Asylum seekers, by their very circumstances, test our common assumptions and practice in relation to human rights. The treatment of asylum seekers in many European countries has become harsher, more restrictive and less tolerant in recent years, raising questions about the violation of their rights. The article examines the bases of the rights that asylum seekers do have and whether these are best supported as human rights or more limited rights that attach to the (...) place of their temporary residence and to obligations made by their country of temporary residence. Given the propensity of receiving countries to afford increasingly limited rights, the article identifies a limited set of rights that should take priority in a hierarchy of rights and which might claim widespread acceptance as those which asylum seekers must enjoy. (shrink)

Asylum is a contentious public and political issue and people seeking asylum are often targets of fear and hostility. This article presents an ethical challenge to churches aiming to support asylum seekers in the UK. Through an exploration of two contrasting strands in the biblical tradition relating to the ‘stranger’—one rooted in an ‘ecology of fear’ and another rooted in an ‘ecology of faith’—it argues that as well as practising positive encounters with newcomers, Christians need to (...) understand and engage with public hostility. (shrink)

To mark International Women’s Day the Research Group for Law, Gender and Sexuality at Westminster Law School held an evening conversation on 10 March 2016 on Women and Asylum. Speakers working in different areas of the asylum system shared their insights and experiences with an audience of staff, students, activists and other visitors. Harriet Samuels chaired the conversation and the speakers were Princess Chine Onyeukwu, Debora Singer, Priya Solanki and Zoe Harper. This article is an edited extract from (...) the transcript of the presentations and wide-ranging discussion, including the question and answer session. The discussion focused on the different steps in the refugee determination process and considered, in particular, the gendering of credibility and how women’s perceived lack of credibility has a significant impact on determinations and processes. (shrink)

ABSTRACT This paper is a case study in public health ethics. It considers whether there is a basis in ethics for political action by health professionals and their associations in response to inhumane treatment. The issue arises from Australia's treatment of asylum seekers and the charge that this treatment has been both immoral and inhumane. This judgement raises several questions of broader significance in bioethics and of significance to the emerging field of public health ethics. These questions relate (...) to the role of health professionals in response to inhumane treatment of people in their charge; to the discipline of public health in light of a growing recognition of its ethical basis; and the role of public health and bioethical associations in response to ethical issues arising in a political context. It is argued that, in serious cases of humanitarian and human rights abuses affecting health and well‐being, there is a case for political action by health professionals, academic and professional institutions, and associations of public health and ethics. (shrink)

This paper explores ethical questions arising from the work of health practitioners in immigration detention centres in Australia. It raises questions about the roles of professional disciplines and the ways in which they confront dual loyalty issues. The exploration is guided by interviews conducted with health professionals who have worked in asylum seeker detention and an examination of the outsider advocacy role undertaken by the social work profession. The paper discusses the stance taken by individuals and professional associations on (...) participation in controlled settings, including as participant, bystander and advocate, and asks when the provision of care becomes collusion with oppression. (shrink)

In February 2016 a twelve-month-old asylum seeker, who came to be know as Baby Asha, was transferred from Nauru and hospitalized in Brisbane. This case came to public attention after Doctors refused to discharge Asha as she would have been returned to detention on Nauru. What in other circumstances would have been considered routine clinical care, quickly turned into an act of civil disobedience. This paper will discuss the ethical aspects of this case, along with its implications for clinicians (...) and the broader healthcare community. (shrink)

Australia has one of the harshest regimes for the processing of asylum seekers, people who have applied for refugee status but are still awaiting an answer. It has received sharp rebuke for its policies from international human rights bodies but continues to exercise its resolve to protect its borders from those seeking protection. One means of doing so is the detention of asylum seekers who arrive in Australia by boat. Health care providers who care for (...) class='Hi'>asylum seekers in these conditions experience a conflict of “dual loyalty,” whereby their role in preserving and maintaining the health of patients can run counter to their employment in detention facilities. Many psychiatrists who have worked in the detention setting engage in forms of political activism in order to change the process of seeking refuge. (shrink)

This article examines the impact of law and policy changes enacted in times of crisis on asylum seekers, and considers the extent to which considerations of vulnerability have played a part in the various approaches of governments. What emerges is a shift towards further exclusion, and a widening divide between how states approach citizens versus others. The result is enhanced vulnerability, and an environment in which the utility of the vulnerability concept to provide the necessary levels of support (...) and protection is tested. By looking at how vulnerability is used by states, and contrasting this use with how the concept is often used by other community actors, the article asks what role the concept of vulnerability might play in the effects of crises on vulnerable groups and the priorities and actions of states. (shrink)

