Journal of Social Philosophy, EarlyView.

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)

In 2018, Attorney General Jeff Sessions, in Matter of A-B-, attempted to bar victims of non-state actors—such as intimate partners and local gangs—from obtaining asylum in the United States. This article focuses on domestic violence-based asylum claims that made it to the US Circuit Court of Appeals during the Trump administration and the first five months of the Biden administration. My interdisciplinary approach goes beyond analysing the effect that Matter of A-B- has had on the outcomes of (...) cases and asks how judges evaluate the credibility of petitioners, determine whether domestic violence can rise to the level of persecution, and decide whether a government was unwilling or unable to protect the victim. A systematic analysis of 83 appellate level verdicts shows that asylum decisions are fraught with inconsistencies and that many judges lack a sophisticated understanding of domestic violence, credibility, and trauma. (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)

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)

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)

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 paper discusses a recent turn in the ethics of refugee resettlement which involves taking the interests of refugees themselves into account in the distribution of refugees among potential refugee receiving countries. It argues that there is an important category of interest that does not align with the two commonly held views on what is owed to refugees: ‘safety’ or ‘conditions of a good life’. This category, focussing on the refugees’ interests in not being subjected to a variety of non- (...) class='Hi'>asylum-grounding injustices, should, by default, take precedence in the assessment of the refugee-based reasons in refugee resettlement. The normative salience of this category – not being subjected to injustice – is illustrated with the help of the case of LGBTIQ+ refugees, and the kinds of injustices they may be subject to in countries that provide them with asylum. (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)

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)

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)

Many lesbians and gay men apply for asylum in the U.K. each year on the basis that they fear persecution in their home country because of their sexual orientation. The legal basis for claiming asylum on the ground of sexual identity is now well established. Nevertheless, making these claims remains very difficult for applicants. Western cultural expectations around sexual identity often mix with homophobic assumptions about sexual behaviour to present applicants as “not sufficiently gay”. Furthermore, applicants may not (...) initially disclose their sexual identity to legal advisors, leading to assumptions that they are not “telling the truth” to the Immigration Tribunal. In this article, Barry O’Leary, a solicitor and legal activist on behalf of lesbian and gay refugees, discusses these problems and how U.K.-based asylum lawyers have attempted to work round them. (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)

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

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

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)

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

While in the recent years violations of asylum-seeker rights have been increasingly documented in EU Member States, the crisis at the EU-Belarus border has opened up a whole new chapter in this area. In response to the perceived migrant instrumentalisation by the Belarusian regime, several Member States—Latvia, Lithuania and Poland—have openly introduced long-term, far-reaching and blanket legislative measures that severely restricted the right to seek asylum and formalised pushbacks—contrary to their obligations under EU law and international refugee and (...) human rights law. This paper approaches the topic from a comparative socio-legal perspective. Apart from a legal analysis of the Latvian, Lithuanian and Polish domestic measures, it is based on interviews with non-EU nationals affected, as well as NGO representatives, volunteers and legal practitioners who have been providing legal and humanitarian assistance to people crossing from Belarus. The paper, first, offers an overview of Latvian, Lithuanian and Polish responses to the events at the border and looks at how the relevant measures affect the non-EU nationals involved. Second, it engages with the migrant instrumentalisation paradigm, relied on by the governments to derogate from EU and international legal framework, and explores the EU-level response to the crisis. This study argues that EU’s border with Belarus has de facto become an exclusion zone where protection seekers are deprived of their right to claim asylum and continuously exposed to various types of inhuman and degrading treatment. It also demonstrates that the migrant instrumentalisation concept is problematic on multiple levels and does not correspond to the realities on the ground. (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed (...) at international level due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

Conflicting social expectations in a particular state affect the interpretation and implementation of international human rights law. Ideological, religious, and legal factors related to the protection of freedom of religion or belief (FoRB) and freedom from discrimination based on sexual orientation and gender identity (SOGI) in Ukraine put businesses under social pressure. Businesses thus face a legitimate dilemma whether to follow national social expectations perceiving FoRB and freedom from discrimination based on SOGI as rights in conflict (...) or expectations arising from international human rights law establishing both freedoms as equal and non-clashing. Based on desk research and in-depth interviews with business policymakers the article identifies neutrality, ignoring, and active engagement strategies when providing corporate respect to FoRB and SOGI under the business and human rights framework ‘Protect, Respect, Remedy’ which requires responsible business conduct. The article concludes with the implications each strategy has for resolving presumed clashes between FoRB and SOGI at the community level. (shrink)

