"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 35–36.

The values of freedom and equality are at the heart of what it means for liberal states to do justice to their citizens. Yet, when it comes to the question of whether liberal states are capable of realizing the values of freedom and equality while controlling their borders, many philosophers are skeptical that liberalism and existing immigration arrangements can in fact be reconciled. After all, liberal states often deny entrance to prospective immigrants who are fleeing extreme forms of violence. They (...) also often police their borders in ways that are discriminatory and stigmatizing, contributing to a situation where immigrants are treated as morally inferior by society at large. Such practices conflict strongly with any commitment to the values of freedom and equality. -/- Luara Ferracioli here focuses on three key questions regarding the movement of persons across international borders: What gives some residents of a liberal society a right to be considered citizens of that society such that they have a claim to make decisions with regard to its political future? And do citizens of a liberal society have a prima facie right to exclude prospective immigrants despite their commitment to the values of freedom and equality? Finally, if citizens have this prima facie right to exclude prospective immigrants, are there moral requirements regarding how they may exercise it? The book therefore tackles the most pressing philosophical questions that arise from immigration: the questions of who can exercise self-determination, and why they have such a right in the first place. (shrink)

Nursing migration: global treasure hunt or disaster‐in‐the‐making?International nurse migration — moving from one country to another in the search of employment — is the focus of this article. The majority of member states of the World Health Organization report a shortage, maldistribution and misutilisation of nurses. International recruitment has been seen as a solution. The negative effects of international migration on the ‘supplier’ countries may be recognised today but are not effectively addressed.Nurse migration is motivated by (...) the search for professional development, better quality of life and personal safety. Pay and learning opportunities continue to be the most frequently reported incentives for nurse migration, especially by nurses from less‐developed countries. Career opportunities were considered key incentives for nurses emigrating from high‐income countries. Language was reported to be a significant barrier. The positive global economic/social/professional development resulting from international migration needs to be weighed against a substantial ‘brain and skills drain’ experienced by supplier countries. The vulnerable status of migrant nurses is also of concern in certain cases. The focus on short‐term solutions as opposed to resolving the problem of a worldwide shortage of nurses causes great concern. Recent initiatives attempt to curb or channel international recruitment. The delicate balance between recognising the right of individual nurses to migrate and a collective concern for the health of a nation’s population must be achieved. (shrink)

Climate change intersecting with complex socio-economic and political processes has produced distinctive patterns of crisis migration. However there exists a significant gap in understanding and theorizing these forms of migration creating significant policy challenges. Using a case study of an interstate migrant settlement in Bengaluru, India this article unpacks migration as an adaptation strategy through the lens of emotions. The article offers significant insights into how emotions affect the choice of migration as an adaptation strategy and (...) shapes the differential experiences of risks and vulnerability for different groups of people. Emphasizing such relational aspects of migration, the article calls for more research that develops a nuanced understanding of the emotional landscapes of migrants across migration pathways. (shrink)

La migration familiale forcée est un parcours émaillé de moments d’attente plus ou moins longs. Dans cette attente, il arrive que le corps engage un travail de somatisation permettant au sujet migrant de passer de la survie à la reprise en main progressive de sa subjectivité. À partir du suivi d’une jeune femme ayant été contrainte de migrer de l’Afrique du Nord à la France dans un contexte de violence politique et présentant des manifestations somatiques, la réflexion porte sur (...) la manière dont le corps vient signifier cette exigence de travail et sur la manière dont les premiers affects bruts permettent d’entendre la mise en mouvement des processus de pré-élaboration de la souffrance psychique et du trauma. (shrink)

