The asylum system faces problems on two fronts. States undermine it with populist politics, and migrants use it to satisfy their migration preferences. To address these problems, asylum services should be commodified. States should be able to pay other states to provide determination and protection-elsewhere. In this article, I aim to identify a way of implementing this idea that is both feasible and desirable. First, I sketch a policy proposal for a commodification of asylum services. Then, I (...) argue that this policy proposal is not only compatible with the right to asylum, but also supported by moral considerations. Despite some undesirable moral features, a market in asylum facilitates the provision of asylum to those who need it. (shrink)

A credible fear test is an in-depth interview process given to undocumented people of any age arriving at a U.S. port of entry to determine qualification for asylum-seeking. Credible fear tests as a typical immigration procedure demonstrate not only what structural epistemic violence looks like but also how this violence lives in and through the design of asylum policy. Key terms of credible fear tests such as “significant possibility,” “evidence,” “consistency,” and “credibility” can never be neutral in the (...) context of colonial administrative violence. We argue that these terms function as mechanisms of exclusion and demonstrate that the capacity to be violent (i.e. to be an instrument of violence) is built into these tests, ready to be deployed when an administration wants to stop certain people from certain places from entering without regard to their own ongoing occupation of Indigenous lands. Not only are such practices instruments of violence, but the concept of ‘violence’ continues to be organized, defined, and conceived within settler colonial epistemologies so as to exclude these administrative forms of violence deployed against Indigenous peoples and people of color from recognition and nameability. We argue that this is an intentional strategy of colonial power preservation that is functionalized through social processes that remain structurally stable and self-regenerating across historical and political changes. (shrink)

Hannah Arendt argued that refugees pose a major problem for liberalism. Most liberal theorists endorse the idea of human rights. At the same time, liberalism takes the existence of sovereign states for granted. When large numbers of people petition a liberal state for asylum, Arendt argued, these two commitments will come into conflict. An unwavering respect for human rights would mean that no refugee is ever turned away. Being sovereign, however, allows states to control their borders. States supposedly committed (...) to human rights will thus often violate the rights of refugees by denying them entry. I attempt to defend liberalism from Arendt’s criticism by outlining a rights-based model of asylum that is enforceable by sovereign states. This approach avoids the question of what border-enforcement measures, if any, are defensible at the level of ideal justice, and instead seeks to outline a framework of refugee rights that can be realized in a world in which migration controls are a fact of life. Central to my argument is a distinction between the place where a person is recognized as a rights-bearing agent and the potentially different place where he or she exercises those rights. (shrink)

This research note argues that political theorists of refuge ought to consider the experiences of refugees after they have received asylum in the Global North. Currently, much of the literature concerning the duties of states towards refugees implicitly adopts a blanket approach, rather than considering how varied identities may affect the remedies available to displaced people. Given the prevalence of racism, xenophobia, and homophobia in the Global North, and the growing norm of dissident persecution in foreign territory, protection is (...) not guaranteed after either territorial or legal admission. This research note considers the case of LGBTQ refugees in order to demonstrate the analytical potential of more inclusive and diverse normative approaches. Taking the origin and extension of harm seriously requires a conceptualization of sanctuary after asylum that accurately reflects the experiences of the displaced. In doing so, questions arise regarding the nature and efficacy of territorial asylum. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at (...) stake. I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

This article addresses the question of how ‘Country of Origin Information’ reports—that is, research developed and used to support decision-making in the asylum process—can be published in an ethical manner. The article focuses on the risk that published COI reports could be misused and thereby harm the subjects of the reports and/or those involved in their development. It supports a situational approach to assessing data ethics when publishing COI reports, whereby COI service providers must weigh up the benefits and (...) harms of publication based, inter alia, on the foreseeability and probability of harm due to potential misuse of the research, the public good nature of the research, and the need to balance the rights and duties of the various actors in the asylum process, including asylum seekers themselves. Although this article focuses on the specific question of ‘how to publish COI reports in an ethical manner’, it also intends to promote further research on data ethics in the asylum process, particularly in relation to refugees, where more foundational issues should be considered. (shrink)

In this article we examine the role of Entscheider (decision-makers) in the German asylum procedure, both legally and ethical. As the responsibility for deciding on asylum applications lies exclusively with them, their significance for the German asylum procedure can hardly be underestimated. However, over the last few decades the situation of Entscheider changed significantly: While the number and complexity of the cases they have to decide on has increased due to the growing immigration, the requirements for their (...) education have been lowered, owed to critical amendments to the relevant law. We analyze how the law currently defines the role of Entscheider, whether the legal framework is constitutional, and what modifications morality requires. Although the law defining their role seems to be constitutional, Entscheider’s education must be improved and they must be entrusted with the hearing of the applicants to meet what morality requires, we conclude. DOI: 10.17879/95189429199. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of persons (...) "outside their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