Taiwan is considered to be one of the most progressive countries in Asia but has no asylum law. Does it need one? Many in Taiwan, including officials and politicians, claim that the regulations that are currently in place are sufficient. There are, however, some people in Taiwan who require protection, and the government is not able to respond effectively in the absence of an asylum law. The author has identified several different groups in Taiwan that would benefit from (...) an asylum law — from Hong Kong protesters facing persecution, through Chinese dissidents or descendants of the ROC army from the Thai-Myanmar border region, to Turkish people with revoked passports; grouped into two major categories — persons from the PRC, Tibet, Hong Kong, and Macau and persons from other countries. The draft of the asylum law has been sitting in the Parliament for 14 years, and the reason for it not yet having passed is the “China Factor.” The Taiwan-China relationship thus cannot be disconnected from this issue, and the article discusses the three most common concerns with regard to this in the Taiwanese society. While these are legitimate concerns, they could be solved by adopting a dual asylum system dealing with group 1 and group 2 separately. Compared to UN member countries, Taiwan is on its own when it comes to the asylum issue, although adopting an asylum law is part of a broader push to bring Taiwan’s legal system in line with international human rights law. The article provides a comprehensive description and analysis of the refugee situation in Taiwan; it is based on document studies and interviews conducted in Taipei in autumn 2020. (shrink)

This article presents some of the findings from the original research carried out with asylum seeking and refugee women in Ireland who were pregnant or who had recently given birth. The explosion in numbers in Ireland from 1998 onwards has been such that this group now comprises more than one in five of every birth in the country's three major maternity hospitals, all based in Dublin. The article explores the background reasons for the major increase in recent years (...) of this group of women. It discusses the difficult circumstances encountered by women who must engage with a system of maternity care unused to such complex needs, amidst a general policy climate of uncertainty and even hostility towards asylum seekers. The research findings contribute to the feminist literature on maternity and challenge us to examine the way in which globalization is impacting on women as mothers and the need for challenging Western states anew on the development of a more coherent model of maternity care in response to the needs of such women. (shrink)

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

This paper attempts to reinterpret asylum theory (1954) propounded by Ortwin Henssler (1923–2017) as a free-space theory of education, as a way of grasping the problematic nature of ‘pedagogical protection.’ The theoretical potential of Henssler’s thought has been more appreciated, accepted, and developed in Japan than in his native Germany. First, I outline Henssler’s theory of asylum and show how his theory has been received and developed in Japan, especially in the fields of historical researches. Secondly, I discuss (...) the possibility of reading Henssler’s thought of asylum as a theory of ‘pedagogical protection.’ Thirdly, I consider whether it is possible to interpret ‘free space’ in education based on the model of asylum. Finally, I delineate some prospects for and challenges involved in connecting the theory of asylum to the theory of education. (shrink)

ABSTRACTIn recent years, with Europe witnessing its worst refugee crisis since the Second World War, the process of applying for asylum in a foreign country has become the focus of numerous studies and research programs. The aim of the present article is to explore the subject through a case study of the issues and complexities surrounding the interpreting and translation services offered by the Spanish Asylum and Refugee Office. The data is based on two surveys: the first (...) focused on the professionals’ views of the role of translators and interpreters, and the second on translators and interpreters working in the field of international protection. The findings obtained from these studies may prove useful for improving the various interpreting and translation training programs and services that are crucial for managing the refugee crisis and the multiple problems associated with it. (shrink)

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

Background The ideal basis of age estimation is considered to be a combination of clinical, skeletal and dental examinations. It is not easy to determine how forensic physicians take account of evidence-based data obtained from medical journals in their medical decision-making. The question of what is an ethically acceptable probability that adolescents are incorrectly considered to be over 18 has not been answered. Methods In a retrospective study over 1 year (2007), 498 files (for 141 female subjects and 357 (...) male subjects) regarding age assessment requested by the public prosecutor's office for purposes of criminal or asylum proceedings were reviewed. Chronological age was estimated from a combination of physical examination, radiographic examination of the left hand and determination of dental status. Results Estimates of chronological age in 498 subjects claiming to be 9–14 years old were incompatible with the alleged age in 356 (71%) when made by the forensic physician but in only 17 (3%) when based on data from published studies on age estimation in adolescents. Conclusions The present study suggests that in most cases the forensic physician ignores the adolescent's word. Medical mission and ethics imply a need to listen to the claims of persons in custody, whatever the risk of false claims. This situation should prompt forensic physicians to keep up with published data on estimating the age of adolescents. (shrink)

