It is widely accepted that states have a right to control immigration, but must accept refugees at risk in their home countries. If this is true, perhaps states have a right to deport refugees once their lives are no longer at risk in their home countries. I raise three types of arguments against this claim, and in support of refugees’ right to remain. Citizenship-based arguments hold that refugees have a right to obtain citizenship, and with citizenship comes the right to (...) remain. Plans-based arguments hold that refugees have a right to plan their lives, and they will struggle to plan without the right to remain. Reciprocity-based arguments hold that refugees have a right to reciprocal relationships with citizens, far easier if they know they can remain. I reject the first two arguments, and defend the third. (shrink)

What is special about refugees? In this paper, I argue that the two main accounts of who should count as a refugee have major shortcomings. The first, based on protection from persecution, is too n...

The application of human right frameworks is an increasingly important part of efforts to accelerate progress in global mental health. Much of this has been driven by several influential legal and policy instruments, most notably the United Nations’ Convention on the Rights of Persons with Disabilities, as well as the World Health Organization’s QualityRights Tool Kit and Mental Health Action Plan. Despite these significant developments, however, much more needs to be done to prevent human rights violations. This chapter focuses on (...) a critical component of this broader challenge, which is the question of how best to regulate and reduce the use of coercive measures. The recent literature on coercion in psychiatry – which addresses involuntary commitment, seclusion, restraint, and forced medication – represents a useful resource that can help guide tractable solutions in global mental health. These issues are evaluated from the perspective of global health governance, and several general recommendations are made in order to improve monitoring and enforcement, provide guidance for domestic legislative reform, and strengthen health systems. (shrink)

This paper argues against the idea of climate change refugeehood. Drawing on political realism, it reconstructs the idea and function of refugeehood in international politics. Refugees are not the agencyless victims merely in search of rescue by states of the Global North, as the idea of climate refugeehood as a form of humanitarian refugeehood would have it. Nor are they simply a function of reparative justice, or of defending international state legitimacy. To liberal democracies, refugees are those fleeing political oppression. (...) They hold an important political function in inter-state relations in undermining rival political systems and strengthening liberal democratic regimes, both ideally and materially. The idea of climate refugeehood collides with the role refugeehood plays in international politics, the reasons for their admission, and the conceptualization of their plight and function. It ought, hence, to be rejected. (shrink)

Even though human smuggling is one of the central topics of contention in the political discourse about immigration, it has received virtually no attention from moral philosophy. This article aims...

The current practices of refugee protection refugees largely leave the burdens of the refugee regime to lie where they fall. Those states which are geographically proximate to refugee-producing regions, already amongst the least advantaged, bear the bulk of these burdens. In this paper, I critically assess two proposals which seek to address this maldistribution: a market in asylum services and a principle of comparative advantage. I argue that from the standpoint of justice, these proposals share two objectionable features. First, they (...) enable relations of domination between states, because they ignore the background relations of inequality upon which they depend for their effectiveness. Second, they institute an injustice of ‘misframing,’ in that they preclude consideration of refugees’ legitimate claims to be hosted (or not to be hosted) in a particular state. The failings of these approaches are illuminating and, I argue, provide us with some theoretical desiderata for a positive account of justice in the distribution of responsibilities to refugees. (shrink)

Many authors argue that refugees should be enfranchised independently of citizenship. The enfranchisement of refugees is often seen as crucial for affirming their agency in the politics of asylum. However, most arguments in the literature do not explain why precisely it matters that they exercise their agency in the realm of democratic decision-making, i.e. why it matters that refugees participate in collectively wielding the public power to which they are subjected, rather than passively enjoy protection against the excessive and intrusive (...) exercise of this power. This leaves it unclear what value refugee enfranchisement realises precisely, and what function or role it is meant to play within the overall provision of asylum. My goal is to propose a plausible explanation of the significance of democratic inclusion from the viewpoint of refugees' agency. I argue that refugee enfranchisement affirms refugees' agency by advancing their interest in acting as makers of justice within the political context in which they find themselves. (shrink)

This paper discusses a recent turn in the ethics of refugee resettlement which involves taking the interests of refugees themselves into account in the distribution of refugees among potential refugee receiving countries. It argues that there is an important category of interest that does not align with the two commonly held views on what is owed to refugees: ‘safety’ or ‘conditions of a good life’. This category, focussing on the refugees’ interests in not being subjected to a variety of non-asylum-grounding (...) injustices, should, by default, take precedence in the assessment of the refugee-based reasons in refugee resettlement. The normative salience of this category – not being subjected to injustice – is illustrated with the help of the case of LGBTIQ+ refugees, and the kinds of injustices they may be subject to in countries that provide them with asylum. (shrink)