It is known that Syrian asylum seeker have been subjected to forced migration since 2011. Therefore, this process has caused asylum seekers to face structural adjustment problems with socialization in general and religious socialization in Kilis. The problem of study in this article is to try to understand the religious socialization of Syrian asylum seekers in the context of structural adjustment institutions. However, in this study, where the structural harmony of asylum seekers is (...) investigated, an inward religious socialization involving the structural position of asylum seekers is explored, not a harmony between the two cultures. In addition, the study was worked though with an understanding (verstehen, interpretive) approach and a case was carried out as a science study. The effect of the structural harmony through the participation of the mosques, associations, religious groups in Kilis after the immigration in the point of religious socialization in Syrian asylum seeker in two communities belonging to Islamic religion was also investigated in this study. In addition, the question of ‘which institution or factors are affected by asylum seekers’ was sought. In the study, basically qualitative method was preferred and in-depth interview technique was used. However, considering the effect of the structure on the subject, structural adjustment has been studied. Because immigrants have affected them as well as forced migration of individual structural features of Turkey are alive. Therefore, it was paid attention to methodological pluralism. On the other hand, the research was conducted with snowball sampling method. The data of the study were created within the framework of the approaches of Giddens' constructivist theory, although the micro-sociological experiences of asylum seekers and asylum seekers residing in different neighbourhoods of Kilis province are taken into consideration. In the study, it was found that religious groups, masjids and associations established by asylum seekers influenced asylum seekers through religious socialization from different social institutions and organizations in the process of structural adjustment. (shrink)

New technologies provide new forums for the expression and challenging of racism. This article explores the potential of an interactive blog about asylum-seekers to serve as part of the Habermasian ‘public sphere’, facilitating debate between those with opposing views. We offer evidence that pro- and anti-asylum seeker arguments made in blogs construct a binary between those in favour and those against. Arguments are collectively constructed producing relatively coherent discourses, despite being articulated by different individuals. We then explore (...) the ways in which pro-asylum seeker postings utilize strategies which social scientists have identified as effective in challenging racism. As such, the blog is a site where what has come to be called ‘bystander anti-racism’ is being practised, producing a counter-hegemonic discourse. Our evidence suggests that despite arguments to the contrary, blogs are potentially useful sites for the development of communicative consciousness in relation to race issues, particularly the challenging of racism. (shrink)

The ‘refugee crisis’ in Europe has drawn attention to the reasons why people risk desperate journeys to seek safety. However, less research has focussed on what happens to those on the move once th...

The purpose of this article is to respond to Jacques Derrida’s reading of Immanuel Kant’s laws of hospitality and to offer a deeper exploration into Kant’s separation of a cosmopolitan right to visit ( Besuchsrecht) and the idea of a universal right to reside ( Gastrecht). Through this discussion, the various laws of hospitality will be examined, extrapolated and outlined, particularly in response to the tensions articulated by Derrida. By doing so, this article will offer a reinterpretation of the laws (...) of hospitality, arguing that hospitality is not meant to capture all the conditions necessary for cosmopolitan citizenship or for a thoroughgoing condition of cosmopolitan justice as Derrida assumes. This is because hospitality could be understood as the basic normative requirement necessary to establish an ethical condition for intersubjective communication at the global level, where discursive communication regarding the substance of a future condition of cosmopolitan justice is to be subjected to global public reason. (shrink)

An increase in global violence has forced the displacement of more than 70 million people, including 26 million refugees and 3.5 asylum seekers. Refugees and asylum seekers face serious socioeconomic and healthcare barriers and are therefore particularly vulnerable to physical and mental health risks, which are sometimes exacerbated by immigration policies and local social discriminations. Calls for a strong evidence base for humanitarian action have encouraged conducting research to address the barriers and needs of refugees and (...) asylum seekers. Given the role of epigenetics factors to mediate the effect of psychological and environmental exposures, epigenetic modifications have been used as biomarkers for life adversity and disease states. Therefore, epigenetic research can be potentially beneficial to address some of the issues associated with refugees and asylum seekers. Here, we review the value of previous and ongoing epigenetic studies with traumatized populations, explore some of the ethical challenges associated with epigenetic research with refugees and asylees and offer suggestions to address or mitigate some of these challenges. Researchers have an ethical responsibility to implement strategies to minimize the harms and maximize the short and long-term benefits to refugee and asylee participants. (shrink)

A significant number of asylum seekers who largely survived torture live in the United States. Asylum seekers have complex social and medical problems with significant barriers to health care access. When evaluating and providing care for survivors, health providers face important challenges regarding medical ethics and professional codes. We review ethical concerns in regard to accountability, the patient–physician relationship, and moral responsibilities to offer health care irrespective of patient legal status; competing professional responsibility toward society and (...) the judiciary system; concerns about the consistency of asylum seekers’ claims; ethical concerns surrounding involving trainees and researching within the evaluation setting; and the implication of broader societal views towards rights and social justice. We discuss contributing factors, including inadequate and insufficient provider training, varying and inadequate institutional commitment, asylum seekers’ significant medical and social problems, and the broader health and social system issues. We review existing resources to address these concerns and offer suggestions. (shrink)

