Refugees A
refugee is a person who has beein forced to leave their country because
it is not safe for them to stay. The UN Convention on Refugees has a
more precise definition:
'Owing
to a well founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is
unable or owing to such fear, is unwilling to avail himself of the
protection of that country.' (1951 UN Convention on Refugees)
Asylum Seeker
Is
a person who has made a claim to be considered for refugee status and
whose claim is still being considered. You cant be an illegal
asylum seeker. People seeking asylum have a legal right to be in the
UK.
Reasons why they leave
Refugees and Asylum Seekers have to leave their countries. Here are some of the reasons why they may have to leave:
War
Threat because of political beliefs
Inter-ethnic violence conflict between tribes
Inter-religious violence against religious groups
Repressive governments Fear of conscription fear of being forced to fight
Cultural practices, female circumcision, honour killings, ritual abuse
These
are all valid reasons to flee but under the refugee convention (above)
only persecution for a convention reason is recognised. This means many people are refused asylum who do have a genuine fear of returning to their country.
Factors affecting where they travel to
The vast majority of refugees are only able to travel to a neighbouring country. Because of this, countries like Pakistan, Syria and Kenya receive by far the most refugees worldwide. The UN estimates that %90 of refugees remain in their area of origin. Those
that are able to travel to countries like the UK usually have their
journeys arranged for them by others, and have no choice over where they
end up. The UK receives less than %1 of the world's refugees.
Where do they come from?
Refugees
and Asylum Seekers come from many countries globally. In the UK, these
are some of the common countries that Refugees and Asylum Seekers flee
from:
Afghanistan
China
Congo
Eritrea
Iran
Iraq
Nigeria
Pakistan
Somalia
Sri Lanka
Sudan
Zimbabwe
It
is important to note that there are various reasons why people flee
these countries and there are many groups of people at risk within these
countries.
What the law says?
Globally
Asylum Seekers and Refugees are mainly covered by the 1951 UN
Convention where it defines clearly who should be protected as a
refugee. In Europe, the European Convention on Human Rights also
provides a basis for protection. The UK Legal perspective is covered
mainly by UK immigration laws as well as the Human Rights Act. The UK
Law undergoes much change with its immigration policies, so the laws are
changed frequently. However the general policy of the UK government in
recent years has been to reduce the numbers of refugees coming to the UK
and to reduce the level of support available to those that arrive.
The Asylum Process
The
UK Aslyum Process is how all Aslyum Seekers seek permission to remain
in the UK. The Aslyum System is managed by the UK Borders Agency, which
is branch of the UK Home Office the system is very complex and if a
person does not speak English, it can be very difficult to understand
which can affect aslyum claims. The process involves making a claim and
then undergoing interviews. If unsuccessful there is usually the right
of appeal to the courts. However the system is very complicated and
frequently changes so it is best to contact an immigration adviser or
solicitor when dealing with asylum cases.
Support for Ayslum Seekers and Refugees who are Deaf
If
you or someone you know is deaf or hard of hearing and is an asylum
seeker or refugee in Scotland, and they need more support, then please
contact:
Honour
based violence is violence towards somebody who is seen to have broken
the honour code of a family or community. Breaking the honour code
could include:
dressing in what is seen to be an inappropriate way
having a boyfriend/girlfriend
kissing/intimacy in a public place
rejecting a marriage proposal
becoming pregnant outside of marriage
using drugs or alcohol
being Gay, Lesbian, Bisexual or Tran gendered
not practising your religion
any other behaviour that is not deemed acceptable by the family/community
A victim may be accused of having shamed the family or destroyed
their reputation within their community. Punishment may include:
verbal threats
physical violence
sexual abuse
forced abortion
forced marriage
abandonment overseas
abduction
murder
Who is affected?
Honour
based violence is mainly directed by men towards women. However, men
can also be affected, for example if they are believed to be supporting
the victim, are involved in what is seen to be an inappropriate
relationship or if they are gay or transgendred.
Honour based violence is not restricted to a single community or
culture but can affect anyone, regardless of their ethnic background or
faith. It could be committed by one individual or by several in the
family or in the community. People involved in committing the violence
can be men and women.
