Encampment continues to be one of the dominant modes of responding to refugee situations. I suggest that we would do well to conceive of the wrongfulness of refugee camps not just in terms of their effects, but also in terms of their function. I endorse the view that camps currently function primarily to contain displaced persons and develop a novel conception of the wrong of encampment in terms of that function. Drawing on Heidegger's account of the spatiality proper (...) to different entities, I argue that practices of containment reduce refugees to the status of objects to be, in effect, immobilized and stored away for an indeterminate amount of time. (shrink)

Refugees constitute one of the most serious international problems that the world faces today. The problem of guarantee of access to a language that is understood by the applicant in the procedure for granting refugee status, presented in this paper, is strongly associated with this matter. Due to the fact that this is an issue which affects a considerable number of states, both interna- tional and domestic regulations concerning the granting of refugee status were selected for (...) examination in the present paper. The provisions of the Convention relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland were considered. The paper focuses on an analysis of the guarantee to make provision for communication in an understandable language, which does not create a barrier for the person applying for refugee status while communicating with administrative agencies that are decisive in granting the aforementioned status. (shrink)

The Dayton General Framework Agreement for Peace of late 1995 brought a ceasefire and an end to the killings in Bosnia. More than 11 years after its signing, some of Dayton’s outlined aims for Bosnia remain unfulfilled or realized with mixed results. Late in 2005, on the occasion of the 10th anniversary of Dayton, leading world political figures raved about the successes of Dayton, but the immediate calls for the reform of Constitution included in the Dayton agreement, which followed the (...) praise, are perhaps a better indicator of the Agreement’s shortfalls in transitioning the Bosnian society from war to peace and subsequently creating a functioning state since its signing. The outlined aims of Dayton were undoubtedly ambitious. This article will examine the successes and failures of Dayton, within the framework of its own aims and jurisdiction – which themselves, in the process, evolved and changed – to protect human rights with respect to the freedom of movement, the return of refugees, and the war crime indictments. (shrink)

Feminism, poststructuralism, postcolonialism, and Marxism, among other critical approaches, have undermined traditional notions of aesthetics in recent decades. But questions of aesthetic judgment and pleasure persist, and many critics now seek a "return to aesthetics" or a "return to beauty." Janet Wolff advances a "postcritical" aesthetics grounded in shared values that are negotiated in the context of community. She relates this approach to contemporary debates about a committed politics similarly founded on the abandonment of certainty. Neither universalist nor relativist, the (...) "aesthetics of uncertainty" provides a discourse on beauty that contemporary critics can engage with and offers a basis for judgment that is committed to assigning value to works of art. Wolff explores her position through a range of topics: the question of beauty in relation to feminist critique; the problematic status of twentieth-century English art, visual representations of the Holocaust, Jewish identity as portrayed by the artist R. B. Kitaj, refugee artists and modernism in 1940s Britain, and the nature and appeal of imagistic thinking in sociology. She addresses the desire for certainty and the timeliness of doubt and concludes with a meditation on the intersection of aesthetics and ethics, arguing that ethical issues are very much implicated in aesthetic discourse. (shrink)

Our understanding of the impact of gender on refugee determination has evolved greatly over the last 60 years. Though many people initially believed that women could not be persecuted qua women, it is now frequently recognized that certain forms of gender-related persecution are sufficient to warrant asylum. Yet despite this conceptual progress, many states are still reluctant to consider certain forms of gender-related persecution to be sufficient to warrant asylum or refugee status. One reason for this continued (...) bias is the lack of a framework with which to understand gender-related persecution. I argue that we ought to understand gender-related persecution as resulting from the intersection of individual or state persecution and structural injustice. Structural injustice can be understood as the kind of everyday injustice, harm, and violence that women experience that makes possible the more extraordinary kinds of violence that women are likely to claim as the basis of asylum. Understanding gender-related persecution within the context of structural injustice will, I argue, help us to see it as a legitimate form of persecution and thus allow more just outcomes for women refugees. (shrink)