Marie Oldfield, Pro Bono Economics & Refugee Council. Over half the total applications for asylum the UK receives each year are initially rejected, yet nearly a third of these initial rejections are subsequently overturned on appeal. This process that fails to get decisions right first time imposes significant costs, not just on the applicants themselves, but also more widely on UK taxpayers. Asylum seekers are not entitled to welfare benefits nor employment except in some limited cases, and are (...) often placed in unsuitable conditions with lack of appropriate support to prepare their case for asylum. These unfortunate circumstances mean that they are unable to gather and present all the required evidence first time, even when the case for asylum is legitimate. As a result, the application is rejected and thus begins a cycle of appeals that might eventually lead to a successful outcome for the asylum seeker but will, in the process, burden the taxpayer with unnecessary administrative cost and cause the asylum seeker needless distress and prevent them from accessing suitable economic opportunities. • Our study estimates that there are approximately 4,000 initial rejections that are successfully appealed each year and, with each appeal incurring direct administrative costs of around £1,000, the price tag of incorrect initial decisions adds up to a hefty £4 million per year in unnecessary administrative costs alone. • There are other costs, too, that negatively impact asylum seekers and taxpayers, albeit in a more indirect manner. The longer the appeals process is dragged out, the more delay there is to successful asylum seekers entering the labour market which means lost economic activity and forgone tax revenue for the Exchequer. Long periods of unemployment also result in skills attrition and lower the probability of the asylum seeker successfully entering the labour market in the future. • A lengthy appeals process heightens stress and worsens mental health in asylum seekers, a group arguably already more vulnerable on this front. Unnecessary human suffering aside, there is also a monetary cost borne by the taxpayer should NHS mental health services become involved. Thus, there is a pressing and viable case for providing asylum seekers a stable environment in which to complete their applications for asylum. This would increase the likelihood of reaching correct decisions in the first instance, avoid unnecessary administrative costs of an arduous appeals process, enable successful asylum seekers to access the labour market and contribute to the Exchequer, and avoid placing extra demands on already strained NHS mental health services. (shrink)

Mens rea means a guilty mind; guilty knowledge and wilfulness without clear permission to do so. The 1924 Declaration of the Rights of the Child and the 1948 Universal Declaration of Human Rights, followed by the 1959 Declaration of the Rights of the Child have all been ignored by the UK Home Secretary and the UK Prime Minister. These universal laws place the child in the nexus of the State, the parents, and the broader society. The 1959 Declaration claims in (...) its Preamble, that “mankind owes to the child the best it has to give” and it contains ten principles outlining numerous rights of children. See also, Philip Alston, “The Best Interests Principles towards a reconciliation of culture and human rights”, (1994), 8, International Journal of Law and the Family, 1-25, 6. -/- . (shrink)

In a rather long piece which an exhibition catalog has called „catholic propaganda”(Busch & Maisak, 2013, p. 342), Guido Görres reflected on madness and art, using Kaulbach’s iconic 1835 drawing of asylum inmates (Das Narrenhaus) as pretext. Görres wrote of “this hospital of the human spirit (…), this charnel ground of the living, who like specters roam, wearing on their foreheads the faded and almost illegible traces of their former names.”1(1836, p. 9). Overdramatic prose, but unlikely to strike one (...) as unprecedented. If anything, it has long been customary to exhibit a mix of fascination and revulsion when discussing the institutions which in the past two centuries at the same time sheltered and shattered those deemed mentally ill. (shrink)

The poem gives a voice to many refugees who died crossing borders and many more asylum seekers who will lose their lives crossing international borders.

This paper argues that potential cases of oppression, such as sex trafficking, can sometimes comprise autonomous choices by the trafficked individuals. This issue still divides radical from liberal feminists, with the former wanting to ‘rescue’ the ‘victims’ and the latter insisting that there might be good reasons for ‘hiding from the rescuers.’ This article presents new arguments for the liberal approach and raises two demands: first, help organizations should be run by affected women and be open-minded about whether or not (...) the trafficked individuals should remain in the sex industry. Second, the career choices of trafficked individuals should be expanded by the introduction of an opportunity-extending right to asylum. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

