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

Should refugees govern refugee camps? This paper argues that they should. It draws on normative political thought in consulting the all-subjected principle and an instrumental defense of democratic rule. The former holds that all those subjected to rule in a political unit should have a say in such rule. Through analyzing the conditions that pertain in refugee camps, the paper demonstrates that the all-subjected principle applies there, too. Refugee camps have developed as near distinct entities from their (...) host states. They have formed their own economic, legal and even political systems within which refugees are subjected to political rule. The paper then demonstrates that democratic rule should be preferred over any other decision-making procedure. No amount of experts can replace the institutions that would lead to the accountability of decision-makers and to the incorporation of refugees as situated and epistemically diverse knowers of the problems they face and the solutions that would work best. (shrink)

Most refugees residing in the European Union (EU) do not retain their voting rights in states of origin or lack the means to exercise them effectively. Most member states of the EU do not extend voting rights to refugees. This leaves a large population of refugees residing within the borders of the EU in a unique state of disenfranchisement. In this article, I consider this problem from a democratic perspective. Should refugees in the EU have voting rights? My answer turns (...) on three aspects characterizing the circumstances of refugees: First, refugees reside in member states for an indeterminate, and typically protracted, amount of time without any exit options. Second, the political governance of the EU and its member states significantly shapes the lives of refugees. And third, refugees lack effective voting rights, and consequently, a meaningful political membership, in any political community across the world. In turn, based on an all-subjected principle of democratic inclusion, I argue that refugees should be secured state-level voting rights in member states, albeit with a condition of the period of residency. Moreover, they should have immediate voting rights at the supranational institutions of the EU such as the European Parliament. (shrink)

With increasingly protracted conflict and crisis situations and today’s sustainable development imperative, the global community is facing challenges in providing quality education to refugee learners. The article reflects on conventional approaches that have been adopted by the global stakeholders and questions whether the current state of refugee education is indeed educational. Based on Paulo Freire’s theoretical standpoint, the article draws on limitations of the dominant approaches in the field of refugee education. It argues that there needs to (...) be an alternative view perceiving refugees beyond merely beneficiaries of educational interventions, and education beyond a tool for domestication. (shrink)

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never (...) be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states. (shrink)

According to the UN, 65.3 million forcibly displaced people languish in camps and slums or making desperate journeys toward safety. The global community has not only failed to help many of these people; in many cases it has actively obstructed them from finding security and a new home for themselves and their families. Moral responsibilities to refugees are not exhausted by policies and actions. They also extend to how to think about the refugee crisis. Pundits, politicians, and political philosophers (...) have failed to live up to these responsibilities by perpetuating populist myths, the causes of refugees’ flight, and the policies that prevent them from resuming their lives. (shrink)

Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological (...) class='Hi'>refugee states in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee.The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. (shrink)

This study builds an argument for ‘embrace’ as an adequate Christian response to the refugee crisis. Against the ‘church as homogenous unit’ missiological theory of Donald McGavran and Peter Wagner, the author argues that the list of greetings in Romans 16 proves that at least some of the house churches in Rome were mixed – migrants of different backgrounds living together. Thus Paul’s exhortation to welcome one another.

The Roman imperial Stoics were familiar with exile. This paper argues that the Stoics’ view of being a refugee differed sharply from their view of what is owed to refugees. A Stoic adopts the perspective of a cosmopolitēs, a “citizen of the world,” a rational being everywhere at home in the universe. Virtue can be cultivated and practiced in any locale, so being a refugee is an “indifferent” that poses no obstacle to happiness. Other people are our fellow (...) cosmic citizens, however, regardless of their language, race, ethnicity, customs, or country of origin. Our natural affinity and shared sociability with all people require us to help refugees and embrace them as welcome neighbors. Failure to do so violates our common reason, justice, and the gods’ cosmic law. (shrink)

It is widely accepted that states have a right to control immigration, but must accept refugees at risk in their home countries. If this is true, perhaps states have a right to deport refugees once their lives are no longer at risk in their home countries. I raise three types of arguments against this claim, and in support of refugees’ right to remain. Citizenship-based arguments hold that refugees have a right to obtain citizenship, and with citizenship comes the right to (...) remain. Plans-based arguments hold that refugees have a right to plan their lives, and they will struggle to plan without the right to remain. Reciprocity-based arguments hold that refugees have a right to reciprocal relationships with citizens, far easier if they know they can remain. I reject the first two arguments, and defend the third. (shrink)

