University of Canterbury Home
    • Admin
    UC Research Repository
    UC Library
    JavaScript is disabled for your browser. Some features of this site may not work without it.
    View Item 
    1. UC Home
    2. Library
    3. UC Research Repository
    4. Faculty of Law | Te Kaupeka Ture
    5. Law: Journal Articles
    6. View Item
    1. UC Home
    2.  > 
    3. Library
    4.  > 
    5. UC Research Repository
    6.  > 
    7. Faculty of Law | Te Kaupeka Ture
    8.  > 
    9. Law: Journal Articles
    10.  > 
    11. View Item

    Aspirational yet precarious: Compliance of New Zealand refugee settlement policy with international human rights obligations (2017)

    Thumbnail
    View/Open
    Accepted version (326.9Kb)
    Type of Content
    Journal Article
    UC Permalink
    https://hdl.handle.net/10092/101621
    
    Publisher's DOI/URI
    http://doi.org/10.1504/IJMBS.2017.10002158
    
    Publisher
    Inderscience Publishers
    ISSN
    1755-2419
    1755-2427
    Language
    en
    Collections
    • Law: Journal Articles [221]
    Authors
    Mahony C
    Marlowe J
    Humpage L
    Baird N
    show all
    Abstract

    Despite New Zealand’s ratification of similar international obligations to the other ‘Group of 5’ states, the prevalence of broad strategies with little specificity in relation to policy or supporting funds suggests governmental reticence to concretely recognise refugee rights. This article does not attempt to examine settlement policy compliance with every right enjoyed by refugees under international law. Instead, as our title suggests, it demonstrates that New Zealand refugee policy is aspirational yet extremely precarious. The first section indicates how a refugee’s pathway to protection via the UN quota system or as Convention refugees, significantly affects both family reunification and refugee resettlement support. The second section provides evidence that economic, social and cultural rights (ESCR) are insufficiently embedded in New Zealand’s legal framework to ensure coherent implementation leading to inconsistent and discriminatory policy compliance and dependence on NGOs and volunteers. This circumstance makes it difficult to contend that New Zealand actually meets its international obligations in a consistent and sufficient manner, despite the aspirations articulated by the recently developed Refugee Resettlement Strategy and other policies.

    Citation
    Mahony C, Marlowe J, Humpage L, Baird N (2017). Aspirational yet precarious: Compliance of New Zealand refugee settlement policy with international human rights obligations. International Journal of Migration and Border Studies. 3(1)(1). 5-23.
    This citation is automatically generated and may be unreliable. Use as a guide only.
    ANZSRC Fields of Research
    48 - Law and legal studies::4803 - International and comparative law::480307 - International humanitarian and human rights law
    48 - Law and legal studies::4807 - Public law::480703 - Domestic human rights law
    44 - Human society::4407 - Policy and administration::440712 - Social policy
    44 - Human society::4403 - Demography::440303 - Migration
    Rights
    All rights reserved unless otherwise stated
    http://hdl.handle.net/10092/17651

    Related items

    Showing items related by title, author, creator and subject.

    • Housing in Post-Quake Canterbury: Human Rights Fault Lines 

      Baird N (2017)
      The 2010–2011 Canterbury earthquakes and their aftermath have been described by the Human Rights Commission as one of New Zealand's greatest contemporary human rights challenges. This article documents the shortcomings in ...
    • International Human Rights Law 

      Esterling, Shea (Brill | Nijhoff, 2018)
    • Fluid Personality: Indigenous Rights and the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 in Aotearoa New Zealand 

      Esterling, Shea; Collins T (2019)
      In March 2017, the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 (NZ) (‘Te Awa Tupua Act’) became the first piece of legislation in the world to declare a river a legal person. Through this grant of legal ...
    Advanced Search

    Browse

    All of the RepositoryCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThesis DisciplineThis CollectionBy Issue DateAuthorsTitlesSubjectsThesis Discipline

    Statistics

    View Usage Statistics
    • SUBMISSIONS
    • Research Outputs
    • UC Theses
    • CONTACTS
    • Send Feedback
    • +64 3 369 3853
    • ucresearchrepository@canterbury.ac.nz
    • ABOUT
    • UC Research Repository Guide
    • Copyright and Disclaimer
    • SUBMISSIONS
    • Research Outputs
    • UC Theses
    • CONTACTS
    • Send Feedback
    • +64 3 369 3853
    • ucresearchrepository@canterbury.ac.nz
    • ABOUT
    • UC Research Repository Guide
    • Copyright and Disclaimer