Qui peut revendiquer un territoire, sur quelles bases et avec quelles conséquences sont des questions qui font l’objet de débats en philosophie politique contemporaine. En réponse, j’adopte « la théorie de l’État légitime » proposée par Stilz. Selon Wellman, une conséquence des revendications territoriales serait le droit de l’État de refuser la migration sur son territoire. Je juxtapose son propos de l’État légitime avec celui de Stilz et soutiens que, si l’on accepte la fondation de l’État légitime sur la (...) valeur de l’autonomie individuelle, accepter seulement des devoirs négatifs, soit de ne pas violer les droits des non-citoyens, n’est pas plausible. Je justifie les devoirs positifs des États légitimes d’aider à la réalisation de l’autonomie individuelle pour tous ceux dont les États d’origine échouent à la tâche et qui souhaitent se joindre et soutenir les institutions de l’État légitime. Cela implique l’obligation de l’État de permettre leur immigration.Who can claim a territory, on what grounds and what such claims entitle to has recently been the subject of much philosophical debate. In answer to this question, I adopt the ‘legitimate state theory’ proposed by Stilz. One consequence of the claim to territory that has been proposed by Wellman is the right to refuse migration onto a territory. I contrast his and Stilz’ account of the legitimate state and argue that if we accept that legitimate states are grounded on the value of individual autonomy, it is not plausible why states only have the negative duty to not violate human rights in dealings with non-citizens ; instead, I argue that states have positive duties to realize the possibility for individual autonomy for all those whose states fail in providing them with the means to individual autonomy and who wish to join and support the institutions of the legitimate state. This implies a duty to allow their immigration. (shrink)

Social scientific evidence suggests that labor migration can increase resilience to climate change. For that reason, some have recently advocated using labor migration policy as a tool for climate adaptation. This paper engages with the normative question of whether, and under what conditions, states may permissibly use labor migration policy as a tool for climate adaptation. I argue that states may use labor migration policy as a tool for climate adaptation and may even have a duty (...) to do so, subject to two moral constraints. First, states must also provide acceptable alternative options for adaptation so that the vulnerable are not forced to sacrifice their morally important interests in being able to remain where they are. Second, states may not impose restrictive terms on labor migrants to make accepting greater numbers less costly for themselves because doing so unfairly shifts the costs of adaptation onto the most vulnerable. (shrink)

This study investigates whether and how the corporate social responsibility (CSR) profile of a company transfers to another company when an executive leaves a firm. We integrate upper echelon and institutional theories, and develop a novel measure of CSR profiles to explore this issue with a longitudinal data set of executive migrations over a 14-year period. We find that migrated executives assimilate elements of their old firms’ CSR profiles into their new firms (i.e., narrowing the distance between the two firms’ (...) CSR profiles), and this is true for both CSR and corporate social irresponsibility (CSiR). This relationship is stronger when the migrating executive comes from a bigger firm with better social and financial performance than that of the new firm. We also find that the potential for improvement in CSR profiles in migration holds true for CSiR, but not CSR. Our findings have import for upper echelon theory and the managerial discretion afforded to executives regarding CSR decisions. (shrink)

International migration of work force is presently a high amplitude phenomenon. Romanian people have emigrated for work around the world, being engaged both in the physically hardest jobs and in activities that require completion of specialized courses and certification in a particular field. This last category includes social workers who, following schooling and certification and even having a minimal experience in the home country, apply for jobs in the field of social assistance. These recruiters aim to distribute social workers (...) at the workplace of interest, according to certain well-defined criteria. In the present paper we describe international migration of work force, and we illustrate it by adding case studies of life experience of social workers who underwent the process of emigration to the United Kingdom. Throughout the emigration process, these workers experienced certain changes in their life principles, mentality, values, and were marked by professional dilemmas in extreme situations. (shrink)

This article argues that, far from being a merely defensive act of individual protest, civil disobedience is a much more radical political practice. It is transformative in that it aims at the politicization of questions that are excluded from the political domain and at reconfiguring public space and existing institutions, often in comprehensive ways. Focusing on the reconstitution of the political community also allows us to reconceptualize constituent power. Rather than portraying it as a quasi-mythical force erupting only in extraordinary (...) moments, constituent power can be conceptualized as a dynamic situated within established orders, transgressing their logic and reconfiguring them from within. Civil disobedience as a transformative and potentially comprehensive practice aimed at reconstituting the political order can then be seen as an internal driving force keeping this dialectic in play. A concrete example can be found in protests and border struggles by irregularized migrants. They show how unexp... (shrink)