When denial of medical treatment is being used as a lever to move people out of the country, ethicists and healthcare professionals should speak out.An ugly feature of political life throughout the Western world, and beyond, is the suspicion towards, and maltreatment of, migrants from poor to rich countries. People who would otherwise be horrified at being labelled racist nevertheless find it acceptable to support practices which can range from stigmatisation to confinement in brutalising conditions in “reception” and “removal” centres.1–5An (...) hour spent searching through government and NGO websites concerned with the treatment of asylum seekers and refugees in developed world countries is an hour well spent – but profoundly depressing. This is not only because of the frankly Orwellian language used by the governments of the UK and Australia , or because of the conditions and treatment meted out, but also because of the apparent support these practices have among the voting public. In the pointedly optimistic reports of Her Majesty’s Inspector of Prisons, for example, one can find praise for the fact …. (shrink)

The question of detention of asylum seekers is specific due to the special situation of detainees (persons who have experienced human rights violations and apply for asylum in receiving country) and due to peculiarities of detention itself (persons have not committed crimes, but come or stay illegally because they have been forced to do so by fleeing from human rights violations). Therefore, lately it raises many discussions at the European level. Sooner or later, discussions influence national laws, (...) as after adopting the EU directives their provisions must be properly transposed into national laws. This article describes the recent documents: the study in Lithuania, the UNHCR guidelines, the EU developments, the Lithuania judicial practice. The authors of the article discuss the latest amendments of the Law on the Legal Status of Aliens (entering into force on 1 February 2012) related to detention of asylum seekers after the transposition of the provisions of the Return Directive. The practice of the Supreme Administrative Court of Lithuania when applying the new detention-related provisions is also reviewed in the article. The authors do not agree with the position of the Supreme Administrative Court of Lithuania that the provisions of the Return Directive are applicable to asylum seekers. The authors pay attention to the case-law of the European Court of Justice, the preamble of the Return Directive and its legal relations with the EU asylum directives. At the end, the conclusions are drawn as to the way that the provisions of the Law on the Legal Status of Aliens should be interpreted in the light of the purposes and provisions of the European Union directives. In order to avoid contradictory practice and at the same time ensure the interests of public order in Lithuania, Article 113(7) of the Law on the Legal Status of Aliens could be applied. (shrink)

Despite a strong historical record of resettling and providing care for refugee populations, the Australian Federal Government has increasingly implemented harsh and restrictive policies regarding the treatment and management of asylum seekers. Most controversial of these has been the mandatory detention of asylum seekers, a policy applied indiscriminately and without discretion where individual cases have not been subject to judicial review or time constraints. From the outset health professionals have raised concerns about the possible adverse mental (...) health impacts of prolonged detention. In contrast, government representatives have characterized conditions in detention as benign and comfortable, and have consistently contested criticism of detention, often citing a lack of scientific evidence as tacit support for the continuation of the policy. Nevertheless, requests for access to the detention centres to undertake rigorous scientific investigations have gone unheeded. In this context we argue that the Australian Government has failed to uphold its commitment to good governance by allowing transparency, openness and a willingness to have the impact of its policies scrutinized by scientists. The manifest conflict of interest in the government position leads to a breach in the normal social contract between mental health researchers and those responsible for the policy of detention. There is, we argue, a legitimate moral imperative in such situations for clinical researchers to breach the walls of enforced silence and give a voice to those who are afflicted. This imperative, however, must be carefully balanced against the risks that may face detainees agreeing to participate in such research. (shrink)

With a large number of forcibly displaced people seeking safety, the EU is facing a challenge in maintaining solidarity. Europe has seen millions of asylum seekers crossing European borders, the largest number of asylum seekers since the second world war. Endemic diseases and often failing health systems in their countries of origin, and arduous conditions during transit, raise questions around how to meet the health needs of this vulnerable population on arrival in terms of screening, vaccination, (...) and access to timely and appropriate statutory health services. This paper explores the potential role of the principle of reciprocity, defined as the disposition ‘to return good in proportion to the good we receive, and to make reparations for the harm we have done’, as a mid-level principle in infectious disease screening policies. More than half of the European countries implemented screening programmes for newly arrived asylum seekers. Screening may serve to avoid potential infectious disease risks in the receiving countries as well as help identify health needs of asylum seekers. But screening may infringe upon basic rights of those screened, thus creating an ethical dilemma. The use of the principle of reciprocity can contribute to the identification of potential improvements for current screening programmes and emphasizes the importance of certain rights into guidelines for screening. It may create a two way moral obligation, upon asylum seekers to actively participate in the programme, and upon authorities to reciprocate the asylum seekers’ participation and the benefits for the control of public health. The authors argue that the reciprocity principle leads to a stronger ethical justification of screening programmes and help achieve a balance between justifiable rights claims of the host population and the asylum seekers. The principle deserves a further and more thorough exploration of its potential use in the field of screening, migration and infectious diseases. (shrink)

