Search results for 'asylum' (try it on Scholar)

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  1. Stefan Heuser (2008). Is There a Right to Have Rights? The Case of the Right of Asylum. Ethical Theory and Moral Practice 11 (1):3 - 13.score: 24.0
    In dialogue with the political philosophy of Hannah Arendt and Seyla Benhabib the author draws on the idea of a right to have rights and raises the question under which political conditions asylum can be a subjective right for political refugees. He argues that mere spontaneous acts of humanitarianism will not suffice to define the institutional commitments of liberal democracies in refugee policy. At the same time, no duty for any particular state to take up refugees can be derived (...)
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  2. Andy Lamey (2012). A Liberal Theory of Asylum. Politics, Philosophy and Economics 11 (3):235-257.score: 24.0
    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 (...)
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  3. John Edwards (2001). Asylum Seekers and Human Rights. Res Publica 7 (2):159-182.score: 24.0
    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 (...)
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  4. Matthew J. Lister (2008). Gang-Related Asylum Claims: An Overview and Prescription. University of Memphis Law Review 38 (4).score: 24.0
    Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that (...)
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  5. Lyra Jakulevičienė & Vladimiras Siniovas (2013). Protection under the European Convention on Human Rights – Oasis for Asylum Seekers in Europe? Jurisprudence 20 (3):855-899.score: 24.0
    Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two jurisdictions, (...)
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  6. Lyra Jakulevičienė (2012). Lessons of the First EU Court of Justice Judgments in Asylum Cases. Jurisprudence 19 (2):477-505.score: 24.0
    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 (...)
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  7. Laurynas Biekša & Eglė Samuchovaitė (2012). Problems of Application of Detention of Asylum Seekers in the Practice of the Supreme Administrative Court of Lithuania. Jurisprudence 19 (4):1407-1422.score: 24.0
    The question of detention of asylum seekers is specific due to the special situation of detainees (persons who have experienced human rights violations and apply for asylum in receiving country) and due to peculiarities of detention itself (persons have not committed crimes, but come or stay illegally because they have been forced to do so by fleeing from human rights violations). Therefore, lately it raises many discussions at the European level. Sooner or later, discussions influence national laws, as (...)
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  8. Barry O'Leary (2008). “We Cannot Claim Any Particular Knowledge of the Ways of Homosexuals, Still Less of Iranian Homosexuals …”: The Particular Problems Facing Those Who Seek Asylum on the Basis of Their Sexual Identity. [REVIEW] Feminist Legal Studies 16 (1):87-95.score: 24.0
    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 (...)
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  9. Jane Freedman (2008). Women's Right to Asylum: Protecting the Rights of Female Asylum Seekers in Europe? [REVIEW] Human Rights Review 9 (4):413-433.score: 24.0
    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 (...)
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  10. Lyra Jakulevičienė, Laurynas Biekša & Eglė Samuchovaitė (2012). Procedural Problems in LGBT Asylum Cases. Jurisprudence 19 (1):195-207.score: 24.0
    In 2012 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i. e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia and Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification and procedural problems in LGBT cases. (...)
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  11. Laurynas Biekša (2011). The Refugee Qualification Problems in LGBT Asylum Cases. Jurisprudence 18 (4):1555-1565.score: 24.0
    In 2011 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i.e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia, Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification problems in LGBT cases. Therefore, in this article (...)
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  12. Sue Kirvan (1999). Women and Asylum: A Particular Social Group. [REVIEW] Feminist Legal Studies 7 (3):333-342.score: 24.0
    This note examines the judgement of the House of Lords in the cases of Islam andShah, particularly with regard to their conclusion that women in Pakistan who were victims of domestic violence and not protected by their state could qualify as members of a particular social group under the Geneva Convention, and therefore attain refugee status. The note considers the Refugee Women's Legal Group's Gender Guidelines for the Determination of Asylum Claims in the U.K. and discusses the problems faced (...)
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  13. Lucia Hurná (2012). Asylum Legal Framework and Policy of the Slovak Republic. Jurisprudence 19 (4):1383-1405.score: 24.0
    After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the (...)
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  14. Paresh Kathrani (2011). Asylum Law or Criminal Law: Blame, Deterrence and the Criminalisation of the Asylum. Jurisprudence 18 (4):1543-1554.score: 24.0
    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 (...)
