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)

Asylum legal aid lawyers are under continuous public scrutiny. On the one hand, these lawyers are portrayed as being solely motivated by profit. On the other hand, they are depicted as leftist activists frustrating the legal system. When assisting their asylum seeking clients under the state's legal aid scheme, lawyers need to balance the client's interest, the public interest in the administration of justice and their own interest in profit or survival. The current book examines this balancing act (...) and explores the role of the institutional context. It does so by studying the decision making of asylum legal aid lawyers in the Netherlands and England in respect of two ethical issues: 'time vs. money' and 'hopeless cases'. This empirical research into lawyers' professional ethics in practice will appeal to scholars engaged in lawyers' ethics, policy makers and those involved in the regulation of the legal profession. Dissertation. [Subject: Politics, Human Rights Law, International Law]. (shrink)

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)

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)

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)

After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the (...) international community. The currently valid Asylum Act regulates the international protection of aliens in the Slovak Republic, by defining the conditions and procedures related to granting asylum and provision of subsidiary protection and temporary shelter. The Asylum Act also covers the rights and obligations of different categories of persons, stay in asylum facilities and, partially, the integration of persons that are granted asylum. This article describes and analyses the development of the Slovak asylum legal framework and the concept of asylum policy. Furthermore, it looks at different protection statuses granted to foreigners and finally deals with the refugee migration trends in the Slovak Republic. (shrink)

Why are human rights abuses of refugees at the EU’s geographical periphery tolerated by other EU states? This chapter uses the case of Hungary and Germany to explore how the former abolished the institution of asylum, shedding light on the human rights abuses of refugees, and why states such as the latter seem to condone such actions. It argues that core EU member states condone human rights abuses at the geographical periphery of the EU as long as they contribute (...) to keeping refugees from accessing their territory. If the ‘dirty work’ is being done by others, the moral self-portrait of a generous refugee-receiving state remains, on the surface, untarnished. The chapter aims at disenchanting this image. (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 In reference to the article by Hanan Alexander ‘Education in nonviolence’, the text takes up the issue of reading Emmanuel Levinas’s Talmudic texts for the philosophy of education. It intends to positively answer the question about the value and potential of such inspiration, focusing on concepts from two of Levinas’s Talmudic readings. The first part of the text is devoted to the characteristics of the intellectual output of the thinker. The second part analyses and discusses Alexander’s commentary on one (...) of Levinas’s Talmudic readings, ‘Toward the Other’. Alexander aims to show the specificity of the idea of education in nonviolence, heavily indebted to the Jewish tradition and thought. The third part of the text is an extension of Alexander’s comment, focuses on another Talmudic reading by Levinas, ‘Cities of Refuge’, and aims to outline the philosophical underpinnings of the idea of the pedagogy of asylum. (shrink)

We are, as of May 2019, witnessing yet another “caravan” of people fleeing violence in Latin America, bonding together to reach the territory of safer states in the North. Similarly, in the fall of 2015, Europe experienced the movement of many refugees fleeing war, persecution, and grave human rights violations in Syria. These new waves of people on the move have raised anew important questions about asylum and refuge: who should be able to claim asylum? Should the fear (...) of persecution be sufficient, or do asylum seekers need to show that they have actually suffered it? And maybe most controversially, how should asylum‐granting states respond to the plight of those asking for asylum on their territory?The moral principles guiding asylum and refuge are different from the rules usually regulating immigration, which are based on the principle of territorial sovereignty that allows nation‐states to discriminate and select among those who hope to immigrate. Asylum and refuge instead call upon nation‐states to provide refugees with a new home, protect human rights, and over time, provide access to the social, political and civic rights that characterize membership. Included in the list of human rights, I will argue, is the provision of the means for individual physical and psychological well‐being. (shrink)

Although the Refugee Convention 1951 generally provided that contracting states should recognise those who came within its definition as refugees, it did not prescribe how contracting states should determine this in order to enable them to balance this obligation with their national interests. However, evidence from the background and drafting of the Refugee Convention 1951 suggests that the provisions that a contracting states would implement in order to protect its interests would be commensurate with the human rights spirit of the (...) treaty. This implied that contracting states would act fairly in balancing the competing interests in devising status determination policies and would take into account decent considerations. But, from a theoretical viewpoint, it is arguable that some recent asylum determination policies have been based on the threats posed by asylum seekers. Asylum seekers have come to be blamed for contributing to the national issues that some contracting states face and as such, some contracting states have adopted draconian measures as a result. (shrink)