What to do if you think you or someone you know may be a victim
If you feel you are at risk of honour based violence, the best thing to do is to contact one of the organisations listed below
If you are in immediate danger please call 999.
If you think that someone you know may be a victim, please contact one of the organisations listed below.
Do not directly confront the family or speak with the victim in their presence as this may make things worse.
Honour based violence is not a cultural or religious practice and is never right or acceptable.
What the law says
There
is no specific law on honour based violence. All cases will be
prosecuted under criminal law according to each specific offence that
has been committed, for example assault, kidnap, rape, murder etc.
Civil
Law can be used to protect yourself from risk of violence. Some of the
remedies that can be used are interdicts, non harassment orders. You
will need to contact a civil family lawyer for advice.
Where we have been able to find information in BSL relating to human rights we have included links in these pages. We
have also asked some of the main organisations dealing with Human
Rights to produce more deaf friendly materials in BSL and we will add
these to these pages when we get them.
What do we mean by human rights?
Our
Human rights concern the things that are important to us all as human
beings and make it possible for us to live our lives to their full
potential free from harm and with dignity and respect.
They include the basic rights such as the right to life, to have enough
to eat, a roof over our head, an education and to good health. They
also include our rights to freedom of thought, the rights to express our
opinions and to organise ourselves politically to achieve change. They
include our rights to defend our interests at work and the right to
express and practice our religion or other kinds of beliefs - provided
these do not interfere with the rights of others.
Human rights help usto
live our lives the way we want to according to our own needs and
choices. This includes who we form friendships or relationships with.
Where do human rights come from?
Human rights
come from the moments in history where individuals and groups of people
tried to change the world for the better and make it fairer, more
tolerant and more equal. This
came about because people recognised the injustices which threatened
their existence, limited their lives and stopped them achieving their
potential. These struggles are deep in our history.
The first internationally agreedstatement of human rights emerged in 1948 followingthe
horrors of the Second World War and especially the persecution of
Jewish people and other minorities by the Nazi regime in Germany. This led to the development of the'Universal Declaration of Human Rights' (UDHR) in 1948.
"But aren't they just for prisoners and terrorists?"
In
recent years the press have highlighted cases of human rights applying
to prisoners, suspected terrorists of other groups who you may feel do
not deserve them.
No
matter who you are, where you are or what you may have done, you still
have human rights. There may be some rights which are applied
differently in some situations. Human Rights can
be limited in certain circumstances - such as when someone goes to
prison. Despite this basic rights to human dignity apply to everyone in a
human rights framework and this includes those who have broken the law.
Human rights are for everyone
Human
rights laws and thinking are increasingly making a difference to other
people in society including those discriminated against because of their
gender, age or sexual orientation. There have been important human
rights cases involving the services needed by older people in care
homes, Children and young people and vulnerable asylum seekers fleeing
persecution and torture. It is nowmore
common for a human rights based approach to be applied to other things
which affect our lives such as being treated differently because of our
disabilities or because we are D/deaf.
An
overwhelming majority of people in the UK support legislation to
protect their human rights and want to see a human rights approach
incorporated into public services in ways that help both users and
service providers to benefit,an Equality and Human Rights Commission
Report in 2009 confirmed this. You can view a summary of the report by clicking here.
To view the BSL summary of the report click here and look for the BSL summary button on the right hand side of the page.
As
human rights ideas and laws are better understood in our society they
will be used by all of us to overcome the barriers we face to living
better lives. We
must not allow them to be distorted by those who seek to undermine them
by dividing people and setting them against one another by claiming
that some deserve human rights and some don't.
What do the human rights laws actually say?
International human rights laws requires states to respect our human rights and forbids them from interfering in them. They place a duty on states to protect rights and ensure that they are not undermined or restricted. The requirement to fulfil
human rights requires states to promote them and encourage people to
seek and improve their rights. Although international law can be hard to
enforce at the national level it is increasingly having a strong
influence on rights partly because of international treaties enshrined
in our national laws in the UK and in Scotland. This is also because developing a rights based approach is now better understood as the right thing to do.
