Basic humanitarian principles applicable to non-nationals

This article examines the general status in international law of certain fundamental human rights to determine the minimum "no derogation" standards, and then surveys a number of formal agreements between stages governing migration matters, while examining some of the standard-setting work undertaken by the International Labor Organization (ILO) and other institutions. Article 13 of the Universal Declaration of Human Rights, proclaims the right of everyone to leave any country, including his or her own. The anti-discrimination provision is widely drawn and includes national or social origin, birth, or other status. Non-discrimination is frequently the core issue in migration matters; it offers the basis for a principles approach to questions involving non-nationals and their methodological analysis, as well as a standard for the progressive elaboration of institutions and practices. As a general rule, ILO conventions give particular importance to the principle of choice of methods by states for the implementation of standards, as well as to the principle of progressive implementation. Non-discrimination implies equality of opportunity in the work field, inremuneration, job opportunity, trade union rights and benefits, social security, taxation, medical treatment, and accommodation; basic legal guarantees are also matters of concern to migrant workers, including termination of employment, non-renewal of work permits, and expulsion. The generality of human rights is due not because the individual is or is not a member of a partucular group, and claims to such rights are not determinable according to membership, but according to the character of the right in question. The individualized aspect of fundamental human rights requires a case-by-case consideration of claims, and the recognition that to all persons now certain special duties are owed.     

The law,immigration and human rights: changing the Australian immigration control system

This paper examines the structure of the present system of immigration control in Australia in the context of its origin, evolution, and responses to current human rights and anti-discrimination standards. The system has serious shortcomings because it confers broad discredionary powers on immigration officals and provides no comprehensive system of judical review. Since the 1970s the system has been gradually losing its legitimacy and has become a subject of challenges by various groups; its efficiency has been undermined and it breeds social conflict and systematic human rights violations. The 1958 Migration Act contains a level of discretion unknown in other "machinery" legislation, conferring a wide range of discretionay power on 1) the minister, 2) authorized officers, 3) officers, and 4) prescribed authorities. The current review system, in response to political pressure and in the context of administrative law reforms, provides for limited access to judicial review under the Administrative Decisions Act of 1977. The ethnic gains of the 1970s were achieved when Australian society was going through a period of profound liberal changes. The 1980s have brought continuing high unemployment and high inflation rates, a large budget deficit and associated restraints in government expenditure, as well as a substantial cut in the immigrant intake after the Labor Victory of March, 1983. Overall, an entirely new immigration control system should be developed that will aim at providing a better balance between stability, predictability, and fairness of the system on the one hand, and the need for government to maintain its ability to adapt its program to fluctuations in economic and social conditions both within and outside Australia on the other hand.     

The guests who stayed--the debate on 'foreigners policy' in the German Federal Republic

The recruitment of "guest workers" between 1956 and 1973 by West German employers has given rise to new ethnic minorities. The Federal Republic of Germany (GFR) claims that it is not a country of immigration--a controversy that reflects the basic dilemma over policies towards foreign residents, who now comprise about 7% of the total population. The shift from temporary labor migration to long-term settlement has been accompanied by structural changes in the foreign resident population. The logic of the migratory process is inescapable: virtually all migrations, whether organized or spontaneous, start with movements of young adult workers. When recruitment stated in the late 1950s state migration policies were concerned only with short-term fulfillment of capital's labor requirements. The state established a system of institutionalized discrimination, through which temporary guest workers could be recruited, controlled, and sent away, as the interests of capital dictated. This policy was impracticable because many firms found that rotation led to problems of labor fluctuation and high training costs. The trend toward restrictive policies on migration continued in the early 1980s; rising unemployment and urban problems led to widespread hostility towards foreigners. 3 key issues need resolving quickly: 1) the granting of security of residence status, so that migrant families have a clear basis for planning their own future, 2) the extending of political rights to foreign residents, and 3) the issue of citizenship. Like other West European countries, the GFR has become a multiethnic society through the postwar labor migrations. The early reform of legal structures to give migrants more rights is a precondition for social peace, and for achieving the benefits which multiculturalism can offer to all members of society.     

Cuba's exiles: portrait of a refugee migration

"This article provides a portrait of Cuba's exiles [in the United States] that encompasses all their waves of migration, while utilizing the Cuban exodus to shed light on the broader phenomenon of refugee migration. It argues that to understand the changing social characteristics of the exiles over twenty years of migration, we need to understand the changing phases of the Cuban revolution. Utilizing the Cuban exodus as data, the article uses Egon F. Kunz's...theoretical framework for refugee migration to shed light on the refugees' varying experiences, while also using the actual Cuban refugee experience to react to Kunz's abstract model."     