Asylum seekers who claim asylum in the United Kingdom flee from a diverse range of threats of persecution, particularly in the MENA (Middle East & North African) region. These threats may comprise of war, tribal violence and trafficking to honour-killings, female genital mutilation and witchcraft. Some of these threats may be alien to Western immigration tribunals as they either do not occur in their respective countries or are not understood, particularly because of the intricate religious and cultural (...) nature of the threat in question. For example, a single woman who has had sexual relations outside of marriage would be regarded as having insulted tribal and familial honour in some regions of MENA countries. Here, the word ‘tribe’, which in Arabic is _‘qabilah’_, has a distinct historical, cultural and lexical meaning that lawyers, judges and policy-makers may not be aware of; the same may be said of _‘nikah’_ (marriage) or _‘Voodoo’_ (a type of witchcraft) and many other terminologies. These terminologies are intimately linked to the experiences of immigration applicants and asylum seekers who desire to express their fear of persecution to lawyers, judges and policymakers. Using two real-life case studies involving a Yemeni immigration applicant and Nigerian asylum seeker respectively and my practitioner experience as a country expert having written 140 reports, I will critically explore the value of a primary, semiotic understanding of key religious, cultural and linguistic dimensions in asylum claims (as opposed to secondary source evidence). I argue that the UK’s immigration tribunal system should place more value on how language is embodied within the MENA regions. I do not wish to just highlight this issue but semiotically analyse immigration and asylum procedure, the arguments of the Home Office and tribunals in accepting or rejecting claims and suggest substantive reform by broadening the nature of evidence. Using Peirce’s framework of semiotics, a sign (representamen) is the fundamental entry point to comprehend an object—an object being the referent of a sign. Once we understand a sign and its object, we arrive at the interpretant which is the sense or meaning derived from the object. This triad relationship of sign, object and interpretant constitutes semiois. Here, I argue that analysing the nature of a sign and what it purports to represent can provide us with a theoretical basis by which to reformulate the mechanisms which judges and lawyers use to understand religious, cultural and linguistic evidence in asylum claims. It is through signs that we can arrive at a deeper meaning and the larger picture of the intricate components of an asylum seeker’s claim thereby accessing their semiotic code. (shrink)

Refugees and asylum seekers may experience challenges related to pre-arrival experiences, structural disadvantage after migration and during resettlement requiring the need for special protection when participating in research. The aim was to review if and how people with refugee and asylum seeker backgrounds have had their need for special protection addressed in national and international research ethics guidelines. A systematic search of grey literature was undertaken. The search yielded 2187 documents of which fourteen met the inclusion criteria. (...) Few guidelines addressed specific ethical considerations for vulnerable groups much less people with refugee and asylum seeker backgrounds. One guideline explicitly addressed vulnerability for refugees and asylums seekers. To ensure members of ethics committees and researchers consider the potential challenges of conducting research with these groups, guidelines may need to be supplemented with a refugee and asylum seeker specific research ethics framework. Such a framework may be necessary to optimally protect people with refugee and asylum seeker backgrounds in research. (shrink)

Mental health professionals who care for asylum seekers in Western European countries increasingly encounter problems for which standard diagnostic and therapeutic protocols and institutional healthcare policies offer no ready answers. In the following case vignettes some of these problems can be identified.

Moral disengagement is a process whereby the self-regulatory mechanisms that would otherwise sanction unethical conduct can be selectively disabled. The present research proposed that moral disengagement might be adopted in the endorsement of asylum seeker policies in Australia, and in order to test this, a scale was developed and was validated in two studies. Factor analysis demonstrated that a 2-factor, 16-item structure had the best fit, and the construct validity of the scale was supported. Results provide evidence for the (...) use of moral disengagement in the context of asylum seekers as a means of rationalizing conduct that may otherwise be sanctioned. (shrink)

