Do rights violations deter refugees?

In this article, we argue that building a stronger empirical understanding of the politics of domestic refugee law and policy making is essential for refugee law scholars to better advocate for protection-orientated reforms. While much of the legal scholarship is aimed at promoting policy change, the best way to achieve this goal has rarely been examined. We identify three key areas of interdisciplinary empirical research that can create a stronger evidence-base for improving domestic policy reform efforts. This includes understanding the institutions and actors involved in policy formulation, measuring the impact of refugee laws and policies in practice, and identifying how to influence public opinion and build support for progressive law and policy change. We showcase existing interdisciplinary research in each of these areas, and highlight topics ripe for further empirical inquiry.

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More than advocates: Lawyers' role in efficient refugee status determination

Fraser

2022

Can Public Adm

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For years, Canadian refugee status determination (RSD) procedures have faced significant administrative capacity issues. Arguing that the RSD system was attracting "unfounded" claims and becoming inefficient, the Harper government pursued rights-restrictive reforms. Is there a connection between applicants' procedural rights and the efficiency of Canadian RSD? This article outlines and empirically tests arguments for and against restricting refugee applicants' procedural rights to enhance efficiency.Examining macro-level trends in applications and microlevel adjudicator-specific routines, it presents evidence against the notion that rights-restrictive measures save adjudicators time. The article also shows that procedural rights can foster efficient RSD practices when applicants and adjudicators have access to competent legal counsel. SommaireDurant des années, les procédures canadiennes touchant à la détermination du statut de réfugié (DSR) ont dû affronter d'importants problèmes de capacité administrative. Selon l'argument que le système de la DSR attirait des réclamations « non fondées » et devenait inefficace, le gouvernement Harper a poursuivi des réformes restrictives des droits. Existe-t-il un lien entre les droits

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Do rights violations deter refugees?

Cited by 3 publications

References 40 publications

Coups and refugee flows in autocracies and democracies

Coups and refugee flows in autocracies and democracies

Understanding the Politics of Refugee Law and Policy Making: Interdisciplinary and Empirical Approaches

More than advocates: Lawyers' role in efficient refugee status determination

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