Director Kivu Ruhorahoza’s film Europa: ‘Based on a True Story’ is a blend of fiction, quasi-ethnography and autobiography. In this article, built in part on the foundations of Judith Butler’s conceptualizations of precariousness, precarity and assembly, Europa is read as a refusal to be relegated to the marginal spectrality of bare life. Simultaneously, this article considers the draft-like provisionality of the film as a hallmark of its precarity. Framed as an essay film about the fate of an African director (...) who attempts to make a film ‘out of Africa’, Europa provides a meditation on belonging and the precarious conditions of filming in Europe with an African passport. As Nandini Sikand writes, ‘the assumption of ethnographic fieldwork and participant observation is that by living and learning for an extended period alongside our informants, we are able to document and analyze their experience more accurately’ (2015: 45). Ruhorahoza’s film compels us to think about the position of the participant observer when the ‘extended period’ involves an agonizingly long asylum case, and when that observer is relegated to a space of unbelonging. (shrink)

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

Resumen: Las políticas europeas de inmigración y refugio han sido criticadas por quienes las consideran emblemas de una concepción que pone en grave riesgo elementos básicos del Estado de Derecho y aun de la democracia. El epítome es la aparición de mercados de esclavos en Libia, a las puertas de la UE, un Estado fallido que la UE y sus Estados miembros se empeñan en elevar a la condición de partner privilegiado de sus políticas de externalización. Tomando como base los (...) análisis de Lochak, Agambem y Bauman y la concepción de la propuesta por el filósofo camerunés Mbembé, desarrollando tesis de Foucault (biopolítica), se proponen algunas alternativas que vienen presididas por la exigencia de reconocimiento y garantía de derechos básicos de inmigrantes y refugiados. Abstract: European immigration and refuge policies have been criticized by those who see them as emblems of a conception that puts in serious risk basic elements of the Rule of Law and even of democracy. The epitome is the emergence of slave markets in Libya (at the gates of the EU), a failed state that, nevertheless, the EU and its Member States are determined to raise to the status of privileged partner of their outsourcing policies. Based on the analysis of Lochak, Agambem and Bauman and the conception of the proposed by the Cameroonian philosopher Mbembé who develops Foucault's thesis about biopolitics, this text will propose some alternatives that are leaded by the requirement of recognition and guarantee of rights of immigrants and refugees. (shrink)

In 2017, the Finnish Immigration Service received approximately 1,000 asylum applications and appeals based on conversion from Islam to Christianity. The applications claimed that converted asylum seekers would face mortal danger if returned to their countries of origin. The applications posed an unprecedented dilemma for the Finnish Immigration Service: how was it, as a secular state institution, to evaluate these claims of conversion? This question also became an object of significant public and media debate. In this article, (...) I examine how journalists writing for a religious media publication, Kirkko ja kaupunki, the newspaper of the Evangelical Lutheran Church in the Helsinki region, sought to intervene in the debate on asylum seekers’ conversions. I focus my analysis on one central line of argument in their reporting: a call for the better- inclusion of and engagement with religious expertise on Christianity by the Finnish Immigration Service when evaluating conversion-based asylum applications and appeals. I show that this call both positioned religious expertise as an antidote to the challenges that efforts to evaluate conversion-based asylum appeals posed to Finnish Immigration Service employees in this time period, and constituted expertise as a site for negotiations over the ‘proper’ relationship between religion and state. (shrink)

Based on a sociological survey carried out in a camp for asylum seekers in Belgium, the article questions the modes of existence in this “out of place” and “out of time” that is the camp. Behind the apparent emptiness of waiting in a decelerated present, the investigation highlights three temporalities that together shape the breathing of the camp and the living conditions of asylum seekers: the rhythm of the framework that holds together daily life, the cycle and (...) the passage that gives a sense of the ordeal and finally the singular time of the articulations between present, past and future which characterize the “being in time” of asylum seekers. After exploring these three temporalities, the author proposes a concept that allows them to hold together in order to understand the texture of time that unfolds in these “out of place”, “out of time” that are the camps. (shrink)