Feminism, poststructuralism, postcolonialism, and Marxism, among other critical approaches, have undermined traditional notions of aesthetics in recent decades. But questions of aesthetic judgment and pleasure persist, and many critics now seek a "return to aesthetics" or a "return to beauty." Janet Wolff advances a "postcritical" aesthetics grounded in shared values that are negotiated in the context of community. She relates this approach to contemporary debates about a committed politics similarly founded on the abandonment of certainty. Neither universalist nor relativist, the (...) "aesthetics of uncertainty" provides a discourse on beauty that contemporary critics can engage with and offers a basis for judgment that is committed to assigning value to works of art. Wolff explores her position through a range of topics: the question of beauty in relation to feminist critique; the problematic status of twentieth-century English art, visual representations of the Holocaust, Jewish identity as portrayed by the artist R. B. Kitaj, refugee artists and modernism in 1940s Britain, and the nature and appeal of imagistic thinking in sociology. She addresses the desire for certainty and the timeliness of doubt and concludes with a meditation on the intersection of aesthetics and ethics, arguing that ethical issues are very much implicated in aesthetic discourse. (shrink)

This article focuses on the events surrounding a homosexual Romanian man's attempt to be recognized as a refugee in Britain. Numerous themes emerge such as the nature of authenticity, knowledge, identity, pleasure, evidence and the homosexual refugee as being caught in between two legal apparatuses (that is, fleeing from the hostility of one legal regime and then trying to gain refugee status, and thus legal protection, via a British Immigration Tribunal). In this article, the corporeality and (...) sensuality of legal practices are exposed in the form of `practices of truth'. That is, in this case medico-legal `living individuals' were to perceive, hear, speak, touch and penetrate the `secrets' of Mr Vraciu's body in order to authenticate his sexual identity for the purposes of law. This case also demonstrates the existence of a differend between what I describe as the self-knowledge of homosexuality and the `legal' fact-based, or authorized knowledge of homosexual identity produced through practices of truth. (shrink)

Internal protection alternative (further—IPA) as the element of refugee definition is interpreted very differently in the practice of the State Parties to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (further—Geneva Convention). Thus it is important to regulate this concept clearly in the EC directive 2004/83/EB (further—Qualification directive) and its coming amendments. The definition of the IPA concept does not contain adequate criteria for assessing the level and effectiveness of protection required, in line (...) with the Geneva Convention and the ECHR, thus allowing Member States to reject claims and return applicants to their country of origin despite the lack of effective protection. Moreover, this concept is defined in a broad and vague manner which creates a risk of diverse recognition practices. (shrink)

"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

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

The 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees embody fundamental provisions of refugee law. However, since the adoption of these documents the world has changed dramatically and the laws are not developing fast enough in order to catch up with dynamically changing contemporary situations. The application and interpretation of definition of a refugee was developed through traditional practice of Western states, which was influenced by two (...) world wars and the Cold War, when refugees from Africa or Asia were uncommon. The Qualification Directive specifically aims at ensuring that the member states apply common qualification criteria for persons who need international protection in line with the 1951 Convention Relating to the Status of Refugees. The author supports the statement that the Qualification Directive in principle aims at bringing back under the definition of refugee those, who have been left outside of its scope during the last decades as a result of the restrictive interpretation and application of the definition of refugee. (shrink)

Calls to recognize a right of return are a recurring feature of refugee crises. Particularly when such crises become long-term, advocates of displaced people insist that they be allowed to return to their country of origin. I argue that this right is best understood as the right of refugees to return, not to a prior territory, but to a prior political status. This status is one that sees not just any state, but a refugee's state of (...) origin, take responsibility for safeguarding their welfare. This entitlement I characterize as an institutional right: a right that presupposes, and is a necessary feature of, a particular institution. The institution of which the right of return is an indispensable part is the international political system that sees authority exercised by sovereign states. The institutional argument for a right of refugee return presupposes two basic factual claims about states: they play a central role in safeguarding rights and they pursue exclusionary policies of border control. Importantly, the institutional view presupposes only that states do perform both functions, not that they are justified in doing so. On a purely normative level, the institutional account assumes little more than the moral equality of human beings. (shrink)

