Since psychology and religion share the same ground in terms of providing explanations about the human being, many religious teachings also contain psychological descriptions. Islamic civilization, which has existed in vast geographies for centuries, offers unique sources to explain human feelings, thoughts, and behaviors. Scientific Western psychology has asserted important theories and researches in understanding human beings. Today, Western psychology needs to be enriched with new perspectives to make more comprehensive explanations about people with different cultural backgrounds. Written by Sevde Düzgüner, this book is the product of an effort to discuss the human model of Islam and the human theories of psychology with a complementary approach. This book recommends methodological points that must be considered while studying both fields. It also attempts to draw a a road map for further studies by determining the areas where Islamic psychology could contribute to Western psychology.
Sevde Düzgüner, Ph.D. (2013), Necmettin Erbakan University, is assistant professor at Marmara University. She has published books and articles on religion and spirituality, spiritual counseling and guidance, İslamic psychology and a book chapter entitled “Characteristic Themes in Psychology of Religion in Turkey” in Psychology of Religion in Turkey (Brill, 2015).
Contents
Preface List of Abbreviations
1 Setting the Stage: The Prohibition of Collective Expulsion as Guarantor of Migrants’ Rights
1 Balancing State Sovereignty and Migrants’ Rights in International Law
2 Tracing the Historical Significance of the Prohibition of Collective Expulsion
3 The Application of the Prohibition of Collective Expulsion on a Global Level
4 The Distinction between Collective and Mass Expulsion: Unpacking the Terminology
5 The Aim and Roadmap of This Book
2 Defining the Substance: Key Elements of the Prohibition of Collective Expulsion
1 The Definition of the Personal Scope of Protection of the Prohibition of Collective Expulsion
1.1 The European Convention on Human Rights
1.2 The African Charter on Human and Peoples’s Rights
1.3 The Inter-American Convention on Human Rights
1.4 The Arab Charter on Human Rights and the Commonwealth of Independent States Convention on Human Rights and Fundamental Freedoms
1.5 The Migrant Worker Convention
1.6 The International Covenant on Civil and Political Rights
1.7 Conclusions on the Definition of the Personal Scope of Protection
2 The Definition of “Collective” in the Prohibition of Collective Expulsion
2.1 Determining Factors for the Collective Nature of an Expulsion
2.1.1 Identical Terms of Expulsion Orders
2.1.2 Size of the Group
2.1.3 Connective Element
2.2 Conclusions on the Definition of “Collective”
3 The Definition of “Prohibition” in the Prohibition of Collective Expulsion
4 The Definition of “Expulsion” in the Prohibition of Collective Expulsion
5 Conclusions on the Material Elements of the Prohibition of Collective Expulsion
3 Procedural Protections against Collective Expulsio
1 Minimum Procedural Protection Standards in Expulsion Procedures
2 Procedural Protection Standards in the Prohibition of Collective Expulsion
2.1 Article 4 Protocol 4 European Convention on Human Rights
2.1.1 Procedural Protections in the Drafting Process of Article 4 Protocol 4 ECHR
2.1.2 Procedural Protections in the Case Law on Article 4 Protocol 4 ECHR
2.1.3 Conclusions on Procedural Protections in Article 4 Protocol 4 ECHR
2.2 Article 19(1) EU Charter of Fundamental Rights
2.3 Article 22(9) Inter-American Convention on Human Rights
2.4 Article 12(5) African Charter on Human and Peoples’ Rights
2.5 Article 13 International Covenant on Civil and Political Rights
2.6 Article 22(1) UN Migrant Worker Convention
2.7 Article 3 Convention against Torture
3 Conclusion on Procedural Protection Standards against Collective Expulsion
4 The Prohibition in Global Context: The Role of the Principle in Human Rights Law
1 The Prohibition of Collective Expulsion as an Interrelated Individual Right: Balancing Individual and Group Dimensions
2 The Protection of Groups of Migrants in Public International Law
3 Non-refoulement and the Prohibition of Collective Expulsion: Intersecting Pillars of Protection in International Human Rights Law
3.1 Intersecting Safeguards: The Prohibition of Collective Expulsion and Non-refoulement in Regional Human Rights Frameworks
3.2 Intersecting Safeguards: The Prohibition of Collective Expulsion and Non-refoulement in International Human Rights Frameworks
4 The Interconnectedness of the Prohibition of Collective Expulsion and Other Human Rights
4.1 The Relationship between the Prohibition of Collective Expulsion and the Prohibition to Expel Lawfully Resident Foreigners
4.2 The Relationship between the Prohibition of Collective Expulsion, Fair Trial, and Due Process Rights
4.3 The Relationship between the Prohibition of Collective Expulsion and the Prohibition of Discrimination
5 Conclusions on the Role of the Prohibition of Collective Expulsion within the Human Rights System
5 Conclusion and Future Reflections
1 Conclusions and Core Findings
2 Future Reflections on Migration in Today’s World
Bibliography Cases Index of Terms
Theologians, psychologists and all interested in psychological studies of religion, religious psychology, and Islamic psychology. Specifically, psychologists, psychotherapists, counsellors, spiritual care givers, and social service experts who work with Muslim clients.