transdisciplinary and multiprofessional practices. The possibility is that mental health produces developments in Health, consolidating the public policies. In practice, the hospital-centered and drug-based model still predominates, and there are setbacks to be overcome by taking advantage of loopholes capable of breaking with what is instituted.