Literature on the ethics of researching refugees, both as participants and partners, presents strong arguments for why anonymity is the safer option in the event of questionable consent. However, blanket anonymity, without asking refugee interviewees if they wish to be anonymous, may cause more harm than good in certain contexts. One such context which this article will explore is the context of Israel, where a working Refugee Status Determination (RSD) system has yet to be established. This case (...) study highlights that, even in extreme circumstances where identity exposure can create risks, there may be a case for allowing identity exposure and perhaps an obligation on the part of the researcher to publish a name if this is the strong wish of the interviewee. This article builds on literature addressing confidentiality of identities (Duvell et al., 2010; Giordano et al., 2007; Kelly, 2009; Lahman et al., 2011; Lee, 1993; Mackenzie et al., 2007; Pittaway et al., 2010) and literature addressing informed consent (Hugman et al., 2011; Mackenzie et al., 2007; Pittaway et al., 2010; Zion et al., 2010). Primary sources demonstrating the use of waiving anonymity were collected between 2007 and 2012. Data were collected from refugee and activist civil society publications, television and newspaper media reports, participatory observation in the Israeli Knesset, and in-depth interviews with refugees and asylum seekers from South Sudan, Sudan, DR Congo, Liberia and Eritrea living in Tel Aviv, Jerusalem and Eilat. (shrink)

Should refugees receive political rights in liberal democracies? I argue that they should. Refugees are special – at least when it comes to claims towards democratic inclusion. They lack exit options and are significantly impacted by decisions made in liberal democracies. Enfranchisement is a matter of urgency to them and should occur on a national level. But what justifies the democratic inclusion of refugees? I draw on the all-subjected principle in arguing that all those subjected to rule in a political (...) unit should have a say in such rule. I show that refugees cannot be denied democratic inclusion based on the argument that transients should be excluded from participation. Refugees are not transients. Finally, I show that naturalization is not a prerequisite for enfranchisement. Political rights and citizenship can be had independently of each other. Refugees, then, should be nationally enfranchised as soon as they receive refugee status. (shrink)

The purpose of this study is to deconstruct the language used in President Trump’s Facebook posts while on the campaign trail, and the subsequent comments which reiterate and reify this rhetoric, to understand how Syrian refugees are labeled as a dangerous population unworthy of asylum. By utilizing the theoretical groundwork of Foucault, Agamben, and Mbembe, this qualitative content analysis will explore how Syrian refugees, as depicted by Facebook comments, represent a “disposable population.” We conclude that by reducing Syrian refugees to (...) a sub-human status and representing them as the dangerous and unworthy other, both President Trump who initiated this rhetoric, and those who responded in a way which legitimized his views, effectively labeled Syrian refugees as a dangerous population unworthy of asylum within the USA. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Refugees of a Crisis in ReferenceHolocaust Memoir and the Deconstruction of Paul de ManPatrick Lawrence (bio)Since discovery of Paul de Man’s wartime journalism, the debate over perceived ethical deficiencies in the philosophies of postmodernism in general, and deconstruction in particular, has intensified. At times more or less vitriolic or persuasive, this debate has brought about a crisis of scholarship to accompany the crisis of reference that is one of (...) its central points.1 At the horizon of the discussion is the Holocaust and its potential to reform modes of representation. As Jeremy Varon notes in his essay “Probing the Limits of the Politics of Representation”:the premises and insights of a variety of discourses, notably postructuralism [sic], deconstruction, psychoanalysis in its newer versions, metahistory, and postmodern theory in general, have at once been applied to and checked against the Holocaust. Such discourses often approach the Holocaust as a kind of limit case that tests the strengths and weaknesses of their various interpretive strategies.(Varon 84)It seems natural because of its (perhaps incomprehensible) magnitude and significance that the Holocaust should occasion self-testing and soul searching on the part of a variety of discourses, notably those that already inclined to such activities.2 Because of its status as at once radically historical and radically ahistorical (in that its import for history cannot be denied, but that the scope of its horror may transform notions of historicity), the Holocaust calls for a reassessment of all aesthetic, poetic, and theoretical paradigms. In the context of such novel and difficult historicity, the problematization of reference that de Manian deconstruction occasions takes on new and complex implications that need particular attention. This is especially important because, like American deconstruction, artistic representations of the Holocaust also assert a new, problematic relationship with their referent.My intention is not to delve into this debate exhaustively. Rather, I attempt an understanding of the problems of some specific critical-theoretical tenets proposed by Paul de Man as they interact with Holocaust memoirs. Doing so may be a way to understand the larger issue by exploring its expression in a narrow vein: that of literature. Holocaust memoirs as a group have been read as making new claims about their relation to a particular referent—about the inability of fully representing the Holocaust in existing modes—but they also make simultaneous claims about the utter necessity of attempting to do so. It will be helpful to see how this revolution of the relationship of [End Page 17] writing to its referent is perhaps at odds with that other similar revolution, that of deconstruction. I also attempt to put this potential conflict into a frame that may elucidate the reasons for their disconnect, using Lyotard’s well-known attempt at establishing an order of postmodern ethics: The Differend, as well as approaches to trauma and memory suggested by Derrida.My aim here is also not to delve into judgments of guilt or innocence with respect to de Man himself and his activities during World War II. I instead venture into the ways, both positive and negative, but inherently problematic, that his writings come into contact with an event recognized by many as a limit event, one that demands recognition of its historicity, even as it engenders a body of literature that expresses the difficulty of understanding the event itself.There is much in de Man’s writings that forces us to consider the restraints and potential of the means of construction of written texts. Exploring this can lead toward a better understanding of the way that individual texts create and manipulate meaning. To this end, much can be gained from de Manian criticism that makes apparent the contradictory tendency of linguistic constructions to indicate something outside themselves (their referential potential), even while their structures and conventions cast in doubt the reality of this “something.” One makes use of this discourse, not in the hopes of destroying the privilege of referentiality that underlies the structures of testimony, victimization, and trauma, but in the hopes of finding a way for the discourse of memoir (and autobiography) to be reconciled with the discourse of deconstruction in such a way that... (shrink)