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  15. Linda Briskman, Deborah Zion & Bebe Loff (2012). Care or Collusion in Asylum Seeker Detention. Ethics and Social Welfare 6 (1):37-55.score: 18.0
    This paper explores ethical questions arising from the work of health practitioners in immigration detention centres in Australia. It raises questions about the roles of professional disciplines and the ways in which they confront dual loyalty issues. The exploration is guided by interviews conducted with health professionals who have worked in asylum seeker detention and an examination of the outsider advocacy role undertaken by the social work profession. The paper discusses the stance taken by individuals and professional associations on (...)
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  16. S. Snyder (2011). Encountering Asylum Seekers: An Ethic of Fear or Faith? Studies in Christian Ethics 24 (3):350-366.score: 18.0
    Asylum is a contentious public and political issue and people seeking asylum are often targets of fear and hostility. This article presents an ethical challenge to churches aiming to support asylum seekers in the UK. Through an exploration of two contrasting strands in the biblical tradition relating to the ‘stranger’—one rooted in an ‘ecology of fear’ and another rooted in an ‘ecology of faith’—it argues that as well as practising positive encounters with newcomers, Christians need to understand (...)
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  17. Deborah Zion, Linda Briskman & Bebe Loff (2010). Returning to History: The Ethics of Researching Asylum Seeker Health in Australia. American Journal of Bioethics 10 (2):48-56.score: 18.0
    Australia's policy of mandatory indefinite detention of those seeking asylum and arriving without valid documents has led to terrible human rights abuses and cumulative deterioration in health for those incarcerated. We argue that there is an imperative to research and document the plight of those who have suffered at the hands of the Australian government and its agents. However, the normal tools available to those engaged in health research may further erode the rights and well being of this population, (...)
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  18. D. Zion, L. Briskman & B. Loff (2009). Nursing in Asylum Seeker Detention in Australia: Care, Rights and Witnessing. Journal of Medical Ethics 35 (9):546-551.score: 18.0
    Next SectionThe system of asylum seeker detention in Australia is one in which those seeking refuge are stripped of many of their rights, including the right to health. This presents serious ethical problems for healthcare providers working within this system. In this article we describe asylum seeker detention and analyse the role of nurses. We discuss how far an “ethics of care” and witnessing the suffering of asylum seekers can serve to improve their situation and improve ethical (...)
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  19. Kristin Janssens, Marleen Bosmans, Els Leye & Marleen Temmerman (2006). Sexual and Reproductive Health of Asylum-Seeking and Refugee Women in Europe: Entitlements and Access to Health Services. Journal of Global Ethics 2 (2):183 – 196.score: 18.0
    Asylum-seeking and refugee women (ASRW) are population groups characterized by diverse social, economic and legal backgrounds as well as diverse needs. Their backgrounds of forced migration have a profound impact on their overall health, including their sexual and reproductive health (SRH). In Europe, the SRH needs of ASRW are usually more pressing than those of the host country population. In the context of refugee health, it is important to distinguish between asylum seekers and statutory refugees, as asylum (...)
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  20. Kate E. Tunstall (ed.) (2006). Displacement, Asylum, Migration: The Oxford Amnesty Lectures 2004. OUP Oxford.score: 18.0
    There are few issues more urgently in need of intelligent analysis both in the UK and elsewhere than those relating to displacement, asylum, and migration. In this volume, based on the 2004 Oxford Amnesty Lectures, 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. Each lecture is accompanied by a critical response from another leading thinker in the field. -/- The volume (...)
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  21. James Mills (2000). The Mad and the Past: Retrospective Diagnosis, Post-Coloniality, Discourse Analysis and the Asylum Archive. [REVIEW] Journal of Medical Humanities 21 (3):141-158.score: 18.0
    Before attempting to use as a historical source the Lucknow Lunatic Asylum case notes of the British colonial period in India, it is necessary to determine which methodological approach is most viable. The approach of historians, who attempt retrospectively to diagnose the patients of the past from the clinical details of case notes, does not satisfactorily deal with the criticism that data on medical case notes is less a series of objective observations and more a product of the power (...)
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  22. Victor Bien (2014). A More Creative Way to Handle Asylum Seekers? Australian Humanist, The 114:8.score: 18.0
    Bien, Victor This article is in sympathy with our CAHS AGM resolutions appealing to the Federal government to uphold Australia's United Nations human rights obligation, but is not addressing that aspect of the asylum seekers issue. Rather it looks at some practical ideas on how we, as a nation, might better handle the political and practical issues which have been given as reasons why our governments feel compelled to refuse to meet our UN human rights obligation. This argues for (...)