In recent years, Western countries have been experiencing a growing wave of immigration. Due to this development, these countries are facing great challenges in successfully integrating large numbers of immigrants and in preserving social cohesion. Research has already developed several assumptions about and models of how acculturation processes occur. The present contribution aims to investigate the relationship between the acculturation (and acculturation profiles) of immigrants and naturalization in their residence countries. Based on representative and longitudinal data, our investigation is a (...) case study on Germany – one of the main receiving countries in recent years. Results show that acculturation in the country of residence is crucial for immigrants’ motivation to take up citizenship. Likewise naturalization leads to an increase in identification with the residence country. (shrink)

This article makes a conceptual contribution to the broader literature on unfree labour by challenging the separate treatment of sexual and industrial labour exploitation both by researchers and in law and policy. This article argues that the prevailing focus of the supply chain literature on industrial labour has inadvertently posited sexual labour as the ‘other’ of industrial labour thus obfuscating how the legal blurring of boundaries between industrial and service labour is engendering new modalities of the erosion of workers’ rights (...) that are increasingly resembling those typical of sex work. This article advances the debate on unfree labour both conceptually and empirically. Conceptually, it highlights the relevance of social reproduction in understanding forms of labour unfreedom. Empirically, it demonstrates the similarities in forms of control and exploitation between sex work and industrial work by illustrating how debt and housing operate in both settings. (shrink)

Much mainstream political philosophy assumes that states have a broad right to decide who is granted entry and membership into their political community. On this conventional view, admission of migrants and refugees is understood as mostly a matter of general humanitarian duty or voluntary beneficence rather than as a specific obligation of justice. Through an analysis of climate-related migration from Central America's Dry Corridor to the United States, I argue that many such migrants may in fact be owed admission (...) as reparation for injustice, and that the character of this injustice raises broader challenges for the conventional view. (shrink)

. Migrating narratives: pedagogical possibilities for relating difference. Ethics and Education: Vol. 7, Creating spaces, pp. 225-236. doi: 10.1080/17449642.2013.766539.

Calls to expand temporary work programmes come from two directions. First, as global justice advocates observe, every year thousands of poor migrants cross borders in search of better opportunities, often in the form of improved employment opportunities. As a result, international organizations now lobby in favour of expanding ‘guest-work’ opportunities, that is, opportunities for citizens of poorer countries to migrate temporarily to wealthier countries to fill labour shortages. Second, temporary work programmes permit domestic governments to respond to two internal, contradictory (...) political pressures: (1) to fill labour shortages and (2) to do so without increasing rates of permanent migration. Temporary work programmes permit governments to appear ‘tough’ on migration, while responding to employer pressure to locate workers willing to work in low-skilled, poorly remunerated positions. The coincidence of national self-interest and global justice generates a strong case in favour of expanding guest-work. We evaluate the moral benefits and burdens of expanding guest-work opportunities, and conclude that although there are benefits to be gleaned from the perspective of global wealth redistribution, at present, temporary work programmes are generally unjust. We will argue that just temporary work programmes, in time, permit temporary workers to attain citizenship. This spells the end of traditional temporary work programmes, which require that workers return to their home country in time; instead, what is temporary is the employment obligation that must be fulfilled as a requirement to access citizenship. As long as this requirement is met, we endorse guest-work programmes as a tool to respond to global inequality. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 3, Page 247-248, August 2022.

Across a number of countries including Venezuela, Colombia, Bolivia, Ecuador, Honduras, Costa Rica, and Nicaragua, incumbent presidents in Latin America have recently sought to amend their constitutions to eliminate or weaken presidential term limits. In some cases, these efforts to extend terms have been part of broader projects to consolidate power, weaken other state institutions, and tilt the electoral playing field in favor of incumbents. From a legal perspective, these cases are interesting because they highlight the limits of tools limiting (...) constitutional change, such as eternity clauses and the unconstitutional constitutional amendment doctrine, to constrain potentially anti-democratic or anti-liberal forms of constitutional change. Although constitutional texts in most of these cases gave courts ample ammunition to reject attempts to eliminate term limits or at least to force those changes down more demanding paths, courts did not stand in the way of most of these efforts and in some cases even used the doctrines to eliminate rather than protect term limits. The case studies highlight the extent to which the “superficial” spread of doctrines controlling constitutional change may fail to block, and indeed may promote, forms of constitutional change that threaten liberal democratic constitutionalism. It also suggests possibilities for deepening the effectiveness of transnational dialogue on these issues. (shrink)