In answering my undergraduate students’ questions about what I do, I keep coming back to the term structural epistemology. If some students push me further to not hide behind terms, I tell them: I study structures (social, political, and cultural institutions and arrangements)—not all of them at the same time, obviously—and what they do to our knowledge practices (what we know and how we know). And I give some examples: how refugee regimes know “persecution,” I tell them, matters, particularly for (...) asylum seekers. I also tell them that mine is a kind of structural epistemology guided by structural concerns in women of color feminist theories. This essay is a long way of answering the question: What do I do when I do structural epistemology? I consider this question to be an important one not only as part of an effort to rethink what I take myself to be doing in professional philosophy but also as an effort to characterize commitments and strategies I am influenced by and work with as a structural epistemologist. (shrink)

With the rise of populism, European solidarity risks being eroded by a clash of solidarities based on nation and religion. Ranging from hospitality to hostility, ‘refugees welcome’ to ‘close the borders’, asylum seekers from Syria and other war-torn countries test the very ideas upon which the EU was founded: human rights, tolerance and the free movement of people. European solidarity is not only rooted in philosophical ideas of equality and freedom but also in the memory of nationalism, war and (...) violence. The response to refugees seeking asylum into Europe cannot only be resolved by appealing to emotions, moral sentiments and a politics of pity. Disenchantment with government, fear of terrorism and resentment towards foreigners weaken European solidarity at a time when it is needed most. (shrink)

Every day nurses are required to make ethical decisions in the course of caring for their patients. Ethics in Nursing Practice provides the background necessary to understand ethical decision making and its implications for patient care. The authors focus on the individual nurse’s responsibilities, as well as considering the wider issues affecting patients, colleagues and society as a whole. This third edition is fully updated, and takes into account recent changes in ICN position statements, WHO documents, as well as addressing (...) current issues in healthcare, such as providing for the health and care needs of refugees and asylum seekers, bioethics and the enforcement of nursing codes. (shrink)

I suggest that virtue ethics can learn from Foucault’s critical observations on biopolitics and governmentality, which identify how a good cannot be disassociated from power and freedom. I chart a way through which virtue ethics internalizes this critical point. I argue that this helps address concerns that both virtue ethics and the critical scholarship inspired by Foucault otherwise ignore. I apply virtue ethics to the contexts of refugee arrival, asylum procedure, and immigrant integration in Western Europe; I then see (...) how Foucault’s critical thought provides a counterpoint to virtue ethics; I finally analyze how incorporating that critique allows virtue ethics to make sense of both the context and the stakes involved. (shrink)

Since 2023, the UK government's response to the “migrant crisis” has revolved around two controversial flagship policies: the deportation of asylum seekers to Rwanda, and the detention of migrants aboard a giant barge. In this short article, I examine the colonial and gendered dimensions of the two policies, finding them to be examples of the coloniality of gender. What this indicates, I suggest, is that the purpose of these policies is not merely to deter potential migrants—particularly LGBTQIA+ migrants—but also (...) to create a political narrative that allows the Conservative Party to garner right-wing votes by participating in high-profile culture wars; namely, the debate over transgender rights and the debate over how the UK should reckon with its imperial past. (shrink)

This article focuses on the so-called “Area of Freedom, Security and Justice” (ASFJ), namely the policy field of the European Union (EU) that covers judicial and police cooperation, migration and asylum policies and the control of external borders. The article explores how the AFSJ has emerged and how, within it, the relationship between freedom and security has evolved over time and brought about a shift towards a “Security Union”.

Foucault’s participation in the 1954 carnival of the mad at an asylum in Switzerland marked the beginning of his critical reflections on the origins of psychology. The event revealed a paradox at the heart of psychology to Foucault, for here was an asylum known for its progressive method and groundbreaking scientific research that was somehow still exhibiting traces of a medieval conception of madness. Using the cultural expression of this carnival as a starting place, this paper goes beyond (...) carnival costumes to uncover the historical structures underneath the discipline of modern psychology. Drawing on Foucault’s earliest works in psychology, his 1954 Mental Illness and Personality, his 1954 “Dream, Existence and Imagination,” his 1957 “Scientific Research and Psychology” and briefly his 1961 History of Madness, I will describe the discrepancy between the theory of modern psychology, which finds its heritage in the methods of modern science, and the practice of modern psychology, which finds its heritage in the classical age. I will argue that this division helps make sense of unexplained psychological phenomena, as seen in general practices related to artistic expression, and individual experiences, as seen in the presence of guilt and the resistance to medical diagnosis in patients. (shrink)