The study examines a model proposing relationships between personal values, positive (i.e., benefits) and negative (i.e., threats) appraisal of immigrants, and social contact. Based on a values-attitudes-behavior paradigm, the study extends previous work on personal values and attitudes to immigrants by examining not only negative but also positive appraisal and their connection with social contact with immigrants. Using a representative sample of 1,600 adults in the majority population in Israel, results showed that higher preference for anxiety-avoidance values (self-enhancement and (...) conservation) was related to higher levels of perceived threat and lower levels of benefit, while higher preference for anxiety-free values (self-transcendence and openness to change) was related to higher levels of perceived benefits and lower levels of threat. Greater opportunities for contact and perceived benefits and lower levels of threats were related to more social contact. The model showed good fit across the total sample, and across four diverse immigrant groups in Israel (diaspora immigrants from the Former Soviet Union, Ethiopia and Western countries, and asylum seekers). In line with a Stereotype Content Model, which suggests that group-specific stereotypes are related to social structural characteristics of the group, associations between variables differed by group. Results strengthen a theoretical conceptualization that posits an indirect relationship between personal value preferences and behavior through group appraisal. They highlight the importance of comprehensive conceptualizations including both positive and negative appraisal of immigrants, which take into account the way different groups may be appraised by the majority population. (shrink)

Humanitarian migration creates, on the one hand, huge benefits for those who are protected from war, persecution and other forms of violence, but, on the other hand, involves also net monetary and social costs for the population in host countries providing protection at the same time. This is the core of the ethical and political problem associated with the governance of humanitarian migration. Against this background, this paper discusses whether the provision of protection can be founded on rational ethical principles. (...) By drawing on a utilitarian approach a simple criterion is derived: Humanitarian migration is welfare improving, as long as the benefits of the marginal humanitarian migrant exceed the marginal costs of providing shelter per refugee. Based on this principle, practical solutions for the admission of humanitarian migrants and the international and European coordination of asylum policies are discussed. (shrink)

The establishment of the Common European Asylum System by 2012 remains a key policy objective for the European Union. According to the Council of the European Union, the development of a Common Asylum Policy should be based on a full and inclusive application of the 1951 Geneva Convention Relating to the Status of Refugees and other relevant international treaties. In the European Pact on Immigration and Asylum attention is brought to the persistence of wide disparities amongst (...) Member States in the granting of protection and the form of protection granted. This is seen as one of the main problems to be addressed in building the CEAS. It is fairly obvious that existing divergences in policy have a substantial impact upon the aims of the CEAS. It can be assumed that the difference in governmental practices involving recognizing asylum seekers on refugee grounds or subsidiary protection grounds may be a substantial factor in the decision-making process on where to apply for international protection. The European Commission stressed the importance, during the second phase of the CEAS, of paying particular attention to subsidiary and other forms of protection. (shrink)

ABSTRACT This article explores the complexity of classroom interaction between teachers and unaccompanied teenagers seeking asylum in Norway. These teenagers find themselves within legal and political ‘grey areas’ where educational goals specific to their extreme situations are unavailable to them, and they end up being either forgotten in the system or closely monitored for possible failure. Their teachers encounter these teenagers in their realities; new to a culture, new language, new ways of being and doing, in addition to past (...) traumatic experiences and overt monitoring by authorities. These unaccompanied teenagers have varied school experiences, lacking in many ways the cultural and educational knowledge in addition to language competencies needed to be in a high school. We explore what it might mean to teach in such circumstances where unresolvable dilemmas exist within a political school system that is ambivalent towards them and seems to be setting them on an exclusion trajectory within schools. Based on interviews with teachers and observations in two high schools on the west coast of Norway, we describe and interpret anecdotal narrative examples in the light of the continental phenomenology of practice methodology. We explore the existential educational possibilities that lie in moments when teaching appears to have failed, teachers seem not to know what to do, what kind of responsibility to take, or what kind of repercussions their actions might have on their students. The article argues that when education is controlled to the degree of possible outcomes, it thwarts meaningful encounters that would have been possible between the teachers and their young students. (shrink)