This essay develops, within the terms of the recent New York Declaration, an account of the shared responsibility of states to refugees and of how the character of that responsibility effects the ways in which it can be fairly shared. However, it also moves beyond the question of the general obligations that states owe to refugees to consider ways in which refugee choices and refugee voice can be given appropriate standing with the global governance of refuge. It offers (...) an argument for the normative significance of refugee’s reasons for choosing states of asylum and linked this to consideration of a refugee matching system and to refugee quota trading conceived as responsibility-trading, before turning to the issue of the inclusion of refugee voice in relation to the justification of the norms of refugee governance and in relation to the institutions and practices of refugee governance through which those norms are given practical expression. (shrink)

According to the United Nations High Commissioner for Refugees, there are over 20 million refugees worldwide, less than 1% of whom are referred for resettlement to third countries permanently. One obstacle to resettlement stems from the alleged lack of resources in settlement countries. A possible way forward is a refugee selection and admission regime that shares costs between governments and private citizens, to permit states to admit greater numbers of refugees where their citizens are willing and able to contribute (...) their own, private, resources to the resettlement project. Taking Canada’s private sponsorship scheme as a model, I argue that there are pros and cons to public–private cooperation in refugee resettlement. On the one hand, they permit the resettlement of greater numbers of refugees and they permit private citizens committed to aiding refugees to do so in concrete ways. On the other hand, they require oversight to protect refugees who are, otherwise, fully dependent on their sponsorship groups and there are cultural differences that make the offering of support challenging. In particular, while sponsorship groups ought to aim at securing the independence and autonomy of newcomers, they can sometimes behave in culturally inappropriate and paternalistic ways, which generate resentments between refugees and their sponsoring groups. (shrink)

It is widely accepted that states have a right to control immigration, but must accept refugees at risk in their home countries. If this is true, perhaps states have a right to deport refugees once their lives are no longer at risk in their home countries. I raise three types of arguments against this claim, and in support of refugees’ right to remain. Citizenship-based arguments hold that refugees have a right to obtain citizenship, and with citizenship comes the right to (...) remain. Plans-based arguments hold that refugees have a right to plan their lives, and they will struggle to plan without the right to remain. Reciprocity-based arguments hold that refugees have a right to reciprocal relationships with citizens, far easier if they know they can remain. I reject the first two arguments, and defend the third. (shrink)

The Roman imperial Stoics were familiar with exile. I argue that the Stoics’ view of being a refugee differed sharply from their view of what is owed to refugees. A Stoic adopts the perspective of a cosmopolitēs, a ‘citizen of the world’, a rational being everywhere at home in the universe. Virtue can be cultivated and practiced in any locale, so being a refugee is an ‘indifferent’ that poses no obstacle to happiness. But other people are our fellow (...) cosmic citizens regardless of their language, race, ethnicity, customs, or country of origin. Our natural affinity and shared sociability with all people require us to help refugees and embrace them as welcome neighbors. Failure to do so violates our common reason, justice, and the gods’ cosmic law. (shrink)

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

Often, a more or less universal quality is attributed to certain legal concepts. For refugee scholars working between 1933 and 1945, the universal quality of these concepts was challenged on two fronts: first, the breaking down of the Weimar Constitution and the German Rechtsstaat under Nazi rule demonstrated the fragility of a constitutional and legal order. Moreover, the breakdown of the German Rechtsstaat was felt on a deeper conceptual level. ‘Immutable’ legal concepts turned out to be easily mutated to (...) conform to Nazi ideology. The second major challenge to the universality of concepts thus pertains to the universal characteristics of the ‘concept of a concept’ itself. In brief, what German refugee legal scholars attempted to create in the course of the 1930s and 1940s was a ‘universal’ Rechtsstaat centred around concepts and legal scholarship that would avoid the breakdown by placing it into a feasible and balanced system of legal enforcement on an international level. Thus, in their new academic context, rather than dismissing the Rechtsstaatliche function of legal concepts and the role of legal scholars, refugee scholarship ventured to enhance it. This contribution argues that the development of Hersch Lauterpacht’s concept of human rights constitutes such an enhancement. (shrink)