The paper focuses on the issue of truth-telling in non-fictional narratives of (in)justice. Based on examples of rape narratives, domestic abuse narratives, human trafficking narratives and asylum seeker narratives, I examine the various difficulties in telling the truth in such stories, particularly those related to various culturally conditioned ideas of how the world works, which at the same time form the basis of, among other things, legal discourse and officials’ decision-making processes. I will also demonstrate that such culturally conditioned (...) ideas, which are the basis of official discourse, can be considered within the category of both the social imaginary of the just world in the Taylorian sense of the term, and the social master narrative, which in the case of stories of (in)justice is often based on the just world hypothesis. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their accounts, (...) it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

In July 1759 the French philosopher Andre´ Pierre Le Guay de Prémontval (1716-1764) published in Berlin a diatribe against the excessive and incorrect use of French in the Prussian capital. Far from being a mere guide to linguistic style, the Préservatif contre la corruption de la langue françoise generated a heated debate, attested by an official threat to ban its publication. The personal animosity between Prémontval and the perpetual secretary of the Berlin Academy, Jean Henri Samuel Formey (1711-1797) was amply (...) demonstrated over the pages of the Préservatif, offering a rare insight into the complex web of social and intellectual tensions in mid eighteenth-century Berlin and its Academy of Sciences. At stake were the social status and the philosophical outlook of local Huguenots, compared to that of French philosophers who were granted asylum in Prussia by Frederick II. The debate also concerned the issues of academic freedom in an absolutist regime, the material production and distribution of texts, conduct and etiquette in the Republic of Letters and the formation of group identities in eighteenth-century Germany. Drawing on manuscripts preserved in Berlin, Göttingen and Krakow, this article traces the development of the controversy and the reception of Prémontval’s work by both French- and German- writing authors at the Berlin Academy and beyond its confines. (shrink)

After the outbreak of the Covid-19 pandemic, most states enacted new measures to constrain international mobility. By May 8th, 2020, more than 93% of the world’s population lived in states with special entry bans and more than three billion lived in countries whose borders were almost completely closed to non-citizens. Can such measures be justified? If so, would this undermine the open borders view? This paper examines these questions. It argues, first, that, although short-term entry bans and other similar measures (...) designed to protect public health can be justified, these bans need to be designed with a number of exemptions, in particular, for asylum seekers and refugees. Even in times of pandemic, completely closed borders are indefensible. It argues, second, that although extreme versions of the open borders position may have difficulty accepting this conclusion, other versions of the position can consistently justify special entry restrictions. (shrink)

From music recommendation to assessment of asylum applications, machine-learning algorithms play a fundamental role in our lives. Naturally, the rise of AI implementation strategies has brought to public attention the ethical risks involved. However, the dominant anti-discrimination discourse, too often preoccupied with identifying particular instances of harmful AIs, has yet to bring clearly into focus the more structural roots of AI-based injustice. This paper addresses the problem of AI-based injustice from a distinctively epistemic angle. More precisely, I argue that (...) the injustice generated by the implementation of AI machines in our societies is, in some paradigmatic cases, also a form of epistemic injustice. With a particular focus on AIs employed as gatekeepers of our epistemic resources, this paper shows how their epistemically conformist behaviour is responsible for the marginalisation and the ostracism of minoritarian perspectives. Because it clarifies key structural flaws and weaknesses of current AI design, this paper helps make headway in critical discussion of current AI technologies. And because it forges new theoretical tools to understand forms of epistemic oppression, this paper also contributes to the advancement of feminist theorisation. (shrink)

In this article, I bring Lacan and Foucault into a conversation to show that both theorized the hysteric subject as the moment of the limit in power, where power fails to subordinate us. Moreover, both thinkers theorized the hysteric as the paradigmatic example of a political subject that not only rebels but radically transforms power structures. Next, I show that Freud's Dora case refers to a psychoanalytic discourse on hysteria, which turned into the master's discourse. Such master's discourse aimed to (...) discipline Dora into the norm of female, bourgeois, and heterosexual subjectivity. However, Dora successfully rebelled against the master's discourse. Finally, I expose that only a collective of hysterics could bring down psychiatric power down in the asylum. (shrink)

As the war in Syria and the destruction of the Calais camp in France in 2016 bitterly demonstrate, declarations of human rights and asylum devolve into empty promises without a common sense of solidarity and an implicit understanding that we share responsibility for the world and one another. Today’s refugee crisis demonstrates that many of the problems that Hannah Arendt identified during the first half of the twentieth century are still with us. National security and the state of exception (...) increasingly place refugees and migrants at the borders of international law. This article argues that Immanuel Kant’s Perpetual Peace and Arendt’s postwar reflections on the stateless as modern pariahs continue to frame current debates on hospitality, human rights, and responsibility. Without a recognition of our common humanity and shared world, sovereign states will continue to find exceptions to the legal status of refugees and migrants, thus enabling their exclusion from political life and the very laws that should protect them. Falling outside human rights law and the rights of refugees leads to the uncertainty of the pariah. (shrink)

