Against the Alienage Condition for Refugeehood

Law and Philosophy 39 (2):147-176 (2020)
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Abstract

Under the 1951 Refugee Convention, there are two necessary conditions for refugeehood: a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion and alienage – that is, being outside of one’s country of nationality or habitual residence. In 1985 Andrew Shacknove famously argued that both of these conditions should be rejected. Shacknove’s paper prompted much debate about the suitability of the persecution condition, but his rejection of the alienage requirement has received significantly less attention. In this paper I argue, against some recent defenders of the Convention, that Shacknove was right to claim that the alienage condition should be rejected. On my view, people who would be granted refugee status if they crossed a border, but who remain in their country of nationality, should also be eligible for refugee status.

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Eilidh Beaton
University of Aberdeen

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References found in this work

The nature and value of rights.Joel Feinberg & Jan Narveson - 1970 - Journal of Value Inquiry 4 (4):243-260.
The moral standing of states: A response to four critics.Michael Walzer - 1980 - Philosophy and Public Affairs 9 (3):209-229.
Who is a refugee?Andrew E. Shacknove - 1985 - Ethics 95 (2):274-284.
Who are Refugees?Matthew Lister* - 2013 - Law and Philosophy 32 (5):645-671.
Lon Fuller and the moral value of the rule of law.Colleen Murphy - 2004 - Law and Philosophy 24 (3):239-262.

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