Malaysia hosts a significant number of refugees, asylum-seekers and migrant workers. Healthcare access for these individuals has always proved a challenge: language barriers, financial constraints and mobility restrictions are some of the frequently cited hurdles. The COVID-19 pandemic has exacerbated these existing inequalities, with migrants and refugees bearing the brunt of chronic systemic injustices. Providing equitable healthcare access for all, regardless of their citizenship and social status remains an ethical challenge for healthcare providers, particularly within the framework of a (...) resource-limited healthcare system. Inclusive healthcare and socio-economic policies are necessary to ensure every individual’s equal opportunity to attain good health. The collective experiences of refugees and migrants in the pursuit of healthcare, as highlighted by the two cases described, showcases the importance of equity in healthcare access and the detrimental implications of non-inclusive healthcare and socio-economic policies. (shrink)

Despite its long history of refugee crises, Asia lacks effective refugee protection mechanisms. Most Asian states resist ratification of the international refugee laws, and many international organizations are ineffective and lack concrete legal and political approaches to protecting refugees. Asian civil society, particularly Asia Pacific Refugee Rights Network, collaborates to protect refugees by employing alternative frameworks. This paper argues that Asian civil society aims to challenge the nature of refugee protection in Asia. Instead of encouraging (...) states to ratify the 1951 Convention Relating to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees, APRRN stimulates national-level implementation of refugee protection principles and practices from below. It engages its members in global decision-making by mobilizing and sharing resources with them. APRRN frames refugee protection as international human rights issue instead of as a national security concern. (shrink)

À partir d’une recherche sociologique portant sur la quête de travail des réfugiés dits « reconnus » en France et en Bulgarie, cet article se propose d’ouvrir le chantier de l’étude de la dimension genrée de leur rapport au travail. Les femmes et les hommes réfugiés devenus ouvriers vivent généralement cette nouvelle condition comme un déclassement social et professionnel, sous le mode de la perte de statut et de la fragilisation identitaire, ce qui amplifie l’expérience, propre à l’exil, des ruptures (...) avec le monde habituel. Nous examinons comment ces ruptures peuvent s’accompagner de différents types de transformation de l’identification genrée (de la déstabilisation au renforcement des stéréotypes « virils » ou « féminins »), et comment les normes de genre peuvent offrir différentes ressources, et rendre possibles différentes stratégies, pour faire avec une nouvelle condition généralement considérée comme peu enviable. (shrink)