In the following paper, Annemiek Richters of the University of Leiden in the Netherlands addresses the dilemmas faced by health professionals who are asked to evaluate and provide supporting documentation for those refugees who seek political asylum in the countries of Europe. It is in the politically charged arena of asylum applications, government regulations, and public policy where bioethics, human rights, and health converge. Despite the 1951 Convention on Refugees, a treaty signed by nations around the world to (...) safeguard the rights of those who are displaced, and other treaties that protect the rights of vulnerable populations, refugee and asylum policies have become increasingly strict in an effort to deter those who would seek safety. This tightening of borders in the countries of the West challenges physicians who find themselves caught between obligations to treat, to advocate, and to challenge policies that make treatment a potentially dangerous proposition. Unfortunately, the World Trade Center attacks have exacerbated the problem by labeling asylees and refugees as potential terrorists and subject to deportation. (shrink)

Taking the contemporary definition for ‘refugee’ by the UN High Commission for Refugees as a starting point, this article examines the law on refugee asylum in Deut. 23:16-17 for parallel points and concerns, in order to gain insight into the ethics that have driven its composition. This law is commonly included in discussions on slavery due to the use of עֶ֫בֶד, but the identification of this ‘slave’ as a foreign refugee seeking asylum in Israel has not been adequately (...) noted. Examining the law under this identification sheds light on refugee experience and Deuteronomy’s ethical stance on refugee asylum. (shrink)

This volume is based on the 2004 series of the Oxford Amnesty Lectures, one of the world's leading name lecture series. In it major figures in philosophy, political science, law, psychoanalysis, sociology, and literature address the challenges that displacement, asylum, and migration pose to our notions of human rights.

This article explores how US legal expansions narrow justice possibilities. Drawing from Joan Scott's work on experience, echo and reverberation, the article puts forth a method for reading the convergence of historical absences within legal subjectivity. In particular, it traces the denial of one Nigerian woman's US political asylum claim within the context of US handlings of Nigerian human rights cases focused on petroleum violence alongside the expansion of political asylum to include gender and sexual violence. The article (...) accounts for the production of gender within a larger context of colonial state violence and questions how gender becomes a viable legal category through a variety of violent histories that implicate the US. By reframing questions of feminist justice within the site of law, the article argues for a deeper engagement with discontinuous narratives, which read against our common sense understandings, as a first step in divesting in US legal privilege. (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)

One of the distinguishing characteristics of Byzantium, it is well known, in contrast to the medieval West, is the continuous tradition of Roman law and secular courts which the Eastern Empire possessed throughout its existence, as well as a central authority in a position to put these tools into effect. Thus the question of the nature of law and order in Byzantium would seem to be straightforward; whoever wishes to learn how the crime of killing was handled can consult the (...) tenth-century corpus of Roman law, the Basilika, where one finds that the criterion which the law applies is intention to kill, measured by the object or weapon used, and that capital punishment is inflicted even if the act of violence does not result in a death. Those who cause death by accident or through negligence receive a much reduced punishment or none at all. These regulations survive in compilations of Byzantine law until the fall of the empire. (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)

Journal of Social Philosophy, EarlyView.

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)

Powerful photographs of the grand exteriors and crumbling interiors of America's abandoned state mental hospitals. For more than half the nation's history, vast mental hospitals were a prominent feature of the American landscape. From the mid-nineteenth century to the early twentieth, over 250 institutions for the insane were built throughout the United States; by 1948, they housed more than a half million patients. The blueprint for these hospitals was set by Pennsylvania hospital superintendant Thomas Story Kirkbride: a central administration building (...) flanked symmetrically by pavilions and surrounded by lavish grounds with pastoral vistas. Kirkbride and others believed that well-designed buildings and grounds, a peaceful environment, a regimen of fresh air, and places for work, exercise, and cultural activities would heal mental illness. But in the second half of the twentieth century, after the introduction of psychotropic drugs and policy shifts toward community-based care, patient populations declined dramatically, leaving many of these beautiful, massive buildings—and the patients who lived in them—neglected and abandoned. Architect and photographer Christopher Payne spent six years documenting the decay of state mental hospitals like these, visiting seventy institutions in thirty states. Through his lens we see splendid, palatial exteriors and crumbling interiors—chairs stacked against walls with peeling paint in a grand hallway; brightly colored toothbrushes still hanging on a rack; stacks of suitcases, never packed for the trip home. Accompanying Payne's striking and powerful photographs is an essay by Oliver Sacks. Sacks pays tribute to Payne's photographs and to the lives once lived in these places, “where one could be both mad and safe.”. (shrink)