Most refugees residing in the European Union (EU) do not retain their voting rights in states of origin or lack the means to exercise them effectively. Most member states of the EU do not extend voting rights to refugees. This leaves a large population of refugees residing within the borders of the EU in a unique state of disenfranchisement. In this article, I consider this problem from a democratic perspective. Should refugees in the EU have voting rights? My answer turns (...) on three aspects characterizing the circumstances of refugees: First, refugees reside in member states for an indeterminate, and typically protracted, amount of time without any exit options. Second, the political governance of the EU and its member states significantly shapes the lives of refugees. And third, refugees lack effective voting rights, and consequently, a meaningful political membership, in any political community across the world. In turn, based on an all-subjected principle of democratic inclusion, I argue that refugees should be secured state-level voting rights in member states, albeit with a condition of the period of residency. Moreover, they should have immediate voting rights at the supranational institutions of the EU such as the European Parliament. (shrink)

Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or national governments, constraints on enforcement (...) by substate governments, and constraints on the actions of individuals. I show that there are significant limits on what states may do and what they may require substate governments and individuals to do, in enforcing their immigration laws, but that these constraints are not clearly incompatible with significant state discretion in setting immigration policy. Nonetheless, consideration of justice in enforcement is necessary for any complete normative account of immigration. (shrink)

What is political about political refugeehood? Theorists have assumed that refugees are special because their specific predicament as those who are persecuted sets them aside from other “necessitous strangers.” Persecution is a special form of wrongful harm that marks the repudiation of a person's political membership and that cannot—contrary to certain other harms—be remedied where they are. It makes asylum necessary as a specific remedial institution. In this article, I argue that this is correct. Yet, the connection between political membership, (...) its repudiation, and persecution is far from clear. Drawing on normative political thought and research on autocracies, repression, and migration studies, I show that it is political oppression that marks the repudiation of political membership and leads to various forms of repression that can equally not be remedied at home. A truly political account moves away from persecution and endorses political oppression as the normative pillar of refugeehood and asylum. (shrink)

Since 2015 millions of migrants have paid smugglers to take them across borders. In response, states have increasingly arrested smugglers, hoping to morally condemn smuggling, and to decrease the rate of inward migration. This article argues that, even if a state is justified in morally condemning smuggling, and justified in decreasing inward migration, arresting smugglers is a disproportionate response for reaching these ends.

ABSTRACTOn 4 September 2015 asylum seekers who got stranded in Budapest’s Keleti train station began a march to cross the Austrian border. Their aim was to reach Germany and Sweden where they believed their asylum claims would be better received. In this article, I argue that the march should be characterized as an act of civil disobedience. This claim may seem to contradict common convictions regarding acts of civil disobedience as well as asylum seekers. The most common justifications are given (...) with reference to moral rights of citizens and concerns for enhancing justice or democracy within states. Asylum seekers are not members of the European public. How can they be entitled to break the law? I first show that the march displays features of a paradigm case of civil disobedience. Then, I identify moral reasons for asylum seekers to carry out the march acceptable from both strong and weak cosmopolitan perspectives. After that, I point out its corrective, stabilizing and democracy-enhancing roles in the European political landscape. I conclude by emphasizing that conceptualizing the march as an act of civil disobedience is significant in recognizing asylum seekers as political agents making claims within an evolving framework of refugee protection. (shrink)

This paper examines potential responses to emerging ‘climate refugee’ justice issues. ‘Climate refugee’ describes migrants forced to flee their homeland due to losses and damages brought about by events linked to global climate change. These include losses and damages due to extreme weather events, severe droughts and floods, sea-level rise, and an array of pollutant contamination issues. A paradigm case if climate refugeedom is seen in the influx of Peruvian immigrants into various North American cities; seeking asylum after losing access (...) to water and agricultural resources after heavy metals were released through rapid glacial melting and contaminated these necessities in recent years. -/- The main discussion begins with a sketch of the scientific picture of the causal genesis of the apparently worsening “climate refugee crisis” and a concise discussion of new climate science research methods, Probabilistic Event Attribution studies (PEAs), that many agree can be used to determine the liability of certain countries for particular extreme events due to climate change (§1). Against that background, and after providing clarifications regarding the distinction between ‘climate refugee’ and ‘environmental refugee’ (§2), I then discuss key ethical and political issues that are unique to climate refugee cases (§3). Subsequently, I critically assess options for helping climate refugees through existing institutions (§4). I endorse pursuing responses to the most pressing climate refugee problems through the provisions for addressing climate change “losses and damages” in the 2016 UN Framework Convention on Climate Change, “Paris Agreement”; which outlines “risk sharing” protocol that I contend can be used to help climate refugees who are not currently subject to existing UN policies designed to help other types of refugees (e.g. those fleeing from persecution or war). I conclude by outlining a number of ways that PEAs may aid in effectively implementing those losses and damages provisions. (shrink)

Many affluent states seek to discharge their responsibilities to refugees through extraterritorial policies, which limit the number of refugees that they admit whilst contributing to protection in...