The Universal Declaration of Human Rights (UDHR) is the best known and most important, human rights document. All other human rights laws take the UDHR as their starting point. It is the foundation of modern human rights law. To access a BSL version of the declaration click here
After
the UDHR, many other international agreements, or treaties, were
developed for specific groups and issues. Many of these treaties are
reflected in anti-discrimination and protection laws in the UK. The
international agreement of most relevance in relation to the human
rights of deaf people is probably the UN Convention on the Rights of People with Disabilities.
Towatch a BSL version of the guide to this treaty click here
For an easy to read version of the main points in the treaty produced by Independent Living in Scotland click here.
The European Convention on Human Rights (ECHR)
This was produced by the nations of the Council of Europe (including the UK) in the aftermath of World War II. In fact The Council of Europe
was founded to defend human rights, democracy and the Rule of Law.
People who feel their rights have been violated by their own government
or its public authorities at the national level may be able to take
their case to the European Court of Human Rights using the European Convention on Human Rights, after exhausting domestic remedies.
To celebrate the 60th anniversary of the ECHR The Council of Europe
has published a leaflet that highlights the impact of the ECHR on
citizens' lives and its importance in the development of international
law in the last 60 years. You can read more about the achievements of
the ECHR and the European Court of Human Rights by clicking here
Human rights in Scotland
The Scottish Human Rights Commission ( SHRC) promotes and protects the rights guaranteed by the European Convention on Human Rights. These are now part of the law of Scotland as a result of the UK Parliament passing the Human Rights Act 1998 and carrying the duties into the Scottish Parliament through the Scotland Act 1998.
The SHRC works with the Equalities & Human Rights Commission (EHRC) who are responsible for promoting the implementation of UK equalities laws such as the Equalities Act 2010. The EHRC promote human rights relating to issues which are the responsibility of the UK Parliament. The
SHRC also works closely with the Equality and Human Rights Commission
in Scotland in their shared role as independent monitoring mechanism for
international treaties such as the UN Disability Convention in Scotland
What is the Human Rights Act 1998?
The
Human Rights Act gives people in Scotland the opportunity to have their
human rights legal case heard in a Scottish court. The Human Rights Act
contains most of the rights which are included in the European
Convention on Human Rights.
What does the Human Rights Act do?
The Human Rights Act requires public
authorities to consider human rights when they are making or
interpreting the law here in Scotland. If you feel that one or more of
your rights have been breached by a public authority, you may be able to
take the matter to court if required. This
also means that people can argue for human rights concerns to be taken
into account in the design of laws or the policy decisions which flow
from them. If you are unhappy with the decision of a Scottish Court and
have pursued the issue as far as it can go in the UK, you can then take
your case to the European Court of Human Rights. To view a BSL guide to
the Act produced by Bristol City Council click here.
How is Deaf Connections improving human rights?
We
feel that deaf people are routinely unable to access their human rights
due to issues relating to communication, prejudice and discrimination. Click here to view a BSL version of the World Federation for the Deaf
website which gives their interpretation of the main human rights
issues which affect deaf people. We feel that many aspects of our lives
are affected by the denial of our human rights or the failure to do what
needs to be done to help us achieve them.
Deaf Connections
provide many practical services which seek to help people with the day
to aspects of life which others take for granted. These include help
with communication, specialist care education and community development
support.
The
lack of information and awareness of the human rights needs of deaf
people means that they are often not fully considered when services are
planned. Although progress is being made on this and other equalities
concerns there is still a lot to do.
Compliance with Human Rights duties
In 2012 Scotland
will develop a national action plan for identifying and tackling human
rights issues. This may require changes to Scotland's laws and
improvements to the policies and practice of service providers. It
will promote and strengthen a rights based approach for delivering the
Human Rights of all Scotland's people. Deaf Connections Ishara project
will make sure that our communities are part of this process and we want
you be part of it to. Let's make sure that the services we are entitled
to treat people fairly, respectfully, equally and promote their autonomy. These are principles which should be used to plan and deliver services but they are also fundamental human rights available to people under United Kingdom, Scottish & International Law.