The paper examines the representations of Ukrainian refugees in Polish press at the beginning of the 2022 Russian invasion. Using corpus linguistics methods (namely, collocation analysis) it shows that the displaced Ukrainians were mostly referred to as (war) refugees and discussed with respect to their movement and reception in Poland. The study contrasts the construal of Ukrainian refugees in media outlets with different ideological and business aims. The findings are also discussed with respect to how European media tend to cover (...) immigration from other regions, notably the Middle East and North Africa, and how these two types of migration become linked in the analysed news reports. Altogether, while pointing to a potential of the media to shape positive attitudes towards refugees, as attested by their coverage of Ukrainians, the study also highlights the extent to which racism is likely to determine the construal of different groups of migrants. (shrink)

Should refugees govern refugee camps? This paper argues that they should. It draws on normative political thought in consulting the all-subjected principle and an instrumental defense of democratic rule. The former holds that all those subjected to rule in a political unit should have a say in such rule. Through analyzing the conditions that pertain in refugee camps, the paper demonstrates that the all-subjected principle applies there, too. Refugee camps have developed as near distinct entities from their (...) host states. They have formed their own economic, legal and even political systems within which refugees are subjected to political rule. The paper then demonstrates that democratic rule should be preferred over any other decision-making procedure. No amount of experts can replace the institutions that would lead to the accountability of decision-makers and to the incorporation of refugees as situated and epistemically diverse knowers of the problems they face and the solutions that would work best. (shrink)

In this article, I consider the neglected question of justice between states in the distribution of responsibility for refugees. I argue that a just distribution of refugees across states is an important normative goal and, accordingly, I attempt to rethink the normative foundations of the global refugee regime. I show that because dismantling the restrictive measures currently used by states in the global South to prevent the arrival of refugees will not suffice to ensure a just distribution of refugees (...) between states, a more detailed account of how responsibilities should be shared between states is required. To this end, I make three claims. First, I argue that the definition of ‘refugee’ must be broadened beyond those subjected to persecution to include harms of action or omission by states that seriously jeopardise personal security or subsistence needs. Second, I argue that allocating a fair share of refugees to states should be based on state’s integrative capacities. Finally, I argue that distributive justice between states must be balanced against the legitimate interests of refugees in their destination country and the duty of states to ensure they are settled in places where they are likely to flourish. (shrink)

This article argues that the practical difficulties and normative dilemmas at stake in the European refugee crisis as a crisis of EU integration extend beyond refugee policies into what we may call ‘the citizenship regime’ of the European Union in ways that are consequential for refugees, member states, and the European Union. It advances arguments for the relatively rapid access to citizenship of refugees, demonstrates that this norm has at least some acknowledgment in the policies of EU member (...) states and considers what further differentiation of refugees from other classes of migrant might be a part of developing a just and legitimate Common European Asylum Regime. It argues that there are some reasons to favour a CEAS in which refugees receive EU citizenship prior to national citizenship in a member state. (shrink)

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 the author aims to describe the main refugee qualification problems in LGBT asylum cases (i.e., criminalisation; state protection against non-state persecution; concealment of sexual or gender identity; internal protection) and propose their solutions. Council Directive 2004/83/EC of 29 April 2004 has several important provisions including LGBT asylum seekers into otherwise gender-neutral refugee definition. Today these provisions need to be correctly interpreted and transposed into practice of the Member States. (shrink)

The European Commission’s distribution key for refugees across the EU is wanting in many respects. Two LSE researchers defend an alternative key based on pragmatic and realistic criteria. The outcome is sometimes surprising.

