It is often argued that in order to prevent migration from having social dumping effects, a strict enforcement of equal labour and welfare rights for both migrants and local workers is required. However, we claim that the specific circumstances of those migrants who engage in temporary migration may require a regime of special rights and labour standards that protect and further their distinctive interests and needs. We defend this claim by appealing to the principle that labour and (...) welfare rights should accommodate the life plans of workers and we show that not only these special arrangements are fairer to the migrants involved, but they could also help to prevent social dumping. (shrink)

Liberals are concerned with the equal moral status of all human beings. This article discusses what flows from this premise for moral cosmopolitans when analysing temporary foreign worker programs for low-skilled workers. Some have hailed these programs as a tool to achieve redistributive global goals. However, I argue that in the example of Live-In-Caregivers in Canada, the morally most problematic aspect is that it provokes vulnerability of individual workers. Once in a situation of vulnerability, important conditions of individual autonomy (...) are jeopardized. Even if these programs provide for redistribution of opportunities on a global scale, the challenge such programs pose to the conditions of autonomy can not outweigh these gains. Instead, they need to be re-assessed and changed to fundamentally express equal moral status of all human beings. (shrink)

Liberals are concerned with the equal moral status of all human beings. This article discusses what flows from this premise for moral cosmopolitans when analysing temporary foreign worker programs for low-skilled workers. Some have hailed these programs as a tool to achieve redistributive global goals. However, I argue that in the example of Live-In-Caregivers in Canada, the morally most problematic aspect is that it provokes vulnerability of individual workers. Once in a situation of vulnerability, important conditions of individual autonomy (...) are jeopardized. Even if these programs provide for redistribution of opportunities on a global scale, the challenge such programs pose to the conditions of autonomy can not outweigh these gains. Instead, they need to be re-assessed and changed to fundamentally express equal moral status of all human beings. (shrink)

Liberals are concerned with the equal moral status of all human beings. This article discusses what flows from this premise for moral cosmopolitans when analysing temporary foreign worker programs for low-skilled workers. Some have hailed these programs as a tool to achieve redistributive global goals. However, I argue that in the example of Live-In-Caregivers in Canada, the morally most problematic aspect is that it provokes vulnerability of individual workers. Once in a situation of vulnerability, important conditions of individual autonomy (...) are jeopardized. Even if these programs provide for redistribution of opportunities on a global scale, the challenge such programs pose to the conditions of autonomy can not outweigh these gains. Instead, they need to be re-assessed and changed to fundamentally express equal moral status of all human beings. (shrink)

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)

Temporary labor migration constitutes a significant trend of migration movements within the European Union, especially after the 2004 and 2007 EU enlargements. However, compared to other forms of TLM, intra-EU TLM has received scant attention from normative theorists. By drawing on Iris Marion Young's conception of structural injustice, this article analyzes the injustice of TLM within the EU. It argues that purely rights-based approaches are deficient and that a structural injustice approach is needed. The latter sheds light (...) on the formal and informal processes that place EU temporary migrants in a condition of vulnerability and reveals the multiple individual and collective agents participating in such processes. Moreover, such an approach offers important insights into the agency of migrants by showing how they themselves reinforce structural processes that put not only individual temporary migrants but also similarly positioned migrants and other members of the sending and receiving countries in a vulnerable position. A structural injustice approach does not deny that intra-EU temporary labor migrants should enjoy the rights and entitlements that they currently have in the host country as European citizens. Nor does it dispute that reducing the vulnerability of temporary migrants may require “special rights” accommodating the specific nature of their life plans. Instead, though such rights may be necessary, a structural injustice approach demonstrates how they are insufficient to tackle the injustice of intra-EU TLM and other forms of temporary labor migration more broadly. (shrink)

Temporary labour migration programs are often proposed as a way to provide the benefits of migration in general, while mitigating the allegedly problematic effects of permanent migration. Here I propose that the arguments deployed in favour of temporary labour migration over permanent migration are flawed, normatively, and that empirically temporary labour migration programs produce effects in receiving states that are even worse than those (allegedly) produced by permanent migration. As a (...) result, I shall argue that, for reasons of consistency, advocates of restricting permanent migration should support restricting temporary labour migration programs as well. I conclude not by arguing that temporary labour migration programs should be abandoned, but rather that we must focus more seriously on re-constructing temporary labour migration programs that do not produce these dilemmas, as well as on generating policies that alleviate the challenges they often pose in receiving societies. (shrink)