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  23. Luc Bovens & Günperi Sisman, Greece, Portugal, Spain and the East European States Take on Less Than Their Fair Share of Responsibility for EU Asylum Seekers.score: 18.0
    One of the stated aims of the “2008 Policy Plan on Asylum” by the European Commission is increased ‘responsibility sharing’ between Member States with respect to asylum seekers. Luc Bovens and Günperi Sisman assess the extent to which UNHCR outcome data reflect these aims between 2006 and 2011 – from the end of the first phase of the Common European Asylum System until the latest available data. They find that Greece, Portugal and Spain take on very low (...)
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  24. Juliet L. H. Foster (2014). What Can Social Psychologists Learn From Architecture? The Asylum as Example. Journal for the Theory of Social Behaviour 44 (2):131-147.score: 18.0
    In this paper I argue for a stronger consideration of the possible relationship between social psychology and architecture and architectural history. After a brief review of some of the ways in which other social psychologists have sought to develop links between social psychology and history, I consider the utility of architecture in more depth, especially to the social psychologist interested in the development of knowledge and understanding. I argue that, especially when knowledge is institutionalised, the design and use of buildings (...)
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  25. Bjørn Hamre (2010). Disciplinary Power and the Role of the Subject at a Nineteenth-Century Danish Asylum. Phaenex 5 (2):1-27.score: 18.0
    This article reports on the ways in which psychiatric practice and power were constituted in a Danish asylum at the beginning of the nineteenth century. The point of departure will be a complaint by a former patient questioning the practice at the asylum in 1829. In an analysis of this narrative the study draws upon Foucauldian concepts like disciplinary power, confession, pastoral power and subjectivation. I will argue that the critique of the patient provides us with an example (...)
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  26. Susan Sidlauskas (2013). Inventing the Medical Portrait: Photography at the 'Benevolent Asylum' of Holloway, C. 1885–1889. Medical Humanities 39 (1):29-37.score: 18.0
    In 1885, Holloway Sanatorium, an asylum for the ‘mentally afflicted of the middle classes’ opened in Egham, Surrey, 20 miles outside London. Until 1910, photographs of about a third of the patients—both those ‘Certified Lunatic by Inquisition’ and the ‘Voluntary Boarders’ who admitted themselves—were pasted into the asylum's case books. This paper analyses the photographs that were included in the very first of these, when there was a great uncertainty as to how to represent these patients, or whether (...)
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  27. Ramin Asgary & Clyde L. Smith (2013). Ethical and Professional Considerations Providing Medical Evaluation and Care to Refugee Asylum Seekers. American Journal of Bioethics 13 (7):3-12.score: 18.0
    A significant number of asylum seekers who largely survived torture live in the United States. Asylum seekers have complex social and medical problems with significant barriers to health care access. When evaluating and providing care for survivors, health providers face important challenges regarding medical ethics and professional codes. We review ethical concerns in regard to accountability, the patient?physician relationship, and moral responsibilities to offer health care irrespective of patient legal status; competing professional responsibility toward society and the judiciary (...)
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  28. Hanna-Mari Kivistö (2014). Rights of Noncitizens: Asylum as an Individual Right in the 1949 West German Grundgesetz. Contributions to the History of Concepts 9 (1):60-73.score: 18.0
    Post–World War II developments concerning citizenship and access as one of the dimensions of citizenship are examined through the prism of noncitizenship and rights, using the drafting of the asylum paragraph of the 1949 Grundgesetz of the Federal Republic of Germany as a specific case study. The aim of this article is to look into the creation of the right to asylum in West Germany, to examine its political history by exploring its development and by searching for its (...)
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  29. Matthew J. Gibney (2000). Caring at a Distance: (Im)Partiality, Moral Motivation and the Ethics of Representation - Asylum and the Principle of Proximity. Ethics, Place and Environment 3 (3):313 – 317.score: 15.0
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  30. Ian Hacking (2010). Pathological Withdrawl of Refugee Children Seeking Asylum in Sweden. Studies in History and Philosophy of Science Part C 41 (4):309-317.score: 15.0
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  31. Tally Kritzman-Amir (2011). Privatization and Delegation of State Authority in Asylum Systems. Law and Ethics of Human Rights 5 (1):194-215.score: 15.0
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  32. Eric Cavallero (2012). Association and Asylum. Philosophical Studies (1):1-9.score: 15.0
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  33. Diane Morgan (2014). The "Floating Asylum," the Armée du Salut, and Le Corbusier: A Modernist Heterotopian/Utopian Project. Utopian Studies 25 (1):87-124.score: 15.0
    A boat is a floating piece of space, a place without place, which lives by itself, which is closed in on itself and that is at the same time exposed to the infinity of the sea. Nowadays one cannot conceive a utopia that does not address itself to nomads, peoples and individuals, to the homeless, to the excluded. After World War I a concrete barge made its way up and down the Seine between Rouen and Paris.1 It was called the (...)