Since 2015, the ‘refugee crisis’ is possibly the most photographed humanitarian crisis in history. Photographs taken, for instance, in Lesvos, Greece, and Bodrum, Turkey, were instrumental in generating waves of public support for, and populist opposition to “welcoming refugees” in Europe. But photographs do not circulate in a vacuum; this book explores the visual economy of the ‘refugee crisis,’ showing how the reproduction of images is structured by, and secures hierarchies of gender, sexuality, and ‘race,’ essential to the (...) functioning of bordered nation-states. Taking photography not only as the object of research, but innovating the method of photographìa— the material trace of writing/grafì with light/phos—this book urges us to view images and their reproduction critically. Part theoretical text, part visual essay, "Reproducing Refugees" vividly shows how institutional violence underpins both the spectacularity and the banality of ‘crisis.’ This book goes about synthesising visual studies with queer, feminist, postcolonial, post-structuralist, and post-Marxist theories. "Reproducing Refugees: Photographìa of a Crisis" offers theoretical frameworks and methodological tools to critically analyse representations, both those circulated through hegemonic institutions, and those generated from ‘below’. It carves a space between logos and praxis, ways of knowing and ways of doing, by offering a new visual language that problematises reified categories such as that of the ‘refugee’ and makes possible disruptive, alternative, resistant perceptions. The book contributes to the fields of migration and border studies, critically engaging visual narratives drawn from migration movements to question dominant categories and frameworks, from a decolonial, no-borders, queer feminist perspective. (shrink)

States are increasingly paying other states to host refugees. For example, in 2010 the EU paid Libya € 50 million to continue hosting the refugees within its borders, and five years later Australia offered Cambodia $31.16 million to accept asylum seekers living in Naru. These exchanges, which I call ‘refugees markets,’ have faced criticism by philosophers. Some philosophers claim the markets fail to ensure true protection, and are demeaning, expressing just how much refugees are unwanted. In response, some have defended (...) refugee markets, claiming they can ensure refugees have protection and are not demeaned. I argue that many markets do demean refugees, and therefore have moral costs, but can still be all-things-considered preferable to alternative schemes if they protect refugees more than these alternative schemes. (shrink)

ABSTRACTThis paper argues that the contemporary international refugee regime is grounded in a paradigm of ‘homesickness’, which puts the refugee in an inferior position of the supplicant, whose subjectivity is framed by the regime of fixed belonging. In order to address this situation, we need to challenge the ontological primacy of homesickness and embrace ‘homelessness’, which offers the possibility of rethinking the positions of both refugees and non-refugees in ethical terms. While the responsibility of the non-refugees lies in (...) cultivating an ethos of hospitality, the refugee can take hold of her subjectivity through the practice of care of the self. This paper first examines Nietzsche’s thought on homelessness and compares it with Foucault’s reading of the role of anakhōrēsis in the Hellenistic practice of care of the self. It then suggests how, by building on the project of universal hospitality, we can interpret the figure of the refugee through the prism of an ethic of freedom, anchored in a posit... (shrink)

This important new book explores the contemporary refugee crisis and the untold realities and experiences of refugees themselves. A team of top scholars offer a critical and necessary diagnosis of the challenges, complexities, and contradictions impacting our philosophical approaches to the contemporary figure of the refugee.

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

Recent crises in Europe and beyond have renewed a longstanding debate on the status and treatment of refugees. Hannah Arendt famously questioned the limits of universalistic human rights discourse based on the widespread phenomena of statelessness and displacement that emerged during and after World War II. In this paper, we analyze recent patterns of inclusion and exclusion of refugees in Italy through the lens of Arendtian narrative and theorizing. We consider three cases of interaction between families, schools, and other public (...) institutions in light of the shifting normative framework before and during the war in Ukraine. Two major insights emerge from this analysis. From a pedagogical point of view, the most promising educational practices with refugees are those centered on enabling their agency and corresponding experiences of "natality". From an ethical-political perspective, these practices highlight a latent tension between the universalistic scope of human rights enshrined in the human rights declarations and their structural dependence on the particular norms and procedures enacted by nation states. The understanding and teaching of human rights within our political communities is inseparable from the practices that engage with refugees. In this sense, our practices of inclusion and exclusion affect the understanding of national borders as a barrier or threshold with other political communities, but also the interpretation of our own ethical-political principles. (shrink)

In July 2016, we participated in a conference in Lesvos (Greece) on borders, migration, and the refugee crisis. The Crossing Borders conference was framed in contrast with the ad-hoc humanitarianism that was being implemented, to the extent that it seemed to offer an opportunity to think about the refugee crisis, militarism, and austerity capitalism in systemic terms. This paper is based on an intervention we staged in the closing panel of the Crossing Borders conference, where we read a (...) statement we collectively wrote with fourteen other participants. The intervention was the outcome of frustration as we saw stereotypes and dynamics of knowledge production that reproduced the division between "us" and "them," further marginalising migrants and refugees, elevating international experts while silencing locally affected people. We use this incident and the text of this intervention as a starting point to analyse the growing academic industry in relation to what has been constructed as "Europe's refugee crisis." Our intervention sought to contest several kinds of borders—linguistic, epistemic, activist, methodological, political, historical, and internalised— which are uncritically reproduced in this academic industry. (shrink)