An in-depth reform of the asylum system took place in Great Britain from the 1830s onwards, under the influence of Dr John Conolly, who succeeded in imposing a new model at Hanwell pauper lunatic asylum, near London, a model that was more respectful of the patients and based on the abandonment of mechanical restraint (non-restraint) combined with occupational therapy. The success of this system at Hanwell, the largest asylum in the country with over a thousand inmates, (...) contributed to the spread of what became a form of psychiatric orthodoxy for the next thirty years. Far from being a strictly medical measure, this reform was anchored in a general reform of poor relief. In this respect, it was in line with the Poor Law of 1834 (inspired by Jeremy Bentham, notably under the aegis of Edwin Chadwick, secretary of the Poor Law Commission). This reform was also part of a more political reflection on the extension of civil and social rights for the working classes, in particular under the... (shrink)

In this paper, we discuss specific epistemic injustices suffered by gender minorities in the Philippines. We also show that societal changes have been evident throughout the years. We review some progressive Philippine Catholic communities' sustainable development efforts toward gender equality or toward the eradication of discrimination, marginalisation, and violence based on a person's sexual orientation, gender identity, or gender expression (SOGIE). Despite these epistemic injustices, we reveal that there are ways by which gender disorientations may be disrupted by progressive (...) Philippine Catholic groups and communities in the era of contemporary Christianities. (shrink)

Resumo: Ao longo da história, lepra e leproso foram objetos de representações de caráter depreciativo que permitiram a utilização de um modelo de tratamento para a doença fundamentado na exclusão do enfermo e no seu confinamento compulsório em instituições asilares. O artigo procura discutir a relação entre representações abstratas e práticas de poder a partir das medidas adotadas no combate à lepra no Brasil do século XX.Palavras-chave: lepra, representações, segregação, práticas de poder, violência.: In history, leprosy and leprous were subject (...) to depreciative representations which allow the usage of a leprosy treatment model based on patients exclusion and confining asylum institutions. This essay aims to discuss the relationship between abstract representations and power practices from the description of measures introduced with reference to leprosy in Brazil, 20th century.Key-words: leprosy, representations, segregation, power practices, violence. (shrink)

Unaccompanied refugee youth, who as children fled their countries to seek asylum in a foreign country without the company of an adult legal caretaker are described as being in a vulnerable situation. Many of them struggle with mental reactions to traumatic events experienced pre-migration, and to the daily hassles they face after being granted asylum and residence. Despite continuous high levels of mental health problems URY demonstrate remarkable agency and social mobility in the years after being granted (...) class='Hi'>asylum in their destination countries. A sense of subjective well-being may enable resilient outcomes in people exposed to past or ongoing adversities. To fill the gap in the research literature about positive psychological outcomes among URY, the overall aim of this study was to explore the longitudinal associations between SWB and two taxing acculturation hassles: perceived discrimination and ethnic identity crisis. Three annual waves of self-report questionnaire data were collected from a population-based sample of URY; n = 581, Mage = 20.01, Mlength of stay = 4.63, 82 % male, mainly from Afghanistan, Somalia, Iraq, and Sri Lanka. The longitudinal associations between SWB, perceived discrimination and ethnic identity crisis across time were analyzed using auto-regressive cross-lagged modeling. The results revealed that perceived discrimination, but not ethnic identity crisis, negatively predicted subsequent levels of SWB. More importantly, high levels of SWB at one timepoint predicted decreases in both discrimination and ethnic identity crisis at subsequent timepoints. Further, increases in SWB from one timepoint to the next was associated with significant co-occurring decreases in both discrimination and ethnic identity crisis, and vice versa. Despite the negative effect of perceived discrimination on SWB, promoting SWB in URY can protect them from future hazards of acculturation hassles in complex ways. We underscore the need for more research on SWB among URY and other refugee youth. We further discuss the potential of SWB to foster resilient outcomes in young refugees and suggest that interventions to strengthen SWB among them should consider their transnational and multicultural realities and experiences. (shrink)