Environmental displacement is a global phenomenon affecting millions of people. Due to climate change and the corresponding sea-level rise, it is estimated that about eight million of indigenous people of Pacific Islands will be forced to settle elsewhere by 2050. This is one of many examples confirming the need to ascertain the legal status of environmental refugee in international law. The term ‘environmental refugee’ is controversially discussed and internationally not recognised. First, this article discusses the reasons for (...) reluctance of international organisations to accept this term. Second, noting the cold reception of this term at the regional and state levels, a discussion on whether fears associated with this term are based on solid arguments becomes pertinent. Third, this article outlines the possibility of granting refugee status under international law, especially under human rights and environmental law. Fourth, academic discourses will be examined as they play a crucial role in the conceptual development of ‘environmental refugee’ and, to some academics, the existing refugee definition already encompasses ‘environmental refugees’. Taking into account the developments of the environmental and human rights regime, this article concludes that time is ripe for international law to provide refugee status to environmentally displaced people. (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)

Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper immigration (...) standing that is not available to adults. Despite the fact that these benefits are extremely widespread, the justification for them remains less than fully clear, and the extent of the benefits required by considerations of justice (as opposed to expediency or other policy considerations) is debated. While essentially all states recognize at least some of these rights, a significant number of them wish to reduce, rescind, or place significant conditions on them. The role of the family in immigration policy, then, stands in need of further clarification. In this paper I attempt to provide the needed clarification and justification. I discuss first questions about family unification or formation, focusing in particular on how broad a right must be provided by states wishing to have a just immigration policy, and on whether this right violates norms of liberal neutrality. I then discuss the family in relation to refugee and asylum policy, considering both when family ties should be given weight in refugee protection decision and when harm to a family member should, on its own, be able to be grounds for applying for refugee protection. I turn next to the question of when, and to what extent, family ties should be able to serve as a “shield” to removal or deportation, and finish with a discussion of the special rights of and obligations to children in immigration settings. (shrink)

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

The critical aspect of Slavoj Žižek’s philosophical system is clearly established. It has allowed us to see the ideological backdrop of late capitalism and its political situation. As we move from critique of ideology to theory proper, the desert of Žižekian politics lies in describing the political implications of a politics of subjectivity. Here, I tackle the question of how should we deal with the post-event rupture, when the morning after demands us to present a viable alternative to the previous (...) system. Engaging with Žižek’s latest works, I find a deadlock: responding to the myriad of anti-Trump movements and actions, Žižek warned us of the dangers of false activity and invites us to further study the conditions that allowed the rise of clownish populists in the first place; concerning the European debate about the refugee crisis, he argues for the strengthening of European borders as well as provide an effective bureaucracy to deal with the influx of refugees, avoiding the liberal leftist naïveté of open borders. Such positions do not sit well with the liberal leftist politics that invite us to combat fascism at all costs and demand a compassionate policy towards the refugees. Here, the question of Žižekian politics becomes clear: is it a form of pragmatism or a revolutionary theory that depends on the collective subject that introduces the rupture to the status quo? I do not argue that it is one or the other; rather, the two sides provoke a dialectical examination of our political situation, where grand revolutionary projects are constantly haunted by the stigma of failure. Hence, Žižekian politics, as a politics of subjectivity, is a politics of the organization of the collective from the margins that will break the status quo; but, as a politics of militantism, collectivity is complemented by the vigorous study of our present situation to be able to properly confront the political crises of our time. (shrink)

In the face of the desperate plight of refugees, virtually all moral and political philosophers, regardless of their general position on immigration controls, argue that states have a duty to grant asylum: people must not be turned back to countries where they would face persecution or severe human rights violations. Yet this consensus obscures a number of thorny ethical issues raised by the plight of the displaced. In this piece, I want to draw from recent writing in political and ethical (...) theory to bring some of these issues into view. I start by considering what a refugee is, before turning to the question how the obligations of political communities to the displaced are grounded. I then move to consider what societies owe to refugees and the question of international justice in the allocation of asylum. I conclude with a discussion of the moral responsibilities of refugees themselves. (shrink)