It is estimated that there could be 200 million‘environmental refugees’ by the middle of this century. One major environmental cause of population displacement is likely to be global climate change. As the situation is likely to become more pressing, it is vital to consider now the rights of environmental refugees and the duties of the rest of the world. However, this is not an issue that has been addressed in mainstream theories of global justice. This paper considers the potential of (...) two leading liberal theories of international justice to address the particular issues raised by the plight of potential and actual environmental refugees. I argue that neither John Rawls’s ‘Law of Peoples’ approach nor Charles Beitz’s `cosmopolitanism' is capable of providing an adequate account of justice in this context. Beitz’s theory does have some advantages over Rawls’s approach but it fails to take proper account of the attachment that some people have to their own ‘home’. (shrink)

This article—a tribute to philosopher Bat-Ami Bar On—argues that states have obligations to not only resettle refugees, but also to put into place laws, policies, and procedures that are likely to ameliorate exclusionary attitudes and socio-political stances of existing members toward refugees and other forcibly displaced persons. The article begins with a recollection of Bar On, who encouraged the author to pursue the well-being of refugees as a worthy philosophical topic. The article then argues that refugee camps do not (...) serve the purpose of justice; therefore, resettlement must be sought. Resettlement, in turn, raises several questions that egalitarians must take more seriously. In the end, equitable resettlement of refugees requires a broad based ethics of inclusivity and equality that bolsters community willingness to share spaces and “live and let live” in the face of cultural differences. (shrink)

It seems that more often than not, refugees and asylum seekers are associated with the notion of ‘limbo’. This terminology is used to illustrate situations in which people are unable to access systems that would alleviate their ‘standstill’ lives. In other words, when it is said that people are in limbo, it is understood they have a sense of hopelessness. Specifically, in the media, at least three examples of ‘limbo’ are often used: limbo as a physical space, limbo as a (...) type of legal conflict or legal irreconcilability and metaphysical limbo or the type of limbo that exists in one’s mind. Unfortunately, the refugee experience is so commonly associated with the idea of limbo that it appears to be the central space that refugees ‘belong’—presumably, due to the inaccessible or unpreventable nature of their predicament, they are unable to escape their life in limbo. However, it is important to understand that limbo does not simply ‘exist’. It is something that is created. In the case of Australia, refugee limbos appear as certain types due to the restrictive nature of the Government’s laws and policies. This article explores the usage of the term ‘limbo’ in the media in order to draw attention to its overwhelming presence and map specific types of discourse and ideologies. Further, it is shown that limbo should not be considered something which is out of our control or something inherent in the refugee experience but instead, is a tool used by governments to restrict refugee access to the border and systems of protection. (shrink)

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-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)

This article addresses three questions. To what extent does the current refugee regime discriminate among refugees? When is such discrimination wrong? Could discrimination ever be justified pragmatically, for the sake of admitting more refugees given political constraints? In answer to the first question, it finds discrimination is rampant. There is the kind of discrimination that gets noticed: discrimination that states choose to enact within the refugee regime. But there is also a kind of discrimination that is missed: discrimination (...) that is a product of the regime itself. The second question proves tricky. Matters are clear at the extremes. Discrimination based on need is permissible. Discrimination based on race or religion is not. In between, we have a set of hard cases that are more difficult to judge. The article searches for relevant criteria. Finally, on the last question, the article concludes that a political leader could be justified in enacting discrimination as a pragmatic response to political constraints but that, even on such occasions, discrimination remains wrongful. (shrink)