Over recent decades, developments in network governance have seen governments around the world cede considerable authority and responsibility to commercial migration intermediaries for recruiting and managing temporary migrant labour. Correspondingly, a by-product of network governance has been the emergence of soft employment regulation in which voluntary codes of conduct supplement hard legal employment standards. This paper explores these developments in the context of temporary migrant workers employed in Australian horticulture. First the paper analyses the growing use of (...) temporary migrant labour in this industry. It then describes how different types of intermediaries interact with this workforce. The paper then outlines both hard and soft employment regulations, and contrasts them with actual employment conditions, questioning how a network governance approach has affected this vulnerable workforce. The paper concludes that changes in network governance of migration and employment relations have emasculated formal legal regulation, leaving market forces to operate without effective or ethical constraints at the expense of the public good. (shrink)

Over recent decades, developments in network governance have seen governments around the world cede considerable authority and responsibility to commercial migration intermediaries for recruiting and managing temporary migrant labour. Correspondingly, a by-product of network governance has been the emergence of soft employment regulation in which voluntary codes of conduct supplement hard legal employment standards. This paper explores these developments in the context of temporary migrant workers employed in Australian horticulture. First the paper analyses the growing use of (...) temporary migrant labour in this industry. It then describes how different types of intermediaries interact with this workforce. The paper then outlines both hard and soft employment regulations, and contrasts them with actual employment conditions, questioning how a network governance approach has affected this vulnerable workforce. The paper concludes that changes in network governance of migration and employment relations have emasculated formal legal regulation, leaving market forces to operate without effective or ethical constraints at the expense of the public good. (shrink)

Temporary labor migration programs have been among the most controversial topics in discussions of immigration reform. They have been opposed by many, perhaps most, academics writing on immigration, by immigration reform activists, and by organized labor. This opposition has not been without some good reasons, as many historical temporary labor migration programs have led to significant injustice and abuse. However, in this paper I argue that a well-crafted temporary labor migration program is both compatible (...) with liberal principles of justice and likely to be an important part of a sensible immigration policy for the near future, at least. I show how the many injustices and high potential for abuse of earlier programs may be avoided. I also show good reason to favor a well-crafted temporary labor migration program over either the more likely alternative outcome of officially tight borders (which would almost certainly maintain our current dependence on large-scale unauthorized immigration) and the much less likely option of nearly open borders. As increased labor migration of all sorts is an intrinsic part of increased economic globalization, it is especially important to craft guidelines for just temporary labor migration programs if we are to both gain the advantages of globalization and protect the rights of workers. (shrink)

The article discusses a particularly contentious aspect of labour mobility—state sanctioned and controlled temporary labour migration. In contrast to forced migration, which always has had a recognizable ethical dimension in terms of the universal right to asylum, temporary labour migration has tended to be viewed as an exclusively economic and thus ethically neutral phenomenon. This article presents a diametrically opposite approach to temporary labour migration: it is argued that this form of labour mobility (...) creates a plethora of ethical challenges to the body which regulates it—the state. Furthermore, attention is drawn to employers’ rationalizations in relation to temporary migrant workers and trade unions’ responses to it. The article examines how these industrial relations actors deal with the moral hazards characteristic to temporary labour migration. It concludes with the exploration of the emergent issues in migration ethics and points out to a tentative research agenda. (shrink)

Temporary migration raises two different challenges. The first is whether territorial democracies can integrate temporary migrants as equal citizens; the second is whether transnationally mobile societies can be organized democratically as communities of equal citizens. Considering both questions within a single analytical framework will reveal a dilemma: on the one hand, liberals have good reasons to promote the expansion of categories of free-moving citizens as the most effective and normatively attractive response to the problem of partial citizenship (...) for temporary migrants; yet, on the other hand, if free movement rights were actually used by too many, this might fatally undermine the sustainability of intergenerational and territorial democratic polities. (shrink)

Temporary workers stand to gain from temporary migration programs, which can also benefit sender and recipient states. Some critics of temporary migration programs, however, argue that failing to extend citizenship rights or a secure pathway to permanent residency to such migrants places them in an unacceptable position of domination with respect to other members of society. We shall argue that access to permanent residency and citizenship rights should not be regarded as a condition for the (...) moral permissibility of such programs. Instead we will focus on the essential protections that must be extended to all migrant workers, irrespective of the length of their migration project. (shrink)