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of (...) proof and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes (e.g. guilty or not guilty) or rather use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system. (shrink)

Discriminatory attitudes towards Muslim refugees are common in liberal democracies, and Muslim citizens of these countries experience high rates of discrimination and social exclusion. Uniting these two facts is the well-known phenomenon of Islamophobia. But the implications of overlapping discrimination against citizens and non-citizens have not been given sustained attention in the ethics of immigration literature. In this paper, I argue that liberal societies have not only duties to discontinue refugee policies that discriminate against social groups like Muslims, but remedial (...) duties to citizens who are in these social groups to adopt a more welcoming stance towards the groups that they are in. Further, I argue that a fitting way of adopting this more welcoming stance is to give refugees in these groups preferential treatment in asylum and resettlement. (shrink)

A -/- abortion and infanticide/ academic freedom/ academics/ action/ act-omission doctrine/ addiction and dependence/ adoption/ advertising/ affirmative action/ age of consent/ age of criminal responsibility/ age of majority/ agent/ aggression/ agriculture/ aid, foreign/ AIDS/ air/ akrasia/ allies/ altruism/ American Civil War (1861-1865)/ American exceptionalism/ American War of Independence (1775–1783)/ anarchic social order/ anarcho-capitalism/ anarchy/ animal rights/ animal welfare/ apartheid/ apathy/ appeasement/ apriorism/ aristocracy/ arms trade/ arms race/ artificial intelligence/ arts and sciences/ assassination/ asset stripping/ asylum seekers/ atomism, social/ Austrian (...) School of economics/ authoritarianism/ authority/ autonomy, intellectual/ axis/ -/- B -/- balance of trade/ balance of power (international)/ banking/ bankruptcy, insolvency, and limited liability/ barriers to entry/ begging/ belief/ betting/ big business/ bigotry/ biodiversity/ bioethics/ black market/ blackmail/ blasphemy/ booms and slumps/ borders, political/ boxing and dangerous sports/ boycott/ bribery/ British Broadcasting Corporation (BBC)/ BSE (Bovine Spongiform Encephalopathy)/ bureaucracy/ business cycles/ . (shrink)

A Significant percentage of the people outside their country of citizenship or residence who are unable to meet their basic needs on their own, and need international protection, do not fall under the definition set out in the UN Refugee Convention. This has led many - both academic commentators and activists - to call for a new, expanded refugee definition, preferably backed up by a new, binding, international convention. In earlier work I have resisted this call, arguing that there is (...) good reason to pick out a sub-stet of those in need of international aid - a set that largely, if not completely, corresponds to those picked out by the Refugee Convention - for special benefit and protection. However, even if Convention refugees are in some ways special, we are left with the question of what, if anything, is owed to those in need of aid who are not Convention refugees. In this chapter, I set out philosophical foundations for so-called complementary protection, and show how this may and should apply to people in need of international aid who are not Convention refugees. (shrink)

This article was born of memories of minority groups' plights in the United Kingdom some decades ago and illustrates how opinions become entrenched in citizens minds mainly due to what they read in the media at the time. Today in the UK we still have much ethnic minority groups suffering plain -/- discrimination at work and in society at large. UK police spent 8 million pounds between years 2000 and 2008 doing footwork to relieve this injustice. Nothing came of it (...) apart from some minor attempts at improvement. Then in 2008 this guidance-seen in Appendix 1 of this article, was published by ACPO. We now have the ongoing minority discrimination, still more overt than covert and we have the new asylum seekers influx expected from Ukraine. This piece attempts to show how little improvement there has been over half a century and visibly over the past two decades. (shrink)

Philosophizing is at risk in the face of dogmatism, either political or religious. In political and/or religious circumstances where freedom of expression is curtailed, the risk of critical and discursive philosophizing (pursued both analytically and synthetically) is extremely far above the ground. As a case in point, getting into a balanced critical and appreciative philosophical deliberation (reflection and discourse) on the Israeli-Palestinian political conflicts and controversies right inside Israel with politically fired-up Israelis both intellectual and non-intellectual alike is a risky (...) engagement. What is specifically tolerable in such a particular context is ¨imbalanced philosophizing¨ (which is an oxymoron) wherein one is only allowed to DISCURSIVELY APPRECIATE the merits of just one side of the political divide over the other and never to be critical of the downsides discovered on the same side. Of course, the other philosophical operation of REFLECTIVE CRITICISM doesn´t get apparent, much less obvious, in such condition as it is forbidden to see the light of day. The risk lies in an open defiance of the restriction and could even be a matter of life and death. Similar to this was the situation in the erstwhile Soviet Union and its Eastern European satellites during the so-called Cold War era. Discursive criticism even within the strict purview of philosophical analysis and synthesis of certain political principles and theories operative within the system was a proscribed exercise whose violation could put involved individuals in a gulag, a mental asylum or at worst before a firing squad. (shrink)