Background Several ethical issues are associated with providing living organ transplantation services, and there is limited information on these issues faced by the teams providing service to refugees or asylum seekers. Aim To determine the challenges healthcare professionals face in organ transplant centers providing services to Syrians under temporary protection status and discern whether these difficulties align with ethical issues in living organ transplantation. Research design This study employed a qualitative design and conducted individual semi-structured, in-depth interviews with 18 (...) transplant team members in Istanbul between September and November 2022. Data analysis was based on Braun and Clarke’s thematic analysis. Participants and research context The participants comprised 18 healthcare professionals, including 6 physicians and 12 nurses working in organ transplant teams in Istanbul. Ethical considerations The University’s Ethics Committee provided approval. Participants were informed regarding confidentiality and signed an informed consent form. Results Three themes emerged from the data on ethical issues faced by organ transplantation services to Syrians: (a) beneficence or double equipoise, (b) autonomy, and (c) justice. Transplant teams experience problems related to preserving double equipoise in the provision of living donor organ transplantation because of language barriers, poor socioeconomic conditions, and cultural factors, which increases transplant teams’ individual and indirect social burden. Although problems arise from the language barrier when obtaining informed consent in the autonomy theme, institutional and national policies in preventing donor abuse have a comforting effect. Health workers had the least problems with the justice theme, wherein national health policies are determined. Conclusion Fewer issues related to autonomy and justice were reported in providing organ transplantation services to Syrians, with the most intense reported issues being maintaining double equipoise. The results revealed the need to develop institutional, national, and international policies with individual solutions to prevent difficulties healthcare professionals face in this process. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Wilhelm Griesinger: Psychiatry between Philosophy and PraxisKatherine Arens (bio)AbstractThis essay discusses Wilhelm Griesinger’s seminal work on mental illness, Mental Pathology and Therapeutics (1867, trans. 1882), in the context of transcendental idealism, as an outgrowth of the work of Kant, Herbart, and Hegel. Griesinger drew on an adaptation of Hegel’s dialectical model of history and science to offer both a new way to interpret mental illness as a product of (...) an individual’s long-term interactions with both nature and culture and a new norm for therapeutic practice based on the patient’s role in his community and history.Mental Pathology and Therapeutics rests on Griesinger’s adaptation of the Hegelian dialectic to the context of pragmatic science, first by adopting its model of the mind, then by describing the etiology of mental disease and a taxonomy of its forms. Griesinger’s work thus stands in a largely unacknowledged tradition alive as late as Sigmund Freud and Jacques Lacan.KeywordsGriesinger, history of psychiatry/psychology, idealism, Hegel, dialecticIn the nineteenth century, Wilhelm Griesinger (1817–68) emerged as a leader in a range of fields: modern-day psychiatric clinical practice, neuropathology, and diagnostics of mental diseases. 1 Griesinger was a theoretician, a clinician, a textbook author, and the founding editor of major professional organs in his field during the political and social ferment in the German-speaking world that allowed new, more socially responsible institutional practices to be considered by intellectual communities. As a consequence of 1849 German civil reforms, theory and practice became mutually enlightening, actually allowing Griesinger to implement his theories into concrete institutional reforms in the German mental health system.Wilhelm Griesinger’s education and career were in many ways typical for his generation. He enrolled at the University of Tübingen in 1834 as a medical student; there, he became politically active (as a member of a forbidden fraternity), and, like many of his contemporaries, became familiar with Hegelian philosophy. After holding several private positions, he was appointed an associate professor (ausserordentlicher Professor) for pathology, “materia medica” and history of medicine at Tübingen in 1847. In 1848, he was called to Kiel; in 1850, to Egypt. Tübingen reappointed him as a full professor for clinical medicine and head of the university clinic in 1854. By 1860, he had moved to Zurich in a professorship for the medical clinic, where, starting in 1863, he was a key person in the planning of a new clinic for mental diseases—the Burghölzli, where Jung later worked. By 1865, he went to Berlin, as director of the Charité (mental institution), among other positions, and he wrote extensively about reform in asylum practice until his premature death in 1868.To a degree, the eminence of this career is contradicted today by his reputation. Contemporary wisdom describes Griesinger as a synthesizer [End Page 147] rather than an innovator, a man who mixed medical psychology with psychology and psychiatric practice, allowing neurology to take a major role in the treatment of mental disease. 2 In one version, Griesinger simply pulled the clinic and the laboratory together, and so bridged Romanticism (i.e., speculative natural philosophy) and materialism (i.e., empirical science) while failing to effect crucial modern reforms. 3 In other descriptions, Griesinger is identified as an activist (Doerner 1981), a key player in the debates between the Hegelian left and right about the reformulation of public institutions (cf. Verwey 1985), 4 or a typical (but effective) member of the intellectual elite of his age. 5 None of these options explains the attractive or threatening aspects of his clinical practice, or suggests why a psychiatrist of his rank could have been so thoroughly refuted after his death. 6The discussion which follows will try to remedy this lack by setting Griesinger’s approach to mental illness in the context of a transformation of a model from philosophy into medical practice. Griesinger’s scientific context strongly combined philosophical theorizing and empirical practice, a synthesis that later generations tended to denigrate as a “speculative” approach to a branch of medicine that required a more empirical foundation. Drawing on an adaptation of Hegel’s dialectical model of history and... (shrink)