The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as trumps (...) on ordinary representative politics. Are they the ultimate success story of the human rights framework? Or was Michael Walzer correct to describe government of denizens by citizens as a modern form of ‘tyranny’? This paper argues that neither liberal rights theorists nor democratic republicans provide a coherent response to the existence of denizens. Liberal rights theorists overstate the extent to which a politically powerless status can secure individual rights, while democratic republicans idealise the political process and wrongly assume that all those affected by laws are eligible for political participation. The paper outlines an alternative model for assessing the accountability of states to their non-citizen population, informed by the republican ideal of non-domination. It identifies gaps in state accountability to denizens–such as where there is inadequate diplomatic protection—and argues that these gaps are particularly troubling if their exit costs of leaving the state are high. (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)

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)

The article covers the development of the idea of ​​patriarchal status in 1945-1962 within the Ukrainian Greek Catholic Church in the diaspora, focusing mainly on the third wave of Ukrainian emigration. After the Second World War, about 250,000 Ukrainian refugees found themselves in Western Europe, from where in 1947-1955, they moved to the countries of North and South America, Western Europe and Australia. The growing role of the Church, which continued to play a significant role in their lives after (...) their resettlement to the countries mentioned above, marked the experience of their stay in the DP camps. The DP camps became a place of a closer rapprochement between Ukrainian Greek Catholics and Orthodox Christians, one consequence of which was the appeals of a Ukrainian Greek Catholic bishops with a proposal to create a joint patriarchate with Ukrainian Orthodox, which would be in unity with Rome. On the other hand, the expansion of the geography of the presence of the UGCC and the founding of new metropolises in Canada and the United States brought to the fore the question of the unity of all structural units of this Church at the global level, which, as some believed, could have been secured by the patriarchal institution. Finally, the patriarchate was considered by the post-war Ukrainian emigration as a means of preserving the unity of the diaspora in the face of assimilation and disintegration. Furthermore, in the future, as an institution that could effectively help the Church revive at home after independence. The last aspect of the patriarchal idea had a significant impact on the emergence of the Ukrainian patriarchal movement, and its closeness to the goals set by the third wave of Ukrainian emigration provided that movement with a high level of massiveness and passionate vigorousness for the movement. (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)

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

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically distinct approaches grounding the right to refugee status and argues that all three are normatively inadequate. Refugee status should neither be grounded in individual persecution for specific reasons (classical approach) nor in individual persecution for any discriminatory reasons (human rights approach). It should also not be based (...) solely on harm (humanitarian approach). Rather, this article argues, it should be based on political oppression – on persons lacking public autonomy, formally expressed as a lack of legal–political status. The normative foundation for a claim to refugee status lies in the inability of a person to control, amend and seek recourse to the specific situation she faces. It lies in the lack of public autonomy expressed as a lack of legal–political rights. What matters for a claim to refugee status is thus the legal–political disenfranchisement of a person, ultimately leaving her with no recourse to the particular situation she faces other than flight. Refugees, then, are not only those who fear harm or persecution, but those who are politically oppressed. (shrink)

‘Framing the Refugee’ looks at the power of representation of liberal political theory with regard to refugees. In the author’s view, legal and political arbitrariness lies in the representing of refugees as lacking agency. His key point is that liberalism fails to conceive of refugees as politically capable actors, and he is thus complicit in the arbitrary neutralisation of their emancipatory potential and participatory powers. This paper emphasises the moral justifiability of that state of affairs by seeking some answers (...) to the question of why liberal political theory construes a concept of the refugee that does not contain any element of political agency. Most obviously, the author acknowledges that refugees perform a significant social role in contemporary societies and are hence active members in them. Nonetheless, they remain neglected in their political role by most political theory. What does it mean to have political agency for the author? It means to have the power of self-representation, that is, of being allowed and even enabled by a given legal system to bring about change in the political order, or at least to participate in that change. But the author also calls attention to the role of ‘theory’ in addressing this downside of the contemporary liberal democratic order. Theory becomes even more crucial at times of urgency, that is, when theorists have a moral responsibility to deepen their philosophical imagination, as Hannah Arendt so forcefully noted. The theoretical task of ‘re-framing’ the refugee entails reconfiguring political philosophy and its traditional categories of sovereignty, citizenship and nationality. The liberal inability to accommodate the political agency of many members of the political community – especially of non-nationals – is a sign of the historical contingency of the current rules of political membership. This inability makes evident the imperative of rethinking politics in ways that avoid the arbitrariness of treatment and aim instead at equality and justice. If political leaders can re-write the rules of membership to suit their own ideological agendas, the same demand should be addressed by – indeed demanded from – political and legal theorists. However, this is not as easy as it seems, according to the author. In his view, political theory is confronted with fundamental challenges, the most obvious one being that ‘theory’ is usually unequipped to defeat its own ‘topology’. Note that in saying this the author is raising a more pressing concern about arbitrary law-making: it may be that arbitrariness – especially the arbitrary treatment of aliens by the sovereign state and by liberal democracies in particular – is inscribed in the very DNA of liberalism. No matter how odd this may seem, the author advances the view that ideas, however creative of a new order, or transformative of a given status quo, never appear in "free form", and are instead deeply rooted in a structure that constrains our imagination. The challenge is thus to develop a meta-theory that reconceptualises the very way liberal political theory frames marginalised sectors of society – such as the "poor" – as a product of an international economic order that robs those sectors of their agency as the very condition of its internal functioning. We must therefore question how the very idea of the refugee is produced, because it symbolises the construction of an inside and an outside that is complicit with the arbitrary play of legal statuses involved in migration policy. The author’s main point regarding this is that certain groups are sidelined by economic, political and social systems because they are already excluded from theoretical systems to start with. Keywords: refugees, agency, political theory, migration. (shrink)