For
more information about Ishara's Framework for Action campaign to
deliver equalities and human rights for deaf BME people visit the Ishara
Manifesto section of our website.
If
you have found the information about Human Rights on these pages useful
and you would like to know more then please visit the following
websites
Have you or anyone you know ever been badly treated because people see you as different?
Have you ever been verbally abused, assaulted or had your property damaged by someone because of you deafness, race
or any other reasons. If you have - you might have been a victim of a
Hate Crime. The law in Scotland says that a hate crime is when one
person behaves badly towards someone else because they belong to a
particular group in society.
Who are the victims of hate crime?
People experience hate crime when others object to their race, religion, sexual orientation, a change in their gender identity or their disability. If
you have been badly treated because you are seen as different in this
way then you have probably been the victim of a Hate Crime. This
also includes people who have been treated inappropriately because they
are deaf or hearing impaired. It is illegal to treat you in this way
and you do not have to put up with it.
What do we mean by a hate crime?
When we say that hate Crime means being treated badly we mean.
being assaulted,
having your property damaged or vandalised,
being threatened - including by telephone,
being given offensive letters, leaflets or posters.
being insulted including being called names or being made the subject of jokes about your deafness, race or other things.
What can you do about it?
You do not need to put up with this and suffer in silence - no one has the right to treat others in this way. Deaf Connections is one of a number of reporting centres where you can get assistance with hate crime issues. You can.
Come and see us and we will talk it over with you
Find out about services which could help you deal with the issue.
Allow us to help you report the issue to the police - you wouldn't even need to give your name if you don't want to
If you wanted to speak to the police we can help you to make contact and with communication.
Would you like more information?
We have been working with the police, deaf organisations and the
Community Safety Partnership to help people deal with this issue. They
have produced a leaflet with more information.
Link to full and Leaflet easy read versions of the leaflet
It is available in English, in other community languages
Link to English and other translated version of the leaflet
and in British Sign Language.
Link to BSL version
Reporting Hate Crime
Hate Crime can be reported directly to the police in person or online at their website.
Link to how deaf and hard of hearing people can contact Strathclyde Police.
Third Party Reporting
However if you do not feel
comfortable with directly reporting to the police, you can contact a
Third Party Reporting Centre. Third Part Reporting Centres can be local
community groups with workers trained by the police to help assist you
in reporting the crime in confidence.
Details of local Third Part Reporting Centres supporting deaf communties in Glasgow:
British Deaf Association (Scotland) 1st Floor Central Chambers Suite 58 93, Hope Street Glasgow G2 6LD T: 0141 248 5554
Deaf Connections Ishara project is seeking to increase understanding of deaf ME peoples needs and improve services available to them, their families, carers and communities.
How we plan to deliver change
We are doing this by launching a Framework For
Action which raises awareness of needs and considers these as broader
equalities and human rights issues. The
framework links this to Equalities and Human Rights law, empowerment
policy in Scotland and the current thinking on how to achieve better
effectiveness in Scotland's public services. Click the link below to
open up the PDF document.
We hope that through the circulation and discussion
of our document, public, private and voluntary services, communities and individuals will take
practical action. This will help deaf people from ME communities to
live a life where there needs are met, they can achieve their potential and make a positive contribution to society.
The Framework is part of our national conversation
both online here at our website - and at community engagement events
which took place throughout Scotland from April to November 2013 in Dumfries, Glagsow, Edinburgh,Glasgow and Inverness. Please contact Ishara@deafconnections.co.uk for more information.
You can get involved by asking questions or respond to the general content of the document by contacting - Ishara@deafconnections.co.uk
Take some action now!
We have identified a number of themes below which
we think help us to think about how we can improve the lives of deaf ME
people. What we need services and
communities to do is to read these and tell us what practical action
you think your organisation could take to address the issues affecting
deaf ME people. Please click on themes below for more detail and each theme has a link to survey monkey:
We would like to thank Deaf Connections Multimedia Team, Plain English Campaign and Scottish Association for Sign Language Interpreters (SASLI) for their support in making this an accessible resource.