Treatment of the emotionally disturbed,mildly retarded youngster in the foster care system

This paper demonstrates the need for a broad array of clinical services in treating the emotionally disturbed, mildly retarded youngster in the foster care system. A hypothesis suggests that cognitive deficits and borderline pathology are interrelated, and that treatment involves modifications of traditional therapeutic techniques. The definition of clinical is expanded to include seemingly concrete and environmental services, in addition to the office therapy session. Finally, some systemic impediments to effective treatment of the population are explored.This paper was completed as a requirement of the Post-Master's Program in Advanced Clinical Social Work of Hunter College School of Social Work.     

The therapeutic utilization of canines in a child welfare setting

This article describes the therapeutic use of canines in child welfare work. The chronically rejected child, or those who virtually spend their entire youth in care, tend to develop a withdrawn, depressed, and suspicious posture toward their relations with other people. This ultimately results in their failure to respond to conventional treatment modalities. Under these circumstances, the canine intervention may prove to be a valuable adjunct, helping to develop and to expedite the process of the therapeutic alliance.This article is a revised version of one presented to meet the requirements for the Masters in Social Work Degree from Hunter College School of Social Work.     

Regional patterns of nuptiality in Europe, 1870-1960

Abstract This paper is a study of changes in nuptiality by province in Europe between 1870 and 1960: nuptiality is measured by I(m) a summary measure of the proportions married among women of childbearing age. In each of the approximately 500 provinces of Europe the level of nuptiality increased between 1870 and 1960. In addition, in most countries the differences among provinces diminished over the period, so that the countries were more homogeneous with respect to provincial nuptiality in 1960 than they had been in 1870. Despite this tendency to convergence, traditional regional differences, linked to a common regional history, were often maintained, though within a narrower range.     

Regression of area mortality rates on explanatory variables: what weighting is appropriate?

"One can often gain insight into the aetiology of a disease by relating mortality rates in different areas to explanatory variables. Multiple regression techniques are usually employed, but unweighted least squares may be inappropriate if the areas vary in population size. Also, a fully weighted regression, with weights inversely proportional to binomial sampling variances, is usually too extreme. This paper proposes an intermediate solution via maximum likelihood which takes account of three sources of variation in death rates: sampling error, explanatory variables and unexplained differences between areas. The method is also adapted for logit (death rates), standardized mortality ratios (SMRs) and log (SMRs). Two [United Kingdom] examples are presented."     

Seasonal patterns of fertility measures: theory and data

The distribution of births by month exhibits a seasonal pattern in most populations. The monthly marital fertility rate for an area of Bangladesh provides a good example of the seasonal periodicity. Seasonal patterns of measures of reproduction in a population of married women are considered. Equations are developed that predict the seasonal patterns of these alternative measures under the assumption that the fertility rate (R) follows a trigonometric curve. This is followed by an empirical analysis of the measures in a Bangladesh population that has a pronounced seasonal fertility. The investigation is intended both to validate the theoretical framework developed in the 1st part of the paper as well as to determine whether seasonal variation in actual populations is sufficiently large to affect the alternative measures significantly. 4 measures are considered: pregnancy prevalence (PP)--the proportion of married women who are pregnant at the survey date; mean open birth interval (MOI)--the time from the last live birth to the date of the survey for parous women and from the time of marriage to the date of the survey for nulliparous women; mean closed interval-birth (MCIB)--the mean interval between the last 2 live births for married women who have a birth in the period immediately preceding the survey date; and mean closed interval-woman (MCIW)--the mean interval between the last 2 live births for women who have had at least 2 children by the time of the survey. It is assumed that the seasonal pattern of the fertility rate of a population follows a cosine curve and that there is no trend in annual fertility from year to year. The lag and relative variability of the other measures are considered in comparison with the fertility rate curve. The predictions from this theoretical effort, when compared with observed patterns and trigonometric regression results for each measure in data from Bangladesh, are shown to be quite accurate. The figure and regression results show that R, PP, and MOI have definite seasonal periodicity, but MCIB and MCIW do not display any seasonal patterns. If there is a secular trend in fertility in addition to seasonality, these relationships between the seasonal patterns of the measures may no longer hold. There is a disadvantage to using closed interval measures, for they are unable to detect effects of limiting of childbearing in a population since they are based only on information from women who have births.