In the current framework of international protection, refugees almost invariably live in states where they hold no formal political status: they cannot vote, they cannot run for office, and they mu...

The four sections of the Metaphysische Anfangsgründe der Naturwissenschaft 1 are each introduced by a new definition of matter. For the Phoronomy it is defined as the movable in space (Ak. IV, 480); the other defini­tions presuppose this one. What is the status of the propositions ascribing existence to matter in these senses? Are the metaphysical principles of natural science as pure as the principles of pure understanding, or are they only required for experience which happens, in fact, to (...) contain matter as defined at the beginnings of the sections? (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)

When states cooperate in refugee protection and implement a scheme with fixed rules allocating refugees to host states, should they consider refugees' interests and preferences regarding where they receive protection? This article briefly examines the kinds of preferences and interests that are relevant to both refugees and states before discussing the moral principles determining the respective weight that should be attributed to them. We conclude that states must adhere to some minimal constraints concerning the consideration of refugees' concerns, and (...) should promote some further moral goals that go beyond these constraints. Finally, we suggest a scheme that meets all the moral demands we argued for and seems feasible without posing serious threats to the destination states. (shrink)

Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, "Who Are Refugees?", I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who (...) can only be helped by granting them refuge in a safe state for an indefinite period of time, and argued that this does not include most people fleeing from natural disasters. This claim is most strongly challenged by possibility of displacement from climate change. In this paper I will explore to what degree the logic of the refugee convention, as set out in my earlier paper, can and should be extended to those fleeing the results of climate change, and will argue that the logic of the refugee convention tells in favor of extending refugee protection to a portion of those who must flee their homes because of climate-change related environmental problems. (shrink)

The prominent place 0f corpuscularizm mechanism in L0ckc`s Essay is nowadays universally acknowledged} Certainly, L0ckc’s discussions 0f the primary/secondary quality distinction and 0f real essences cannot be understood without reference to the corpuscularizm science 0f his day, which held that all macroscopic bodily phenomena should bc explained in terms 0f the motions and impacts 0f submicroscopic particles, 0r corpuscles, each of which can bc fully characterized in terms of 21 strictly limited range 0f (primary) properties: size, shape, motion (or mobility), (...) and, perhaps, solidity 0r impcnctrability.2 Indeed, L0ckc’s lists 0f primary quali-. (shrink)

This chapter examines the series of drastic epistemological and methodological transformations in the status of hypotheses in British natural philosophy during the seventeenth century. It explains that hypotheses played a rather marginal role in Francis Bacon's methodological thought because he believed they lacked any physical content, although they occupied a centre stage in the Bacon-inspired natural philosophy program of Robert Boyle and Robert Hooke. The chapter mentions that Boyle and Hooke provided a new definition of hypothesis, which is that (...) of something conceived of as causally sufficient and probable explications of natural phenomena that stand in an evidential relation to the natural phenomena they serve to elucidate. (shrink)