In 2012 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i. e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia and Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification and procedural problems in LGBT cases. (...) Criminalisation, state protection against non-state persecution, concealment of sexual or gender identity, internal protection were discussed in the previous article ‘The Refugee Qualification Problems in LGBT Asylum Cases’ by Laurynas Biekša2. In this article the authors aim to describe the main procedural problems in LGBT asylum cases (i. e., credibility assessment, late disclosure, country of origin information and reception) and propose their solutions. Guiding European and international standards are laid down in the Reception Directive3, Qualification Directive4, Procedures Directive5 and UNHCR Guidance Note6. Today these standards should serve as a starting point for identifying the problems LGBT asylum seekers may have during their asylum procedures and for finding possible solutions. (shrink)

The gradual development of European Union (EU) immigration and asylum law has been characterized by two related, ongoing tensions: the conflict between EU competence in this field and national sovereignty, and the friction between immigration control and the protection of human rights. The EU's approach to resolving the two key tensions in this area are assessed by examining the four key subjects addressed by immigration law: visas and border controls, irregular migration, legal migration, and asylum. The European Union (...) has been more active in the fields of visas and border controls than in any other area of immigration and asylum law owing to the early development of a legal framework, originally in the form of the Schengen Convention. As for irregular migration, the European Union's initial piecemeal approach has been supplemented by the adoption of the fairly comprehensive Returns Directive. (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)

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)

This chapter offers a discussion of Leonard Harris’ insurrectionist philosophy, paying special attention to those places where Harris attenuates the capability and scope of human reasoning. The chapter critically engages: claims to divine reasoning, conceptual approaches to racism that rely upon totalizing accounts, the prominent conception of modernity, the notion that human apperception is unaffected by the episteme (i.e., intervening background assumptions that pervade the present epoch), and the notion that Harris’ philosophy precludes us from establishing moral imperatives and value (...) ultimates. The author argues that one must take into account the cognitive and rational limitations—the corporeality and fallibilism—of human beings to understand Harris’ proffered conception of efficacious reasoning in moral contexts. Only then will we understand the ongoing creation and transvaluation of our norms and values, and what we could be outside the Asylum walls. (shrink)

The aim of this paper is twofold: first, it seeks to provide a better understanding of lawyers’ ethics in practice in the field of publicly funded asylum law. It does so by examining Dutch asylum legal aid lawyers’ moral reasoning in respect of the ethically challenging issue of ‘the hopeless case’, employing a version of Christine Parker’s four approaches to moral reasoning in legal practice: adversarial advocacy, responsible lawyering, moral activism and relational lawyering. Second, it aims to demonstrate (...) the applicability of Parker’s taxonomy, developed in a common law country (Australia), to a civil law country (The Netherlands). This paper shows, in line with what Parker argued, that lawyers may apply a combination of approaches – different ethical considerations carry different in weight in different circumstances. It provides illustrations of situations in which approaches coexist and compete and the circumstances in which one prevails over the other in the area under review. (shrink)

This paper draws on a social perspective of language use in the legal processes of asylum claims with particular attention to decision-writing and written texts within the context of the Greek Appeals Authority. Such a perspective aligns with an interdisciplinary call for emerging research framed in sociolinguistics and the law, that facilitates knowledge sharing in order to make visible the institutional veracity control inherent in asylum processes. To that end, applying van Leeuwen’s social actor network framework, I analyze (...) nine (9) institutional written records, issued between 2011 and 2021 by focusing on the semiotics resources at play in writing. My conclusions highlight the institutional discursive power over writing and representing the applicants and their claims. Ultimately, such institutionally controlled texts are nothing but technopolitical discourse devices through which access to or rejection of protection is granted, thereby governing asylum in fundamentally stratified ways. (shrink)

Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that (...) are not, at least at first glance, clearly political. Additionally, the reasons why gangs target particular individuals often do not obviously fit into one of the traditional protected grounds. If applicants fleeing gang activity are to successfully apply for asylum they will have to overcome these apparent difficulties. In this paper, a contribution to the University of Memphis Law Review Spring Symposium on immigration reform, I break down gang-related asylum claims into three main categories and show how at least some cases in each category fit within the area set out for protection by asylum and refugee law. I briefly discuss a conceptual framework which explains how some gang-related cases should be seen as falling in the area that asylum law seeks to protect (thereby providing a concrete example of the sort of protection that I claim in my dissertation refugee law is meant to provide) and give advice to practitioners about how to formulate meritorious claims. (shrink)

