The aim of this paper is to examine whether it is morally wrong to ban only male citizens from leaving a country in wartime, and if it is, why it is the case. Following Russia’s invasion of Ukraine, President Volodymyr Zelensky declared martial law and ordered general mobilization, at the same time prohibiting male citizens aged 18 to 60 from crossing the border. The justifiability of the ban is in dispute, and opponents have made a case in both legal and (...) moral dimensions. In the moral dimension, there are arguments based on consequentialism, individual freedom, and fairness or non-discrimination. In this paper, I focus on the third argument and argue that the ban unfairly and morally wrongfully discriminates against male Ukraine citizens on the basis of their gender. First, I define discrimination and apply it to our case. Second, moving from the descriptive definition of discrimination to its moral wrongness, I argue that the male-only ban is unfair and morally unjustified. Third, I argue that the ban can also be deemed morally wrong from one of the prominent views in the field of the ethics of discrimination, namely the deliberative freedom view. (shrink)

Fleeing is an act to which we have attributed different kinds of moral evaluations. It has been associated with virtues such as prudence. At the same time, it has often been seen as a sign of cowardice and irresponsibility. Law in our age sometimes restricts our freedom to flee from danger, even against an individual’s will, as we have all witnessed in the recent war in Ukraine. Here lies the dilemma of the right to flee. Every individual has an interest (...) in fleeing from danger to life and physical security. If so, then no one ought to be prevented from fleeing from danger. However, there are individuals who are unable to flee by themselves. Since life and physical security are equally valuable for all, including these vulnerable individuals, the government also has a positive duty of protecting all from the cause of danger. This could mean that the government needs to coerce its able-bodied citizens to sacrifice their lives and limbs to eliminate the cause of danger for the protection of their vulnerable compatriots. If so, then the right to flee would be a right only for the vulnerable. In this paper, I challenge a citizen’s duty to fight for his or her nation and defend the position that everyone (including able-bodied citizens) has the right to flee from danger. First, I clarify the ground and scope of the right to flee, which I defend here. Second, I examine possible arguments for the government’s restriction of the right to flee and coercion of its citizens to fight for their nation, which are based on two of the most promising contentions for political obligation (i. e., a natural duty of justice and fairness). Third, after showing the failure of these, I elaborate further on who ought to discharge what kind of responsibilities to enforce the protection of the right to flee for all in our international society. Finally, I respond to two possible objections to my position. (shrink)