Multiple states are at risk of becoming uninhabitable due to climate change, forcing their populations to flee. While the 1951 Refugee Convention provides the gold standard of international protection, it is only applied to a limited subset of people fleeing their countries, those who suffer persecution, which most people fleeing climate change cannot establish. While many journalists and non-lawyers freely use the term “climate refugees,” governments, and courts, as well as UNHCR and many refugee experts, have excluded most (...) climate refugees from the Convention as a matter of legal interpretation. In our 2015 paper, “Unable to Return in the 1951 Refugee Convention: Stateless Refugees and Climate Change”, we sought to reopen the debate on “climate refugees” by arguing that some climate refugees qualify under the 1951 Convention as it is currently written (even if they are not persecuted): those who are stateless and are unable to return to their country of origin because climate change has rendered it uninhabitable. Our interpretation, however, has been rejected by Goodwin-Gill and McAdam (2021) and by Foster and Lambert (2019), which explicitly responds to our paper. Here, we address and respond to their arguments, and develop a new supplementary one, drawing on the principle of systemic integration, as enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties. (shrink)

Jennifer Kling argues that war refugees suffer a series of wrongs and oppressions and so are owed restitution and aid—as a matter of justice—by socio political institutions. She makes the case that they should be viewed differently than migrants but that their circumstances do not wholly alleviate their own moral responsibilities.

One thing that has to be considered in this process is the place of philosophy itself (Williams 2011 [1985], 4). Politicians often argue that they have no right to keep their hands clean, and that...

Refugee migration leads to increased diversity in host societies and refugees have to face many stereotyped attitudes in the host society. However, there has been little research on minority group stereotypes toward host society members and how these stereotypes relate to the acculturation-relevant attitudes of refugees in their first phase of acculturation. This study surveyed 783 refugees in Germany who had migrated mostly in the so-called “refugee crisis” between 2015 and 2016. At the time of the survey in (...) 2018, they had been in Germany for an average of 27 months. These refugees reported their positive and negative sociability stereotypes toward German host society members, acculturation-related orientations, shared reality values, and perceived discrimination. Results showed that positive sociability stereotypes toward host society members were associated with increased cultural adoption and shared reality. In contrast, negative sociability stereotypes negatively affected cultural adoption and shared reality. However, stereotypes showed no association at all with cultural maintenance. Interactions between sociability stereotypes and discrimination experiences highlighted a disillusion effect, in the sense that discrimination reduced the motivation to adopt the host culture more strongly among refugees who held strongly positive sociability stereotypes. The study extends knowledge on the significance of minority group stereotypes in the context of refugee migration and reveals the maladaptive consequences of discriminatory behavior against refugees by host society members. (shrink)

Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically dist...

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

Europe is facing a wave of refugees and migrants. To solve the many inherent problems is primarily a practical political task. However, there are existential experiences, democratic values, human attitudes, and political principles involved, and I am going to look particularly to the following three aspects of the refugee crisis, 1) the existential, 2) the political, and 3) the legal. Finally, I will make a concluding remark on education’s task.

Wars and crises worldwide force millions of people to flee and seek refuge, often outside their countries of origin. What moral responsibilities do states have towards refugees? In this Ethical Annotation, Dr Jos Philips and his co-authors zoom in on the responsibilities of EU countries. They consider arguments in favour of and against admitting refugees and argue that EU countries must do at least at much as they can do at little cost, and perhaps even more.

In Refugees, Nathan Bell argues for nothing less than a new concept of the political: that societies (liberal or not, in the mode of the sovereign state or some other form) embrace an ethos of responsibility for others, where the right to seek asylum becomes foundational for politics itself.

This study focuses on the question of how Muslim chaplains can, through their interventions, exert an influence on the situation of refugees, characterised by vulnerability and loss of home. Based on definitions in social work and anthropology studies, home can be conceptualised as a key anthropological need, comprised of spatial, temporal, relational and spiritual dimensions. Referring to an empirical study on asylum chaplaincy in Switzerland, this study analyses how five Muslim chaplains accompany refugees, how their styles of chaplaincy differ in (...) practice and what effects their interventions have. These empirical results are then brought into conversation with a theoretical framework, to explore the connections between counselling and vulnerability. While it could be argued that referring to the vulnerable situation of refugees reinforces an image of passivity, the co-construction of a home represents a collaborative effort and empowers refugees by mobilising both forces and resources. Chaplains, in particular, can contribute to the relational and spiritual dimensions of home. For refugees, articulating their religious concerns and working together with Muslim chaplains, means they can address the limits of the existing asylum system and demand recognition of cultural diversity. (shrink)