Immigration - Refugee Act of 1980 - resistance to female circumcision as grounds for political asylum in the United States

Article Abstract:

The Board of Immigration Appeals overturned an immigration judge's decision to deny political asylum to Fauziya Kasinga because of pressure to undergo female circumcision. The Board found that requiring female circumcision could be considered persecution, that women who have avoided and oppose this practice compose a defined social group and that this group could be subject to countrywide persecution. Therefore, Kasinga's request for political asylum was granted. This case illustrates how women's rights are being undermined by non-gendered discrimination and persecution definitions.

Togo, Refugees, Political, Political refugees, Female circumcision

---

European Community - Maastricht Treaty - delegation of power to international organizations under Danish Constitution - right to democracy - power of Danish courts to review acts by Community organs

Article Abstract:

The Supreme Court of Denmark in April 1998 ruled that ratification and incorporation into Danish law of the Maastricht Treaty are consistent with the Danish Constitution of 1953. The Maastricht Treaty set up the European Union. The Court also declared that Danish courts would retain the right to review European Community actions for consistency with Denmark's Act of Accession to the Maastricht Treaty.

Denmark, European Union, Treaties, Delegation of powers, Treaty ratification

---

Asylum - right of parent to represent child - effect of parent's residence in Cuba - administrative law - judicial review of immigration decision

Article Abstract:

The author discusses the US Court of Appeals for the 11th Circuit's decision in Gonzalez ex rel. Gonzalez v. Reno, regarding the right of a father to represent his son, Elian Gonzalez, and whether decisions by the immigration agency were subject to judicial review.

United States, Cuba, Parent and child (Law), Domicile, Domicile (Residence), Gonzalez, Elian (1993-)

Similar abstracts:

• Abstracts: Recognition and enforcement of state contract awards in the United States: a restatement. The ILC's draft articles on state responsibility: toward completion of a second reading
• Abstracts: Criminal justice and the future of civil liberties. Civil culture and criminal justice in the United States. Fraud by home health care workers and the criminal justice response
• Abstracts: Human rights - Refugee convention - gender discrimination as persecution - women as a social group - effect of cultural norms regarding the status of women
• Abstracts: Foreign Sovereign Immunities Act - denial of immunity for extrajudicial killing - Cuban liability for shooting down civil aircraft - punitive damages - retroactive application of statute recognizing cause of action for human rights violations

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.