Responses to COVID-19 have been characterized by rapid border closures that have transformed the pandemic from a crisis of health to a crisis of mobility. While Canada was quick to implement border restrictions for non-citizens like refugees and asylum seekers, exemptions were made for some migrant groups like temporary workers. The pandemic marked a departure from who is considered worthy of admission to Canada. In fact, the border through restricted and securitized measures has filtered desirable versus non-desirable migrants, (...) creating a hierarchy among migrants within Canada’s immigration system by categorizing groups into those deserving versus non-deserving of admission. Deeply embedded societal discrimination and structural inequalities means that COVID-19 has exacerbated the vulnerabilities of migrant groups more than others. COVID-19 has placed an uneven burden on refugees who face increased border restrictions, significant health and safety risks, and limitations in accessing human rights. This paper documents the challenges, social and economic impacts, and exacerbated vulnerabilities border closures have imposed on refugees, asylum seekers and temporary migrants. We assess the many challenges that COVID-19 has created at the intersection of border studies, security resilience and human rights. We employ the conceptual frame of security resilience to critically analyse the dynamics of how and why border strategies have restricted migrant groups in times of crisis and amounted to an unjustified weakening of refugee rights. Finally, we argue that social resilience, which is rooted in rights-based strategies, not only ensures that societies are prepared to meet external shocks and disruptions, but that policy responses mitigate societal discrimination and inequalities. We highlight these strategies as effective mechanisms for reconciling both public health concerns and the rights of migrants to create more cohesive societies in times of crisis. (shrink)

Most studies on refugee populations are organized around trauma-related issues and focus on explaining pathological factors. Few studies are anchored in general developmental psychology with the aim of exploring normal age-specific developmental tasks and how the special circumstances associated with forced migration can influence how developmental tasks are negotiated. This study is part of a larger mixed method study seeking to identify resilience-promoting and resilience-inhibiting factors, on individual and contextual levels, among asylum seekers and refugees on the move (...) and settled in reception centers in Norway. A strategic sample of 20 adolescent and young adult refugees/asylum seekers during flight in Serbia and after arrival in Norway was chosen from a sample of 178 refugees interviewed in depth in Serbia and at receptions centers in Norway. The sample reflects the focus of this paper, which is to explore adolescent and young adult refugees/asylum seekers’ psychological and social needs and resources during flight to and after arrival in the host country, including how developmental tasks are negotiated. Through qualitative analysis, experiences associated with the developmental changes the participants experienced before, during, and after flight are contextualized. Their sense of self, their relationships with their families and their perceptions of their situation as adolescents or young adults in a highly unpredictable situation are presented in the light of relevant theory and findings from similar refugee studies. All the participants have fled from dangerous and intolerable situations in their home countries. They describe extreme dangers during flight in contexts that are unpredictable and where they feel lonely and unsupported. Most have unmet psychosocial needs and have received little support or help for their mental health issues during flight or after arrival in Norway. Suggestions for interventions and resilience-promoting actions are given based on the findings of the study. (shrink)

Asgary and Smith (2013) identify an important challenge: the difficult position of physicians caught between the obligation to treat every human being with the same professional rigor, and their feelings of responsibility toward the state and its judicial decisions on asylum requests. The authors show that in some cases this conflict leads to a tendency to "sacrifice their medical responsibilities". The authors' core demand is that health care workers should be independent of the state and judiciary systems, and thus (...) prioritize the interests of the patient. We agree entirely with the authors, that well-performed documenting is the only ethically justifiable option and should not be influenced by a feeling of responsibility for contributing to judicial decisions. However, the authors also address the more general, and ethically more challenging, issue of the responsibility of health care workers and the state toward asylum seekers and ask, how much health care provision is appropriate? (shrink)

This article, using methods from corpus linguistics and critical discourse analysis, reports the findings of a research project that aimed to explore the representations of Syrian asylum seekers in the Turkish press from March 2011, when the first Syrians arrived in Turkey, to December 2015, when the project ended. Using a corpus of 2321 texts collected from five Turkish daily newspapers, concordances of the words Syrian, refugee and asylum seeker were examined and grouped along patterns through which (...) discourses on and around Syrian asylum seekers were uncovered. We found differing discourses that framed asylum seekers as ‘our brothers’, ‘victims’, ‘needy people’ and/or ‘threat’, ‘criminals’ and so on. Newspapers maintained one or a combination of these discourses to construct their own reality about the refugee crisis in Turkey. The analysis also reveals that Turkish newspapers use pertinent terms interchangeably, leading to an ambiguity which reflects the political as well as daily usage of the terms. (shrink)

Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two (...) jurisdictions, in particular given the recent ECtHR pronouncement on “EU Dublin transfers”. The article aims at evaluating protection available for asylum seekers and refugees under the ECHR, while comparing it with protection of asylum relevant fundamental rights under the EU legal order and the most recent jurisprudence of the CJEU in asylum cases. The authors also analyze which of the two systems is more favourable and what are their limitations. Thus, the article offers to students and practitioners a detailed analysis of ECtHR and CJEU jurisprudence in asylum cases through a comparative perspective, as well as the key problematic aspects arising in both jurisdictions and their junction. The jurisprudence of the ECtHR reveals that despite the most developed protection from expulsion under Article 3 of the ECHR, it does not sufficiently secure status for the concerned persons. Effective remedy requirements under the ECHR allow for filling the gaps of national asylum procedures, while recognition of vulnerability and special status of asylum seekers by the ECtHR assist in addressing still commonly prevailing detention problems of asylum seekers in Europe. In the context of family protection, the recognition of positive obligations by states to reunite the refugee families is still rudimentary, thus, clearly Article 3 protection in expulsion cases takes over Article 8. At the same time, the jurisprudence of the CJEU in asylum cases is still inconsistent, as the court sometimes takes decisions without including human rights into its’ analysis (Kadzoev, Arslan, K.), while in other cases refers to the Charter (MA and others), verifies if its’ own decision is in line with the ECtHR jurisprudence (Elgafaji) or shapes secondary legislation in line with Strasbourg arguments and findings (N.S.). Quite likely, the ECtHR practice will have an important influence on the developments of subsidiary protection in the EU, at least in the context of Articles 2 and 3 of the ECHR, and serve as an important reference for interpretation of various concepts under the EU Qualification and Procedures Directives. The comparative analysis of pros and cons of the two mechanisms demonstrates that the main advantage of the ECtHR is individual justice possibility, which is not yet accessible under CJEU preliminary judgement procedure and its input in developing asylum law concepts, such as non-state agents of persecution, internal protection or even subsidiary protection regime under EU asylum law. Thanks to the ECtHR, the realistic possibility to question the application of certain EU norms has emerged (Dublin Regulation). While the ECtHR does not have such a specific competence over asylum issues as the CJEU and is clearly a slow and seriously overburdened mechanism, the pilot judgement procedure seems to be increasingly capable of providing guidelines to the states concerning systematic problems in their asylum procedures. Thus, both jurisdictions in their own ways contribute to strengthening asylum seekers’ protection while forming a common oasis for these individuals in Europe. (shrink)

This paper is concerned with the question of whether and how social class and status affect prosocial behavior among status groups.We conducted dictator games in which both host-country citizens as well as asylum seekers make monetary donations towards their respective in- and out-groups. As a novelty, we varied the number of recipients in the dictator game. Our results indicate that host-country citizens donate significantly more than asylum seekers and that asylum seekers receive significantly higher (...) donations than host-country citizens. Donations vary only marginally with the number of recipients. These findings and answers to a follow-up questionnaire show that prosocial behavior among status groups, and in particular prosocial behavior from high-status towards low-status actors, might be instances of impure altruism, i.e., motivated by a warm glow of giving or a purchase of moral satisfaction. (shrink)

This article examines some of the key debates and interactions between the Australian government and medical profession in relation to the mental health consequences of the policy of mandatory detention of asylum seekers. It explores how, in a series of episodes between 2001 and 2005, each side claimed to represent accurately the ‘true’ nature of the detention system through asserting superior ‘objectivity’ and commitment to ‘scientific truth’ in their representations of the mental health of asylum seekers. (...) Placing these debates within the particular political objectives of the Liberal Party during John Howard’s term as Prime Minister, the article explores how science and medical advocacy have been characterized and made to signify larger conflicts within the Australian political arena. It shows how populist political ideas of ‘elitism’ have been used by the government to represent as ‘elitist untruths’ psychiatric research which has demonstrated a direct causal links between government border control policies and mental ill-health. (shrink)

ABSTRACTThis article analyzes the outcomes of the first medical interpreter vocational training course for Eritrean asylum seekers in Israel. Our study draws on the work of Phyllis Butow et al. on medical interpreters’ perceptions of their role, including the challenges they face; on Elena Ragazzi’s call for a flexible evaluation of vocational training outcomes; and on Pierre Bourdieu’s concept of “cultural capital” as an empowering tool for change. The course was initiated in 2013 in response to difficulties experienced (...) by medical personnel and Eritrean asylum seekers regarding the provision of health services for refugees. The outcomes of the course led to four main conclusions: it was a positive learning endeavor that led graduates to better jobs; it was an empowering experience that enabled graduates to better care for themselves and their loved ones, and enhanced their understanding of their rights as asylum seekers; it was perceived as a project of inclusion that created a safe and reassuring environment within the otherwise hostile reality of state-orchestrated exclusion, yet it also induced a sense of frustration in that it had no impact on the unjust social structure in which the asylum seekers live; and the course was helpful in developing the graduates’ understanding of their complex role as medical interpreters. (shrink)

The situation around the seeking of refuge, both in Australia and abroad, has become a core human rights issue of our time, engendering protest and activism from the public, researchers, healthcare professionals and academics. The question remains: do bioethicists have duties to advocate on behalf of such populations, and if so, why? I argue that if our work is founded upon the principle of justice, then we do have such duties, and that our research, in itself, can become a form (...) of advocacy. (shrink)

