Asylum Seeker Children in Need Essay Example | Topics and Well Written Essays - 500 words

Asylum Seeker Children in Need - Essay Example ri Lanka, FRY (Former Republic of Yugoslavia), Afghanistan, Turkey, Pakistan, China, India and Iran, in that order, were the countries most of these applications came from. Despite the large number of immigrants seeking leave to enter and stay, only a minority get awarded the refugee status or exceptional leave to remain. A major challenge is presented in terms of meeting the needs of these immigrants and refugees is their children’s access to education which is part of their statutory rights. In a highly competitive environment, these children may be considered a potential threat to school standards and levels of achievement, by institutions and educational establishments. However, schools are given the option to exclude asylum-seekers’ and refugee pupils’ scores from the schools’ overall performance indicator if these individuals have been in the country for less than two years. The same exclusion law applies to anyone whose first language of instruction is not English. Such a policy can bring a good change if it seeks to help such students be welcomed and accepted at their respective institutions without the apprehension of the schools as to the hampering of school performance. However, on the flip side, such a decision might also result in the schools taking a lax attitude towards these children and deem them unfit for similar prospects as the other, regular students. The fact is that more than the basic needs of these children need to be catered to, as evidenced by the data that shows that children of refugees/asylum seekers are often victims of racial hatred, with the local communities often treating them as pariahs. Globalization is a reality of our times, as well as having a long history, and it is a good idea to see its process vis-Ã  -vis the challenges of asylum. It is because of globalization that people from a certain area in the world decide to move to another area, despite the financial burden thereof. What is more, such people always

Discuss how the treaties might relate to custom, as well as the Assignment

Discuss how the treaties might relate to custom, as well as the alleged existence of hierarchy among the sources of internationa - Assignment Example International law consists of the rules and principles of general application dealing with the conduct of States and of international organizations in their international relations with one another and with private individuals, minority groups and transnational companies. Since there is no international legislation or parliamentary body that had the mandate of coming up with international law, the generally accepted source of the rule of law has been customary international law. It arises from the concept that these laws arise from what is considered as common practice when countries are dealing with each other. Consequently international law can only be established if there is consent by states and is enforced by means of individual or collective action of individual or collective action of other states. ... Practice alone is not adequate as was the case in the ruling of Case of the SS Lotus (1927).Secondly in has to be ‘opinio juris’ that is a belief in it being a legal obligation in the states. As the International Court of Justice put it â€Å"Not only must the acts concerned be a settled practice but they must also be such, or be carried out in such a way as to be evidence of a belief that this practice is rendered obligatory by the existence of a rule requiring it... The states concerned must feel that they are conforming to what amounts to a legal obligation2. Let’s take for example the duty for countries to give protection to ambassadors from other countries while they are on diplomatic missions within that country. This is an ancient custom which has been accepted as normal practice and a legal obligation expected of the host country. In case an ambassador is attacked in a country it would be considered as a violation of a customary international law. 3New st ates are automatically bound by the existing customary international laws. For a state to not to be bound by a rule of international customary law it must object to it during formation or become a persistent objector to it. Failure to register such an objection may lead to the state being assumed to have accepted the customary rule of law. International Convections International treaties are contracts signed between states that are legally binding to all states that are party to the treaty. The reason for which states that sign a treaty are bond to it is because there is a rule of customary international law – pacta sunt servanda- which requires all states to honour and adhere to the treaties they have signed. A state