This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational philosophy ideologically based on a given conception of the good. -/- Two polar conceptions of secularism, republican and liberal-pluralist, are explored. Republican secularists declare (...) that religious expressions do not belong in the public sphere and justify this exclusion by promoting religious neutrality as an end in itself. But liberal-pluralists claim that religious neutrality is only the means to ensure protection of freedom of conscience and religion, which are moral principles. Each conception is associated with its own stance on whether exemptions or accommodations on account of religious beliefs have special legal standing and thereby warranted. The indeterminate nature of religion and the allegedly biased exclusion of secular beliefs, cited by some when denying religious exemptions, can be overcome by understanding all religious and conscientious beliefs as having equal standing as conceptions of the good. -/- Analysis of court documents from the Uwe Romeike et al asylum case are guided by these understandings, and relationships among themes are explored. -/- In summary, any stance regarding home education may depend on one’s view of secularism, particularly in relation to whether one views religious neutrality as a means to ensure protection of freedom of conscience or an end in itself. (shrink)

Attacks on migrant and refugee entrepreneurs and their properties by South African rivals and ordinary citizens have become a common phenomenon throughout the country, including the city of Cape Town. Business robberies often result in deaths or serious injuries. The Somali Community Board has noted that over 400 Somali refugees, many of them informal traders, were murdered in South Africa between early 2002 and mid-2010. The police are frequently accused by migrants of fomenting or turning a blind eye to xenophobic (...) attacks on their businesses. Meanwhile, the government refuses to acknowledge the existence of xenophobia or the xenophobic rhetoric in many of these attacks, claiming instead that they are simply the actions of criminal elements. Photographs published in the media of the looting of migrant stores do not tend to feature hardened criminals, but ordinary citizens including children in school uniform. -/- Migrant businesses are portrayed by officials, citizens and the media as having a negative impact on the South African economy and undermining the livelihoods of South Africans. The prevalence of such perceptions helps to explain growing xenophobic sentiment against migrants and refugees. Contrary to these popular perceptions, an emerging literature on migrant entrepreneurship is beginning to demonstrate the positive economic contributions of migrants and refugees to the country. This report examines the nature of informal migrant and refugee entrepreneurship in Cape Town and whether or not the negative stereotypes have any validity. It also seeks to examine what economic contributions migrants and refugees make to the local economy. -/- The report is based on the research conducted by the Growing Informal Cities project, a partnership between SAMP/IMRC, the African Centre for Cities at the University of Cape Town, the Gauteng City-Region Observatory (GCRO) and Eduardo Mondlane University in Maputo. A questionnaire was administered to a sample of 518 migrant owners of microenterprises, which had to meet three basic criteria for inclusion: (a) owned by a non-South African; (b) in operation for at least two years; and (c) unregistered with the South African Revenue Services (SARS). Although migrant entrepreneurs are located in most areas of the city, certain areas have particular concentrations of migrant-owned businesses. "e questionnaires were administered in four such areas: Imizamo Yethu, Philippi, Bellville, and Cape Town CBD. Thirty in-depth interviews were also conducted with selected owners of informal micro-enterprises. Two focus group discussions were held in the Cape Town CBD and Philippi respectively. Fifteen key informant interviews were held with various stakeholders in Cape Town to understand the operation and constraints faced by migrants operating in the city’s informal economy. -/- The major findings of the personal profile of the migrant and refugee entrepreneurs were as follows: -/- • The entrepreneurs came from over 20 different countries of which Zimbabwe, Somalia, the Democratic Republic of the Congo (DRC), Nigeria, Malawi, Ethiopia and Cameroon were the most prominent. Just over a third were from other countries in the SADC. The prominence of Zimbabwean entrepreneurs in the Cape Town informal economy is not surprising, given the events in that country over the past decade and a half and resultant mass migration to South Africa. A total of 57% of the entrepreneurs were from other African countries, especially the DRC, Somalia, Nigeria and Ethiopia. "e majority of migrants from these countries (except Nigeria) came to South Africa as refugees. -/- • A third of the entrepreneurs had refugee permits. Of these, nearly 60% came from only three countries: the DRC, Ethiopia and Somalia. A further 31% held asylum-seeker permits. Of these, 32% were Zimbabwean while another 30% came from DRC, Ethiopia and Somalia. Nearly 12% had permanent residence permits while 8% were holders of work permits. Only 7% of the respondents indicated that they did not have official documentation to stay in South Africa. Thus, the majority of migrant entrepreneurs have forced migrants who are entitled to human rights protection under international and South African refugee law. • Very few of the entrepreneurs entered South Africa before 1994. Only 8% arrived in the immediate post-apartheid years. While another 20% came in the period 2000to 2004, the vast majority (70%) came during the last decade. As many as 44% arrived between 2005 and 2009 and a further 27% thereafter. Migration from Zimbabwe, in particular, escalated between 2005 and 2009 as the country plunged deeper into crisis. • Despite the perception that unemployment at home is a driver of migration to South Africa, only 14% of the entrepreneurs were unemployed immediately before leaving for South Africa. Another 19% were students. Twenty-six percent were working in the informal economy in their home countries. -/- .......INCOMPLETE..... (shrink)