ZusammenfassungMenschen mit türkischem Migrationshintergrund zählen zu einer der größten Bevölkerungsgruppen mit Migrationshintergrund in Deutschland. Im Vergleich zu Menschen ohne Migrationshintergrund leiden sie im Durchschnitt häufiger an einigen chronischen Erkrankungen, was teilweise auf ihren durchschnittlich niedrigeren sozioökonomischen Status zurückzuführen ist. Im Gesundheitssystem begegnen sie zudem unterschiedlichen Zugangs- und Wirksamkeitsbarrieren, da ihre Bedarfe und Erwartungen von Versorgungseinrichtungen oft nicht ausreichend berücksichtigt werden. Eine solche nicht nutzerorientierte Versorgung chronisch kranker Menschen kann der erfolgreichen Behandlung bzw. Krankheitsbewältigung im Weg stehen. Die Berücksichtigung von subjektiven (...) Krankheitsvorstellungen ist notwendiger Bestandteil einer nutzerorientierten Gesundheitsversorgung. Sie muss dabei sowohl die Sensibilisierung des Personals für die Krankheitsvorstellungen seiner Patientinnen und Patienten, als auch die gezielte Förderung von Krankheitsvorstellungen auf Seiten von Patientinnen und Patienten umfassen, die sich positiv auf die Krankheitsbewältigung auswirken. Gleichzeitig müssen Patientinnen und Patienten befähigt werden, sich kritisch mit eigenen Krankheitsvorstellungen auseinanderzusetzen, wenn diese eine erfolgreiche Krankheitsbewältigung behindern. Als Strategien kommen hierfür zum Beispiel Interventionen wie Storytelling in Frage, die auf dem Austausch von Wissen und Erfahrungen basieren. (shrink)

International migration has a female face in the beginning of the twenty-first century; since at least 1990, a total of 49 percent of international migrants have been women (UN 2008).1 Many women relocate in pursuit of goals that they can’t realize in their countries of origin, and many women move on their own to developed countries as caregivers to the very old or the very young, as nurses to attend to the sick in hospitals, and as domestic workers.2 How (...) should we regard their decisions to do so? One way of thinking about such moves is to deplore the fact that women have to move in order to attain certain goals in their lives; it would be more desirable to live in a world that would not make such moves necessary... (shrink)

Our world is mobile. People move, either within the state or from one state to another, to access opportunities, to improve their living conditions, or to start afresh. Yet, we usually assume that migration is an exceptional activity that leads to permanent settlement. In this paper, I invite us to reconsider this assumption. First, I analyse several ways in which people experience mobility in contemporary societies. Then, I turn to migration, as a specific form of mobility. I distinguish (...) between a legal/administrative, a social, and a self-identification-based approach to migration, demonstrating that they lead to divergent definitions of who is a migrant. I proceed by introducing the concept of mobile migration and by developing a typology of mobile migrants. I conclude that, in order to devise migration policies that treat migrants fairly, a careful consideration of the claims and interests of the different types of mobile migrants is necessary. (shrink)

‘Social and Cultural Innovation’ is a syntagma that is receiving increased usage among researchers since it was the title chosen by the European Strategy Forum Research Infrastructures for the working group that deals with research infrastructures primarily connected with Social Sciences and the Humanities. Innovation refers to the creation of new products and services by bringing a new idea to the market. Economic growth turns on infrastructures, which provide access to services and knowledge, e.g. by overcoming the digital divide. The (...) current migrant and refugee crisis has made it clear with extraordinary effectiveness that a most urgent objective is to work out policies of social and cultural innovation to the advantage of new citizens – policies that will make them feel welcome in full dignity. (shrink)