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  34. Annemiek Richters (2002). When Ethics, Healthcare, and Human Rights Conflict: Mental Healthcare for Asylum Seekers. Cambridge Quarterly of Healthcare Ethics 11 (03):304-318.score: 15.0
  35. Jaakko Kuosmanen (2013). Perfecting Imperfect Duties: The Institutionalisation of a Universal Right to Asylum. Journal of Political Philosophy 21 (1):24-43.score: 15.0
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  36. Rael Strous & Alan Jotkowitz (2010). Ethics and Research in the Service of Asylum Seekers. American Journal of Bioethics 10 (2):63-65.score: 15.0
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  37. Tendayi Bloom (2010). Asylum Seekers: Subjects or Objects of Research? American Journal of Bioethics 10 (2):59-60.score: 15.0
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  38. Paul M. Mcneill (2003). Public Health Ethics: Asylum Seekers and the Case for Political Action. Bioethics 17 (5-6):487-503.score: 15.0
  39. R. E. Ashcroft (2005). Standing Up for the Medical Rights of Asylum Seekers. Journal of Medical Ethics 31 (3):125-126.score: 15.0
  40. A. Molinie (1994). The Gods' Land of Asylum Andalusia and its Rituals. Diogenes 42 (166):83-97.score: 15.0
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  41. Didier Fassin & Estelle D'Halluin (2007). Critical Evidence: The Politics of Trauma in French Asylum Policies. Ethos 35 (3):300-329.score: 15.0
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  42. Anita Ortiz Maddali (2008). Sophia's Choice: Problems Faced by Female Asylum-Seekers and Their US-Citizen Children. Feminist Studies 34 (1/2):277-290.score: 15.0
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  43. Liisa Malkki (2007). Commentary: The Politics of Trauma and Asylum: Universals and Their Effects. Ethos 35 (3):336-343.score: 15.0
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  44. Deborah Zion, Linda Briskman & Bebe Loff (2010). Response to Open Peer Commentaries on “Returning to History: The Ethics of Researching Asylum Seeker Health in Australia”. American Journal of Bioethics 10 (2):6-7.score: 15.0
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  45. Garrett W. Brown (2010). The Laws of Hospitality, Asylum Seekers and Cosmopolitan Right: A Kantian Response to Jacques Derrida. European Journal of Political Theory 9 (3):308-327.score: 15.0
    The purpose of this article is to respond to Jacques Derrida’s reading of Immanuel Kant’s laws of hospitality and to offer a deeper exploration into Kant’s separation of a cosmopolitan right to visit ( Besuchsrecht) and the idea of a universal right to reside ( Gastrecht). Through this discussion, the various laws of hospitality will be examined, extrapolated and outlined, particularly in response to the tensions articulated by Derrida. By doing so, this article will offer a reinterpretation of the laws (...)
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  46. Emily Smith Beitiks (2012). The Ghosts of Institutionalization at Pennhurst's Haunted Asylum. Hastings Center Report 42 (1):22-24.score: 15.0
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  47. Jane Freedman (forthcoming). Women's Right to Asylum. Human Rights Review.score: 15.0
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  48. Toni A. M. Johnson (2013). Reading the Stranger of Asylum Law: Legacies of Communication and Ethics. [REVIEW] Feminist Legal Studies 21 (2):119-139.score: 15.0
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  49. Zachary Steel & Derrick Silove (2004). Science and the Common Good: Indefinite, Non-Reviewable Mandatory Detention of Asylum Seekers and the Research Imperative. Monash Bioethics Review 23 (4):93-103.score: 15.0
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  50. Verina Wild & Jan-Christoph Heilinger (2013). Cosmopolitanism Within Borders: A Normative Foundation for Health Care for Asylum Seekers? American Journal of Bioethics 13 (7):17 - 19.score: 15.0
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