Migration has, in recent years, been one of the most current topics both in Croatia and worldwide. We have witnessed increased emigration (i.e. out-migration) of Croatian citizens, as well as attempts to cross the Croatian state border by citizens of other countries. This book focuses on migration in the context of the so-called migrant and refugee crisis, which is considered from a philosophical and sociological perspective. Any gender-specific terms, irrespective of the gender in which they are used here, refer equally (...) to both men and women. The book came into being as part of a study conducted by the authors in 2019 among students at the University of Split. This was one of the activities carried out within the project entitled Creating welcoming communities, which was coordinated by the Association "MI" – Split, with the support of the UNHCR’s (United Nations High Commissioner for Refugees) Representation in Croatia. The main objective of the project was to improve the conditions for better integration of asylum seekers at the local and regional level, with a special emphasis on local stakeholders and the community. The objective and activities of the project reflect and anticipate relocation policies and work towards analysing, valorising, and developing recommendations for the preparation of the local community and self-government to provide support. In this regard, we can say that the aim of the project is a contribution of sorts to creating a welcoming atmosphere and better conditions for integration through cooperation with institutions, and especially with the academic community. The project activities were intended to include relevant scientific findings that would enable the interested public to gain a more systematic understanding of the current social situation as well as to promote the idea of the possibilities of achieving a higher integration standard. In the complex social circumstances of today, which require understanding and adaptation, in addition to adequate access to accurate information, it is also crucial to ensure and facilitate the forming of inter-sectoral networks that would respond more readily to existing challenges. This primarily requires knowledge exchange, but also cooperation between different stakeholders such as public institutions, local and state government, civil society organisations, the academic community, media, etc. All these stakeholders play an equally important role in establishing a support network for a multitude of beneficiaries within the integration process. The establishment of a support network for the reception and integration of asylum seekers depends on the support of the local population in the broadest sense. One of the aims of the study was to analyse the relationship between the respondents’ identity features and their attitudes on accepting immigrants and refugees. The structure of the survey is based on the following objectives within which we sought to identify: 1) students’ attitudes on immigration, immigrants, and refugees, 2) the perceived sociodemographic profiles of immigrants and refugees, 3) the eventual presence of social distance towards immigrants and refugees. For the sake of clarity and better presentation, the second and third research objectives are analytically separated from the first one, although, in fact, a connection exists between them. How students perceive migration, immigrants, and refugees plays a role in shaping their attitudes towards them, as well as in potential behaviours reflected in the degree of social distance. From the sociological perspective, identity is seen as the way we perceive ourselves and others, as well as the way we are perceived by others. It involves sameness, similarity and difference concerning various groups of individuals (Abercrombie, Hill & Turner, 2006:190). Identity is associated with the meanings individuals and groups attach to their social reality, resulting in different forms of action. As such, it becomes one of the central political, scientific, and social topics in general. The book is structured in six chapters. Following the introduction, the first chapter presents the theoretical framework on which the conducted research is based. It goes on to elaborate on the concepts significant for a better understanding of the covered topic, in particular the concept of identity, the differences between the concepts of immigrant and refugee, as well as the frameworks of philosophical reflection on migration (the philosophy of politics and ethics). As confirmed both by our study and by numerous others, the discussion on the topic of identity represents an important element in understanding modern migrations. The third and fourth chapters lay out the research methodology, followed by the results and their interpretation. Chapter 5 provides conclusions and recommendations for further research and the establishment of a support network for the reception and integration of asylum seekers. The final chapter includes references to the literature used. (shrink)