The assumption that human socializing instincts are restricted to the community of birth and upbringing was long accepted without question. But today’s modern states have passed from the nation-building stage into that of multicultural belonging, and fluidity of membership allied to perpetual population shifts is the norm. This article traces changing patterns of global migration: first, territoriality plus rooted identity plus ‘gardening’; second, emigration to supposedly ‘empty’ lands; third, interlocked diasporas. How may we now live with and in the (...) right to difference? Identity formation is never fixed, never final, veering between the pole of freedom and that of security. It is an intertwining of continuity and discontinuity that may now hold society together. (shrink)

Migration und Armut sind eng miteinander verbunden. Für die meisten Migrant*innen ist Armut der Grund, ihre Heimat zu verlassen, um anderswo ein günstigeres wirtschaftliches Umfeld zu finden. Der Internationalen Organisation für Migration zufolge lag die Zahl der sogenannten Arbeitsmigrant*innen im Jahr 2015 weltweit bei 150,3 Millionen, bei einer Gesamtzahl von 247,6 Millionen Migrant* innen. Diese Zahlen erfassen Migrant* innen mit offizieller Arbeitserlaubnis und es ist anzunehmen, dass die Zahl von Arbeitsmigrant*innen ohne legale Dokumente deutlich höher ist.

David Miller’s defense of a state’s presumptive right to exclude non-refugee immigrants rests on two key distinctions. The first is that immigration controls are “preventative” and not “coercive.” In other words, when a state enforces its immigration policy it does not coerce noncitizens into doing something as much as it prevents them from doing a very specific thing (e.g., not entering or remaining within the state), while leaving other options open. Second, he makes a distinction between “denying” people their human (...) rights and “deterring” people from exercising their human rights. On this view, when those assigned to protect or fulfil human rights are also tasked with performing immigration enforcement duties, undocumented immigrants are not being denied their human rights, even when this deters them from exercising those rights. In this article, I argue that Miller’s two distinctions have an implication that he might not have foreseen. Specifically, I argue that these distinctions provide ideological cover for what has come to be known as “crimmigration” and that we have strong reasons for wanting our theory of immigration justice to reject this, even when doing so leaves open the possibility for an indirect open-borders argument. (shrink)

It is often argued that development aid can and should compensate the restrictions on migration. Such compensation, Shachar has recently argued, should be levied as a tax on citizenship to further the global equality of opportunity. Since citizenship is essentially a ‘birthright lottery’, that is, a way of legalizing privileges obtained by birth, it would be fair to compensate the resulting gap in opportunities available to children born in rich versus poor countries by a ‘birthright privilege levy’. This article (...) sets out a defence of three theses. The first states that equality of opportunity is incompatible with, and cannot be achieved in, segregated territories. The second posits that to believe that material equality compensates the injustice of restrictions on movement is to commit a ‘sedentarist mistake’. The third affirms that any citizenship levy, including the egalitarian and non-sedentarist formula I’m proposing, would be better understood as a penalty rather than a tax. (shrink)

The author offers a conceptual investigation of the tension between openness and protection in well-developed welfare states. Because of a combination of demographic tendencies and labor market shortages, a growing number of European welfare states is currently exploring market-led immigration policies. However, the level of protection these welfare states offer seems hard to reconcile with the low threshold markets that are needed to incorporate newcomers. The author argues that the “solution”lies not so much in a clear political choice for either (...) but rather in the coordinated institutionalization of differentiated citizenship rights. The author illustrates this case with examples taken from the Dutch context, claiming further that the particular combination of corporatist welfare arrangements and the tradition of lenient enforcement in the Netherlands provides a “natural”habitat for the kind of regime pluralism that differentiated citizenship requires. (shrink)

In the U.S., and elsewhere, populism has been democracy’s way of shaking elites up. We can view populism in part as a revolt of the losers, or perceived losers, of globalization. Yet elites have often paid too little heed to the domestic distributive impact of high immigration and globalized trade. Immigration and globalization are also spurring forms of nativism and demagoguery that threaten both democratic deliberation and undermine progressive political coalitions. The challenge now is to find the most reasonable – (...) or least unreasonable – responses to the new politics of resentment: ways that recognize that egalitarian liberalism and social democracy are national projects and preserve progressive political coalitions, while also acknowledging our interconnections, duties, and moral obligations to those beyond our borders. (shrink)