The most recent global refugee figures are staggering, with over 82.4 million people forcibly displaced and 26.4 million registered refugees. The ongoing conflict in Syria is a major contributor. After a decade of violence and destabilization, over 13.4million Syrians have been displaced, including 6.7 million internally displaced persons and 6.7 million refugees registered in other countries. Beyond the immediate political and economic challenges, an essential component of any response to this humanitarian crisis must be health-related, including policies and interventions (...) specific to mental health. This policy and practice review addresses refugee mental health in the context of the Syrian crisis, providing an update and overview of the current situation while exploring new initiatives in mental health research and global health policy that can help strengthen and expand services. Relevant global health policy frameworks are first briefly introduced, followed by a short summary of recent research on refugee mental health. We then provide an update on the current status of research, service provision, and health policy in the leading destinations for Syrians who have been forcibly displaced. This starts within Syria and then turns to Turkey, Lebanon, Jordan, and Germany. Finally, several general recommendations are discussed, including the pressing need for more data at each phase of migration, the expansion of integrated mental health services, and the explicit inclusion and prioritization of refugee mental health in national and global health policy. (shrink)

An irrealist conception of a given region of discourse is the view that no real properties answer to the central predicates of the region in question. Any such conception emerges, invariably, as the result of the interaction of two forces. An account of the meaning of the central predicates, along with a conception of the sorts of property the world may contain, conspire to show that, if the predicates of the region are taken to express properties, their extensions would have (...) to be deemed uniformly empty. The question then becomes whether the predicates are best understood as expressing properties, and hence as founded on error, or whether they ought to be understood along non-factualist lines.z Historically, irrealist models were developed primarily in connection with evaluative discourse, although as physicalism has flourished and as reductionist programs have failed, their application has been extended to many other domains. Indeed, it is one of the more influential suggestions in contemporary philosophy of mind that they apply even to ordinary belief/desire psychology. A correct understanding of the semantics and metaphysics of content-based psychology leaves us, so the proponents of the in-. (shrink)

The current study examined how ingroup and outgroup Theory of Mind predicts children’s and adolescents’ reasoning for their acceptability judgments of intergroup bullying of Syrian refugee peers and group support of intergroup bullying. Participants included 587 Turkish middle and high school students. Participants read a bias-based bullying story with a Syrian refugee peer targeted by an ingroup Turkish peer. Then, participants rated the acceptability of bullying and group support of bullying and were presented with a reasoning question after (...) each acceptability question. Reasoning codes included Fairness, Refugee Status/War, Prejudice and Discrimination, Harm, Prescriptive Norms, Group Functioning, and Relationship with the Bully. Participants’ ingroup and outgroup ToM abilities were evaluated as predictors of reasoning. Results documented that middle school students were more likely to attribute mental states to their ingroup members compared to outgroup members while high school students’ ToM performance did not differ across contexts. Further, the more unacceptable participants judged bullying to be, the more they reasoned about the bullying by referencing fairness, refugee status, discrimination, and harm. Results also documented that ingroup and outgroup ToM were positively related to attribution to fairness and participants’ usage of multiple reasoning judgments while only outgroup ToM was a significant predictor of reasoning around refugee status/war, discrimination, and prejudice. The findings provide implications for intervention programs that tackle intergroup bullying by examining bystanders’ social cognitive skills in a specific context. (shrink)

We examine a number of investigations of perceptual economy or, more specifically, of minimum tendencies and minimum principles in the visual perception of form, depth, and motion. A minimum tendency is a psychophysical finding that perception tends toward simplicity, as measured in accordance with a specified metric. A minimum principle is a theoretical construct imputed to the visual system to explain minimum tendencies. After examining a number of studies of perceptual economy, we embark on a systematic analysis of this notion. (...) We examine the notion that simple perceptual representations must be defined within the "geometric constraints" provided by proximal stimulation. We then take up metrics of simplicity. Any study of perceptual economy must use a metric of simplicity; the choice of metric may be seen as a matter of convention, or it may have deep theoretical and empirical implications. We evaluate several answers to the question of why the visual system might favor economical representations. Finally, we examine several accounts of the process for achieving perceptual economy, concluding that those which favor massively parallel processing are the most plausible. (shrink)