The Gods of our Ancient World are migrating toward the South. Pushed back by supermarkets, television shows and the rights of man divorced from himself, they have ended up taking refuge in the last Christian region that faces Islam: in Andalusia that is one of their last lands of asylum. They have left traces of their passage in our museums upon which we construct pyramids in order to feign our veneration for them. Now and then they accompany the silence (...) of a symphony to the rhythm of the high priest's baton. However, in the South they are alive. Accommodating themselves to the din of household appliances and of tourism, they appear sometimes in all the splendor of the Midi during the passage of the virgins of peace and bleeding christs. But most frequently they hide in the midst of the Andulusian festival, under the flanks of the fighting bulls or in taverns that are filled with raucous songs. Be it that they intrude upon a play in order to transform it into a ritual; be it that they honor art and sensuality in their celebrations — they choose for their appearances the blurred boundary between the world of the sacred and of the profane. (shrink)

One of the recent attempts to explore epistemic dimensions of forced displacement focuses on the institution of gender-based asylum and hopes to detect forms of epistemic injustice within assessments of gender related asylum applications. Following this attempt, I aim in this paper to demonstrate how the institution of gender-based asylum is structured to produce epistemic injustice at least in the forms of testimonial injustice and contributory injustice. This structural limit becomes visible when we realize how the institution (...) of asylum is formed to provide legitimacy to the institutional comfort the respective migration courts and boards enjoy. This institutional comfort afforded to migration boards and courts by the existing asylum regimes in the current order of nation-states leads to a systemic prioritization of state actors’ epistemic resources rather than that of applicants, which, in turn, results in epistemic injustice and impacts the determination of applicants’ refugee status. (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)

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 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)

Corrupt political institutions, lack of resources, and gang violence in Central America fuel the influx of asylum-seeking women and children to the United States. Yet, immigrant women and children are still at risk for poor health and violence in the US due to the lack of protection and support. Through a case study of a teenage girl from Honduras living in the US who was murdered by her ex-boyfriend who followed her to the US, we elucidate ways in which (...) the US and Honduras have violated the rights of women and children. As background, we describe the context of US foreign policy towards immigration and the market for illicit drugs; and, in Honduras, the lack of appropriate healthcare, education, and legal protections. We identify human rights–based solutions to protect the rights of women and children and provide recommendations for improvement for the US government and organizations in Honduras. (shrink)

Post–World War II developments concerning citizenship and access as one of the dimensions of citizenship are examined through the prism of noncitizenship and rights, using the drafting of the asylum paragraph of the 1949 Grundgesetz of the Federal Republic of Germany as a specific case study. The aim of this article is to look into the creation of the right to asylum in West Germany, to examine its political history by exploring its development and by searching for its (...) conceptual, political, and rhetorical origins. The article investigates the birth of the unique conceptualization of asylum in the debates of the Parliamentary Council, the constitutional and quasi-parliamentary assembly responsible for the writing of the postwar Basic Law, and examines the political choices, motivations, and compromises behind its creation. To connect the matter of asylum to a wider problematic related to noncitizens and rights, the article benefits from the political philosophy of Hannah Arendt, with reference to her writings on human rights and refugees in the immediate post–World War II period. (shrink)

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)

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)

The current international asylum regime recognizes only persecuted persons as rightful asylum applicants. The Geneva Convention and Protocol enumerate specific grounds upon which persecution is recognized. Claimants who cannot demonstrate a real risk of persecution based on one of the recognized grounds are unlikely to be granted asylum. This paper aims to relate real-world practices to normative theories, asking whether the Convention’s restricted preference towards persecuted persons is normatively justified. I intend to show that the justifications of (...) the persecution criterion also apply to grounds currently lacking recognition. My main concern will be persecution on the grounds of gender.The first section introduces the dominant standpoints in theories of asylum, which give different answers to the question of who should be granted asylum, based on different normative considerations. Humanitarian theories base their claims on the factual neediness of asylum-seekers, holding that whoever is in grave danger of harm or deprivation should be granted asylum. Political theories base their justifications on conceptions of legitimacy and membership, holding that whoever has been denied membership in their original state should be granted asylum. Under political theories, Matthew Price’s theory will be discussed, which provides a normative justification of the currently recognized persecution criterion. The second section provides a descriptive definition of persecution based on Kuosmanen, and evaluates the normative relevance of the different elements of this definition based on the theories presented previously. The third section is devoted to the examination of the normative justifiability of the nexus clause’s exclusive list of the bases upon which persons might be persecuted. The section argues that while the clause does not recognize that persecution might be based on gender, in fact many women experience harms based on gender that fulfil all the normatively relevant definitive conditions constituting persecution. The conclusion shows that although the current law’s preferences towards the persecuted are justifiable, the nexus clause’s limiting enumeration of grounds is not. This applies especially to the exclusion of gender as grounds for granting asylum.Article first published online: 21 DEC 2015. (shrink)