Ethics for Life is a straightforward guide to the main ethical theories and thinkers. We all face questions on an almost daily basis related to truth and post-truth, particularly in the political sphere, terrorism, globalization, immigration and asylum, social responsibility, media and social-media ethics, and gender and LGBT issues. So how do you navigate this minefield? Ethics for Life is an accessible introduction to all the key theories and thinkers. It shows the relevance of ethical ideas and theories to (...) everyday life, emphasizing the way our view of ourselves and the societies we live in is shaped by our moral values and the arguments they are based on. With contemporary examples and discussion of current debates including terrorism, genetics and the media, Ethics for Life will help you grasp how ethics applies to life today."--Publisher's description. (shrink)

The distinction between bottom-up and top-down control of action has been central in cognitive psychology, and, subsequently, in functional neuroimaging. While the model has proven successful in describing central mechanisms in cognitive experiments, it has serious shortcomings in explaining how top-down control is established. In particular, questions as to what is at the top in top-down control lead us to a controlling homunculus located in a mythical brain region with outputs and no inputs. Based on a discussion of recent (...) brain imaging experiments, we argue for the need to factor the interaction between the experimenter and the experimental participant into a realistic understanding of top-down control. We suggest these interactions involve a ‘sharing of scripts’ for perception and action that may be described as ‘top-top processes.’ We thereby expand the understanding of the homunculus to include elements of social cognition. This conceptual reconfiguration may grant some sort of asylum for a—not very omnipotent—homunculus. (shrink)

Neorepublicanism holds that domination is the foremost political evil. More, it claims to be able to address today’s most pressing issues. It follows that neorepublicanism should, then, speak to questions of migration, membership, and domination. However, this is not the case. Some critical voices inspired by the idea of non-domination arrive at interesting critiques of migration, membership, and domination, but their answers are often partial and in some ways problematic. They are also largely ahistorical. The contemporary paucity of neorepublican reflections (...) on migration contrasts sharply with its centrality in republican history. In the US, from the colonial period until late into the 19th century, some republicans understood the domination of migrants and citizens as conjoined concerns. They developed a robust account of the relationship between domestic domination and exclusionary migration regimes. They conceptualized the republic as a global asylum where membership is based on volitional allegiance, and they vigorously defended the right of aliens to expatriate. Those ideas were ultimately defeated by aristocratic, oligarchic, and statist forces. This article explicates that history through a genealogical account of what I call ‘insurgent republicanism’. The article then returns to contemporary theorization to diagnose its limitations, continuities, and potentials as seen from the perspective of the insurgent republican tradition. (shrink)