Many affluent states seek to discharge their responsibilities to refugees through extraterritorial policies, which limit the number of refugees that they admit whilst contributing to protection in a third country. Is this morally permissible? I argue that under non-ideal circumstances, where states’ non-compliance with their duties to refugees are persistent, such policies can be permissible. However, extraterritorial protection must satisfy two conditions. First, it must come about through bilateral or multilateral agreements. Second, the protection provided must allow for full integration (...) in a new society. I argue that the lower the costs a state bears for admitting refugees to its territory, the higher its contribution to extraterritorial protection must be. This notion of costs is illustrated by exemplifying how refugee admission may impose costs to the self-determination and equality of the hosting state. (shrink)

Asylum seekers are rarely treated with respect. This is perhaps especially true of institutions that adjudicate the extension of refugee status. In asylum interviews, those seeking refuge are sometimes asked to reveal deeply upsetting stories of their persecution while facing hostility and distrust from their interviewers. I argue that this arises from a failure to properly balance respect with fairness. A maximally fair scheme may not promote respect because ‘fairness-first’ systems require extensive information to make their judgements. A maximally respectful (...) system might be unfair: without any questioning, some may free-ride on the trust of others. This article argues that we often place too much emphasis on fairness to the detriment of respect, with a particular focus on the asylum interview. First, I outline the limited discussion of asylum interviews in political philosophy. Second, I consider striking a ‘dynamic balance’ between fairness and respect, as set out by Jonathan Wolff. Third, I argue that a highly idealised version of contemporary asylum interviews puts fairness first at the cost of respect. This fairness-first model leads to respect deficits in how asylum seekers are treated. Finally, I consider what a respectful asylum determination system might look like, offering three possible routes: civility, humility, and abolition. (shrink)

Temporariness has become the norm in contemporary refugee protection. Many refugees face extended periods of time waiting for permanent status, either in camps or living among citizens in their state of asylum. Whilst this practice of keeping refugees waiting is of benefit to states, I argue that not only is it harmful to refugees but it also constitutes an injustice. First, I outline the prevalence of temporary assistance in the refugee protection regime. Second, I outline the orthodox view on temporary (...) refugee protection – it is acceptable as long as it is not indefinite. I then spend the remainder of the article considering four arguments against temporary refugee protection: the plan argument, the reciprocity argument, the domination argument, and the compounding injustice argument. I contend that the first two arguments, which already feature in the literature, merely show that temporary protection is harmful to refugees. My own arguments on domination and compounding injustice show, instead, that giving refugees temporary protection constitutes an injustice. The domination argument allows us to critique the current practice of temporary refugee protection, whereas the compounding injustice argument shows that temporariness in any form constitutes an injustice. (shrink)

The number of refugees in the world amounts to more than one percent of the entire world population. This essay is an attempt to think about this question and assess the literature that addresses it, especially from the standpoint of ethics and political theory, and a grounding in real-world problems. The paper is intended as an introductory discussion for those interested in the debates about who should qualify for refugee status, especially in light of the predicament of Central Americans fleeing (...) from the disorder. It pays special attention to the claim that the US has reparative obligations to Central American countries owing to US interventionist policies. (shrink)

In the literature on refugeehood in political theory, there has been a recent turn towards what have been called “state system legitimacy” views. These views derive an account of states’ obligations to refugees from a broader picture of the conditions for international legitimacy. This paper seeks to develop the state system legitimacy view of refugeehood by subjecting the most developed version of it—the account developed by David Owen—to critical scrutiny. We diagnose an ambiguity in Owen’s theory of refugeehood, in the (...) concept of political membership, and unpack the implications of this ambiguity for state system legitimacy views. First, we reconstruct the key aspects of Owen’s account of refugeehood and show how it represents an advance over competing theories. Then we discuss the methodological underpinnings of Owen’s account, showing the constraints and opportunities faced by state system legitimacy views. Next, we raise some problems for the conceptual distinctions that Owen develops between different types of refugee protection: asylum, sanctuary, and refuge. The underlying feature that leads to these problems is an ambiguity in the concept of political membership, which is at the core of Owen’s view of refugeehood. Finally, we distinguish two interpretations of political membership in the institution of refugeehood and chart out some possible ways forward for state system legitimacy views. The critique developed here is a sympathetic one, aimed at the further development of state system legitimacy views. (shrink)

Even though human smuggling is one of the central topics of contention in the political discourse about immigration, it has received virtually no attention from moral philosophy. This article aims to fill this gap and provide a moral analysis of commercial human smuggling. The article accomplishes this by analyzing whether the moral outrage against human smugglers during the European refugee crisis can be justified. To do this, the article first analyzes whether (commercial) human smuggling is inherently wrong. Answering this question (...) in the negative, this article then asks whether the wholesale condemnation of human smuggling in the European case can nevertheless be justified by recourse to a nation-state’s purported right to political self-determination. (shrink)

This article seeks to advance the discussions on our moral obligations towards refugees of protracted crises by proposing a nuanced application of outcome responsibility. Differentiating causal and outcome responsibility through intention, involvement, and side-taking principles has both symbolic and practical significance in assigning reparative and remedial duties. The framework utilizes domestic analogies to help explain the refined version of these two responsibility types. It examines the Syrian crisis within this paradigm to offer a clearer understanding of the actors that are (...) ‘morally obligated and more likely’ to help. This argument addresses political communities instead of their states, emphasizing their pivotal role as bearers of the consequences of state decisions. Employing an outcome responsibility-based sense of ethical duty (ORSED) can foster more inclusive and welcoming environments, mitigating resentment regardless of border controls or burden allocation. (shrink)