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The Grant of Political Asylum Based on China's Population Control Policy

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Please use this identifier to cite or link to this item: http://hdl.handle.net/1928/2919

The Grant of Political Asylum Based on China's Population Control Policy

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dc.contributor.author Molina, Isela
dc.date.accessioned 2007-04-13T21:25:52Z
dc.date.available 2007-04-13T21:25:52Z
dc.date.issued 1999
dc.identifier.uri http://hdl.handle.net/1928/2919
dc.description 44 p. ; An outstanding student paper selected as a Honors Paper. en
dc.description.abstract This article will explore the extent of which Chinese citizens fleeing PRC's "one couple - one child" policy are eligible for asylum under U.S. refugee law. Section II of this article provides an historical analysis of PRC's population control policy. This section addresses the reasoning behind the policy. It also discusses the enforcement mechanisms PRC has implemented to enforce this policy. It focuses on the types of punishment imposed on those who violate the policy. It also discusses what protections, if any, PRC offers to those who object to the policy. Section III analyzes PRC's "one couple - one child" policy with respect to U.S. asylum law. It explores the issue of whether implementation of PRC's "one couple – one child" policy amounts to persecution. It then analyzes the question of whether a person's opposition to this governmental policy amounts to an expression of a political opinion for purposes of qualifying as a refugee. This section also discusses whether claims based on this type of persecution meet the nexus requirement of U.S. refugee law. After analyzing relevant case law, it concludes that certain Chinese aliens fleeing PRC's population control policy, to the extent that they have a well-founded fear of persecution on account of political opinion, should be eligible for asylum. In 1996 §601(a) of the Illegal Immigration Reform and Immigrant Responsibility Act amended the refugee definition of §101(a)(42) of the Refugee Act to include involuntary sterilization or abortion as a form of persecution. Section IV of this article analyzes the regulatory and legislative history of this amendment. It also discusses the effects this amendment has had on refugee policy and analyzes what new issues now arise as a result of the change in the definition of refugee. Section V concludes with a discussion of international human rights law with respect to the right to found a family. It analyzes whether current U.S. refugee law in regard to PRC's population control policy is consistent with the humanitarian concerns and purposes of the 1967 Protocol Relating to the Status of Refugees. en_US
dc.description.sponsorship University of New Mexico School of Law en
dc.format.extent 1756712 bytes
dc.format.mimetype application/pdf
dc.language.iso en_US en_US
dc.subject China en_US
dc.subject Population Control Policy en_US
dc.subject Refugees en_US
dc.subject Political Asylum en_US
dc.subject United States en_US
dc.subject Refugee Law en_US
dc.subject Asylum Law en_US
dc.subject Federal Case Law en_US
dc.subject Illegal Immigration Reform and Immigrant Responsibility Act en_US
dc.subject Protocol Relating to the Status of Refugees (1967) en_US
dc.subject International Human Rights Law en_US
dc.subject Nexus Requirement en_US
dc.title The Grant of Political Asylum Based on China's Population Control Policy en_US
dc.type Other en_US


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