Australia's policy of mandatory indefinite detention of those seeking asylum and arriving without valid documents has led to terrible human rights abuses and cumulative deterioration in health for those incarcerated. We argue that there is an imperative to research and document the plight of those who have suffered at the hands of the Australian government and its agents. However, the normal tools available to those engaged in health research may further erode the rights and well being of this population, (...) requiring a rethink of existing research ethics paradigms to approaches that foster advocacy research and drawing on the voices of those directly affected, including those bestowed with duty of care for this population. (shrink)

This article thinks the place of the body, agency and movement in politics through the body of the asylum-seeker. Asylum-seekers do not have ample space to politically voice their experiences, but their bodies and ways of taking agency are fluid. The Agambenian idea of exceptional space and bare life privileges the power of the sovereign, leaving little space for agency for its subjects. It leads to an impasse, as it offers no viable option of thinking the possibilities (...) of opposing sovereign rule. We have resorted to Jean-Luc Nancy’s philosophy in order to read to the contrary: to sketch the potential of the body to move beyond the reach of sovereign power and to communicate itself and its relations to others. The untenability of the sovereign subject pointed to by Nancy’s ontology of bodies allows seeing the asylum-seeker’s body as expressive and moving body that reorganizes its relations to others and turns it to an active agent from which events of the body politic emerge. With its focus on crisscrossing movement of the body and between bodies, the notion of choreography assists us in envisioning that the space for political agency and community do not pre-exist, but are articulated through bodies’ movements. We argue that either purely textual analysis or focus on administrative rationality is bound to leave possible expressions of political agency aside, and thus to ignore the challenge the bodily choreographies of asylum-seekers pose to political theory. We illustrate our argument with vignettes from Fernand Melgar’s 2008 documentary film The Fortress. (shrink)

Criticisms have been made against international laws and conventions on asylum and refugees, arguing that these have been based on a male model of definition, which have ignored women’s persecutions. This article will argue that recent developments in European asylum policy have the potential to deepen this discrimination and to further reduce the rights of female asylum seekers. Although there have been some positive developments in jurisprudence that have recognised that gender-specific persecution may be the basis (...) for granting asylum, these advances remain relatively sporadic and are undermined by the operation of random and discretionary exercises of power by bureaucrats and decision makers in many cases. Further, although new developments in asylum policy are in theory “gender neutral,” differences in the material circumstances of men and women who arrive to seek asylum may mean in effect that the implications of these policies are deeply gendered. (shrink)

Bien, Victor This article is in sympathy with our CAHS AGM resolutions appealing to the Federal government to uphold Australia's United Nations human rights obligation, but is not addressing that aspect of the asylum seekers issue. Rather it looks at some practical ideas on how we, as a nation, might better handle the political and practical issues which have been given as reasons why our governments feel compelled to refuse to meet our UN human rights obligation. This argues (...) for a more imaginative, less punitive approach to dealing with asylum seekers. It attempts to offer a circuit breaker to the forces preventing our complying with our international obligations. (shrink)

Media coverage of migration and migrants can exert considerable influence on the public’s understanding of and attitudes towards migration. During the peak of what has been called ‘the refugee crisis’ in 2015, heated discussions about immigration and its possible impact filled the media landscape. This study focuses specifically on the news framing of insecurities regarding immigration, exploring what we have termed ‘uncertainty frames’ in the coverage of refugees, asylum seekers and immigrants. This study will thus lend empirical support (...) to a novel attempt to combine the concepts of uncertainty, risk, and framing. These frames were analyzed within French and Austrian media from 2015 to 2016. Drawing on a content analysis of tabloid and broadsheet articles, different types of uncertainty frames (economy, values, society, etc.) as well as different types of solution frames (the kind of solutions provided for the issue of immigration) were examined. Results suggest that even though all frames decrease in salience over time, important variations in different types of uncertainty frames do appear. It is argued that frames related to abstract issues seem to stay more salient throughout time in both countries. (shrink)

Street-level bureaucracy literature ascertains that policies get made not only in the offices of legislatures or politicians but through the discretion bureaucrats employ in their day-to-day interactions with citizens in government agencies. The discretion bureaucrats use to grant access to public benefits or impose sanctions adds up to what the public ultimately experience as the government and its policies. This perspective, however, overlooks policy-making that gets done in the back offices of government, where there might not be direct interaction with (...) citizens. Furthermore, it treats discretion as inherently anthropogenic and ignores that it is exercised in relation to sociotechnical arrangements of which bureaucrats are a part. In this paper, based on extensive ethnography at national statistical institutes and international statistical meetings across Europe, I make two arguments. The first is that, statisticians emerge as back-office policy-makers as they are compelled to take multiple methodological decisions when operationalizing abstract statistical guidelines and definitions, thus effectively making rather than merely implementing policies. This is the “discretion” they employ, even when they may not interact with citizens. The second argument is that the exercise of discretion is sociotechnical, that is, it happens in relation to the constraints and affordances of technologies and the decisions of other bureaucrats in their institutions and others. (shrink)