Thomas Elsaesser’s recent scholarship has examined the “mind-game film”, a phenomenon in Hollywood that is broadly characterised by multi-platform storytelling, paratextual narrative feedback loops, nonlinear storytelling, and unreliable character perspectives. While “mind-game” or “puzzle” films have become a contentious subject amongst post-cinema scholars concerned with Hollywood storytelling, what is to be said of contemporary European independent cinema? Elsaesser’s timely publication, European Cinema and Continental Philosophy, examines an amalgam of politically inclined European auteurs to resolve this query. Elsaesser concedes that there (...) exists a phenomenological confluence between the mind-game film and contemporary European cinema. For instance, both produce characters afflicted by productive pathologies, designating new socially useful forms of agency and identity. One only needs to consult the amnesiac protagonist M (Markku Peltola) in Aki Kaurismäki’s The Man Without a Past (Mies vailla menneisyyttä, 2002) or, as regards Lars von Trier’s cinema, Beth (Emily Watson) in Breaking the Waves (1996), Selma (Björk) in Dancer in the Dark (2000), “She” (Charlotte Gainsbourg) in Antichrist (2009) or Joe (Charlotte Gainsbourg) in Nymphomaniac (2013) to evince this overlap. However, this book is more concerned with performative self-contradictions, whereby cinema-as-enunciator is put under erasure, thus aggravating the inherent discrepancies troubling Europe today. Elsaesser, indeed, evaluates a growing general disaffection with politics, the rise of populist nationalism and far-right fringe parties, as well as an increasing population of economic migrants, refugees, and asylum seekers. (shrink)

In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...) requirements of liberal justice, mere capacity to assist, as well as past or foreseeable contribution to harm. The chapter therefore explores the possibility of an international migration regime that takes human rights seriously whilst avoiding the twin pitfalls of strict immigration restrictions and the complete liberalization of immigration. (shrink)

Dans l’opinion publique, la migration « irrégulière » est associée à l’entrée et au séjour non autorisés. Un nombre croissant d’études indiquent toutefois qu’elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d’immigration « irrégulière ». En effet, la multiplication des conditions d’accès à l’autorisation de travail a pour effet de priver de droit au séjour des personnes autrement (...) en situation régulière. La France, située en tête de classement en matière d’obligations de quitter le territoire et en fin de classement en matière d’immigration professionnelle, représente un cas d’école parmi les pays de l’Union Européenne. (shrink)

Through cutting-edge accounts and interdisciplinary critiques of shame, this collection responds to the epidemic of gendered violence that the world witnesses daily. Contributors expose and challenge how oppression and violence connect to regimes of injustice that have dominated modern times.

Nous autres réfugiés [We refugees], is the title of a brief but disruptive essay that in January 1943, at 37 years old, Hannah Arendt [1906-1975] published in the American Jewish magazine The Menorah Journal (Arendt, 1943). The article —which has an obvious autobiographical connotation, although how much existential reflection that is positioned from the point of the refugee's point of view cannot be reduced solely to this dimension—was posthumously reprinted in The Jew as Pariah, edited by Ron H. Feldman (1978, (...) pp. 55-56) and on compiled together with forty other texts by the author, written between the 1930s and 1960s, in the edition prepared by Feldman and Jerome Kohn from his The Jewish Writings (2007, pp. 264-274). (shrink)

The United States (U.S.) and Jordan launched negotiations for a free trade agreement in 2000.The US-JO FTA includes a preamble, nineteen articles, three annexes, joint statements, memorandums of understanding, and side letters. In addition to the interesting articles on labor and environment, the US-JO FTA provides the opportunity for Jordanian nationals to come to the U.S. to make investments and participate in trade. Under certain conditions, Jordanian nationals can enter the U.S. to render professional services. The purpose of this article (...) is to examine in detail article 8 of the US-JO FTA which relates to entry of nationals of one party into the territory of the other. The article starts by providing a brief background of the negotiation and conclusion of the US-JO FTA. Then, the article analyzes in detail the specific provision related to temporary entry of nationals. The article draws a comparison between US-JO FTA with the North American Free Trade Agreement (NAFTA) and the more recent trade agreements between the U.S., Oman, Bahrain, and Morocco. Finally, the article observes that although the US-JO FTA, like all US FTAs, is designed to permit temporary entry, without intent to establish permanent residence, of persons, the U.S. should have provided Jordan with special and differential treatment for entry of its nationals. Taking into account the special circumstances of Jordan as a developing country with low-income status, high unemployment rate, and lack of resources, movement of business visitors, investors, intra-company transferees, and professionals should have been dealt with leniency so that the FTA could generate effective and real market access. (shrink)