Is a Refugee a Refugee Everywhere? A Comparative Study between Turkish, Italian and Brazilian Law
Is a Refugee a Refugee Everywhere? A Comparative Study between Turkish, Italian and Brazilian Law

Author(s): Ülkü Sezgi Sözen, Annalisa Morticelli, Emília Castro
Subject(s): Civil Law, International Law, Human Rights and Humanitarian Law, Migration Studies
Published by: Transnational Press London
Keywords: Turkey; migration; refugee; Italy; Brasil; law; international law; Geneva convention; comparative law;
Summary/Abstract: This paper aims at discussing, analyzing and comparing the definition of the term refugee to reflect upon the terminology enshrined by 1951 Geneva Convention on Refugee Status and its application on the globalized world. Firstly, it presents an overview of international refugee law, focusing on the above-mentioned Geneva Convention, which is the pioneer international instrument for the protection and welcoming of refugees. Secondly, there will be a legal analysis of Turkish, Italian and Brazilian Refugee Law. These national laws (which also comprise the definitions of the Geneva Convention) are used as comparative standards in order to suggest some improvements to refugee law matters, especially to the definition of the refugee status. These three completely different approaches derived from the refugee law of these countries help us reach our goal, which is not only to suggest some changes for International Refugee Law, calling the Geneva Convention into question, but also to reflect upon the ratio of the refugee status and on the granting or withdrawing of this status. In this work, the hermeneutic method will be used together with a comparative law approach.

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