One of the stated aims of the “2008 Policy Plan on Asylum” by the European Commission is increased ‘responsibility sharing’ between Member States with respect to asylum seekers. Luc Bovens and Günperi Sisman assess the extent to which UNHCR outcome data reflect these aims between 2006 and 2011 – from the end of the first phase of the Common European Asylum System until the latest available data. They find that Greece, Portugal and Spain take on very (...) low responsibility for asylum seekers per capita and per unit of GDP. Eastern European states do poorly per capita, but do much better per unit of GDP. There is also an overall trend towards greater responsibility sharing for acceptances and stocks per unit of GDP. (shrink)

In this paper, I investigate intergroup relations between natives and asylum seekers during the European refugee crisis, and contribute to the reemerging methodological debate on the measurement of stereotypes and prejudices as individual and collective constructs. Drawing on data from the Norwegian Citizen Panel, I examined how Norwegians stereotyped asylum seekers at the height of the refugee crisis and the emotional prejudices asylum seekers as a group elicited. By experimentally manipulating the survey question format, (...) I examined whether and how stereotypes and emotional prejudices toward asylum-seekers differed depending on their measurement as individual or collective constructs. A subset of respondents had reception centers for asylum-seekers established in their local community during the crisis. These participants reported their behaviors toward the asylum seekers in their neighborhood. In this subsample, I investigated how individual facilitating and harming intergroup behavior was related to individual and collective conceptualizations of stereotypes and prejudices. The results showed that both low warmth and low competence stereotypes, as well as negative emotions toward asylum seekers, were rated as stronger when measured as collective as compared to individual-level constructs. In the individual condition, respondents reported feeling more admiration and sympathy than respondents in the collective condition attributed to others. Individual stereotypes and prejudices correlated systematically with individual facilitating and harming intergroup behaviors. The perception that others hold more negative stereotypes of asylum seekers, and the perceived anger and fear of others, did correlated with individual harming behaviors. Perceptions of others’ anxiety correlated negatively with facilitating behaviors. Implications and future directions for the conceptualization and measurement of stereotypes and emotional prejudices are discussed. (shrink)

The concept of social justice is making a revival in nursing scholarship, in part in response to widening health inequalities and inequities in high‐income countries. In particular, critical nurse scholars have sought to develop participatory research methods using peer researchers to represent the ‘voice’ of people who are living in marginalized spaces in society. The aim of this paper is to report on the experiences of nurse and peer researchers as part of a project to explore the experiences of people (...) who find themselves destitute following the asylum process in the UK. In seeking to explore social injustice, three challenges are identified: lack of a robust political theory, institutional/professional constraints and an absence of skills to engage with the politics of social (in)justice. Each challenge is presented, opposing voices outlined and some possible solutions are suggested. The work of political theorist Nancy Fraser is used as a conceptual framework, in particular her focus on mis/framing and political representation for social justice. In addition, it is suggested that social justice needs to be further embedded in nursing policy and curriculum. Finally, nurses are encouraged to develop practical political skills to engage with both politics and the media in a neoliberal globalizing world. (shrink)

Migration is a process that brings about numerous problems regardless if it is forced and mass or voluntarily and individual. It is not simply a move from one place to another, but it starts in the mind of immigrant and continues with the move to a new place. It alters the social and cultural sets and relocates the immigrant into a peculiar web of connection. It is a process that requires adaptation, change and transformation about the issues from health to (...) education, from housing to employment and from economy to organization In recent years, the forced and mass migration from Syria to Turkey has compelled both the immigrant Syrians and the hosting Turks to face the unprecedented conditions of migration. However, this largest migration of the recent past has been handled with minimum problems in contrast to its vast size. The factors that have realized such outcomes are the common values in historical, cultural and social matters, close kinship and ethnic relations between two nations and most importantly the support provided by the Turkish government and the contribution made by indigenous NGOs. During the first five years of this mass and sudden immigration, almost all sides in Turkey from the government officials to the local authorities as well as the bureaucracy and all non-governmental organizations have been undertook a donation campaign. It has been constituted a basic dynamics for the discourse of the fraternity between ansar/the helper and mukhajir/the immigrant that help and solidarity. So to speak, Turkey proved that the fraternity of the helper and the immigrant could be re-constructed in modern times. As to the later years, this immigration has started to shape more rationally in accordance with economical and social facts.This study deals with the forced-mass migration from Syria to Turkey from the points of problems, solutions, adaptation and integration. (shrink)

Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue (...) that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body of ethical insights related to diagnosing the interpretative and epistemic pathologies and injustices associated with the legal processing of migrants’ claims for asylum. Going beyond discourse ethics, which mainly highlights procedural violations of legislative and judicial deliberation, it trains our gaze on the institutional biases that lead migrants to be misrecognized or under-recognized as credible witnesses to their own refugee status. (shrink)