Psychopathy fascinates. Modernist writers construct out of it an image of alienated individualism pursuing the moment, killing they know not why, exploiting in passing, troubled, if troubled at all, not by guilt, but by perplexity (Camus 1989; Gide 1995; Mailer 1957; Musil 1996). Psychiatrists and psychologists—even those who should know better—are drawn by it to take off into philosophical speculation about morality, evil, and the beast in man (Mullen 1992; Simon 1996). Philosophers succumb to the temptation of attempting to ground (...) speculation in the supposed facticity of psychopathy. -/- Psychopathy is a cultural construct with roots going back to the eighteenth century, but which only came to full flower over the last fifty years (Hare 1998; Lewis 1974). The currently fashionable constructions of psychopathy find wide acceptance among clinicians and academics. The problem is, however, whether the concept has connections that have been established to the behavior, psychopathology, or the structure and function of brain worthy of according even a modest level of scientific status. There is little point in basing an argument on some supposed scientific gold standard if what glitters is iron pyrites (fools' gold). -/- Neil Levy's opening paragraph contains the statement "Yet in other respects they seem quite irrational; so much so that the term moral insanity has sometimes been applied to them" (p. 129). This both asserts that there is a category "them," namely the psychopaths, and connects them to "moral insanity." Moral insanity entered the language of psychiatry when Pritchard chose to use the term to translate Pinel's category of mania sans deliré (Pritchard 1836). Pinel was attempting to conceptualize a range of disorders that bordered on insanity in the sense of severe disturbances of affect, judgment, and behavior, but that were not accompanied by hallucinations or delusions (Pinel 1798/1964). In today's terminology, the cases he described would probably fall into diagnostic groups, including major depression, bipolar disorder, epilepsy, and a range of personality disorders. A number of his more striking case histories involved antisocial and even murderous behavior, which probably reflected Pinel's role in assessing offenders for the criminal courts of Paris. Pritchard's use of the English word "moral" reflected an appeal first to its use at the time to designate something which was like or similar, but not identical (a usage the OED labels "vulgar"), and second moral in the sense of ethical, conforming to virtuous behavior. Anglophones seized on the latter meaning, although Pinel emphasized the former. Forty years later, Henry Maudsley, the most widely read psychiatrist of his generation, could assert that moral insanity was as real as Colour blindness, some people being Colour blind and some moral blind (Maudsley 1879). Moral insanity became connected variously to phrenology with its own bump over the underlying moral cortex, with the twisted genetics of degeneration, with atavistic theories of criminality, and with a range of disorders of brain from epilepsy to frontal lobe damage (Combed 1853; Ellis 1890; Pick 1989). Although it is anachronistic to use the terms "psychopathy" and "moral insanity" together, it is clear they occupied a similar social and psychiatric space, albeit in different era. This should caution against too ready acceptance of psychopathy which may turn out to be as empty and dangerous a conceptualization as moral insanity. Why dangerous? Dangerous to those labeled, because the morally insane and the moral imbeciles were placed in preventive detention in asylums and prisons, and even sterilized in some jurisdictions. Dangerous to society, because it gave a spurious scientific justification for viewing crime not as reflecting the social evils of deprivation, ignorance, and inequality but as the ravages of the born criminals. -/- Psychopaths are not, as Levy asserts, "(causally) responsible for … more than fifty percent of violent crime" (p. 129). A proportion of violent offenders, which varies widely between observers, are labeled psychopaths. This is often on the basis of Hare's psychopathy checklist, which is a subjective, albeit through training aspiring to be reproducible, and to some extent self-sustaining, evaluation system (Hare 1980, 2003). Part of the checklist gathers data on prior antisocial behavior; part constrains the examiner to subjectively estimate such matters as glibness and callousness, part requires judgments about whether the... (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)

Drawing on a conception of people as ‘ecological subjects’, creatures situated in specific social relations, locations, and material environments, I want to emphasize the importance of place and place‐making for basing, demonstrating, and forging future solidarity. Solidarity, as I will define it here, involves reaching out through moral imagination and responsive action across social and/or geographic distance and asymmetry to assist other people who are vulnerable, and to advance justice. Contained in the practice of solidarity are two core ‘enacted commitments’, (...) first, to engaging our moral imaginations and recognizing others in need and, second, to responsive action. Recognizing the suffering of displacement and responding through place‐making should follow from even the most simplistic understanding of people as ‘implaced’. Recognition, furthermore, that places are created and sustained, transformed, or neglected in ways that foster or perpetuate inequities, including health inequities, generates responsibilities concerning place‐making. Place‐based interventions, on either count, should be principal and, indeed, prioritized ways of showing solidarity for the vulnerable and promoting justice. Where solidaristic relations do not prevail, place‐making can catalyze and nurture them, and over time advance justice. On the moral landscapes of bioethics, the terrain where care and health are or should be at the center of attention, an ethic of place and place‐making for those who have been displaced – patients, the elderly, urban populations, and asylum‐seekers, for instance – expresses and has rich potential for nurturing bonds of solidarity. (shrink)