Much of the debate around temporary foreign worker programs in recent years has focused on full or partial access to rights, and, in particular, on the extent to which liberal democratic states may be justified in restricting rights of membership to those who come and work on their territory. Many accounts of the situation of temporary foreign workers assume that a full set of rights will remedy moral inequities that they suffer in their new homes. I aim to (...) show two things: first, and based on experiences reported by former Live-in-Caregivers in Canada who now have access to the full set of citizenship rights, and German citizens who are descendants of Kurdish guestworkers in Germany, I have proposed that even after gaining citizenship, many of them experience social stigma and a sense of exclusion. Second, I have argued that this neglects a basic need that individuals have, which is to have access to relational resources within society in order to be protected against social deprivation. This need is seemingly immune to be effectively protected through the known catalogue of social, civic and political rights. Instead, I argue that social deprivation needs to be analyzed through the lens of institutional vulnerability to yield an analysis of the moral obligations of liberal democratic states. (shrink)

After receiving the divine authorization from Allah to openly notify people of Islam, the Messenger of Allah started to publicly to invite the people of Mecca to Islam. Idolaters however felt heavy shame to give up the faith of their ancestors, and the pagans did not accept the Prophet's invitation to Islam. They applied various pressures to the Messenger of Allah and the believers to renounce the cause of Islam. When the animosity against the new Muslims became intolerable, Almighty Allah (...) gave permission to immigrate, first to Habasha and then to Medina. Some of the companions of the Prophet periodically immigrated to Habasha and then to Medina. In the sources that have survived to the present day, poets (ṣaḥāba: companion of the Prophet Muhammad peace be upon him) reflect the events experienced during the immigration to Medina and the intensity of emotions they felt during the holy journey. These poets demonstrate in their writings a sense of elation and pride, having followed the Prophet's favorable advice to immigrate to Medina and portend that their religion will be strengthened in Medina by their presence. Their poems in terms of style are more focused on unscripted, or spontaneous feelings, a style of pauses to give harmony between the shorter verses, unlike long poetic tradition in the period of ignorance (Jāhiliyya).Summary: The Messenger of Allah comes into the world of Mecca, where injustice and distorted belief forms prevail, and when he is forty years old, he is commissioned as a prophet by Allah Almighty. Considering the possibility that the Islamic invitation will not be accepted and welcomed by the pagan Arabs in Mecca, the Prophet tries to spread his cause among the people only he has trusted for three years. When revelation regarding publicly conveying Islam came, the Prophet begins to openly invite the people of Mecca to Islam. Since leaving the beliefs that are patrimonies preponderated the pagans, they started oppressing the Prophet and the believers. When the pressure exerted by the pagans exceeded the limit of tolerance, the Prophet advised the Ṣaḥāba for the temporary migration to Abyssinia. Some Muslims in need of protection followed the advice of the Messenger of Allah, and they migrated to Abyssinia. In the meantime, the Prophet was under the protection of his uncle Abū Ṭālib. After the death of Abū Ṭālib, the pressure on the Prophet increased day by day. Moreover, it was even planned by the pagans to have them eradicated through conspiring against them. The Prophet, who understood that he cannot convey Islam in Mecca, went to Tāif to describe his case. The Prophet, however, faced a harsh reaction in Tāif and was forced to return to Mecca.In the meantime, the people of Medina were in search of a leader to eliminate the mess in consequence of wars and instability with Jews on the one hand and among each other on the other hand. The Prophet came to Mecca in the Ḥājj (pilgrimage) season and also presented the religion of Islam to groups from Medina People who perceived that the Prophet has the features to overcome the disasters between them, they pledge allegiance to the Prophet through the agreements known as Bay‘a al-‘Aqaba in the region called al-‘Aqaba, respectively as Bay‘a al-‘Aqaba I and II. In this way, the city of Medina became ready to welcome the immigrants and to be a base of the Islamic religion that will open up to the world. Almighty Allah is first allowed to Ṣaḥāba and then to Prophet to migrate to Medina and with migration of Prophet to Medina, a significant breakthrough was achieved in the history of Islam.Since the issue of the migration to Medina corresponds to the early period of Islam, the sources of poetry reflected the migration of the Ṣaḥāba to Medina are few in number. Relevant texts in the available sources can be found consist of five articles as, three of them belong to Abū Aḥmad b. Jaḥsh, the fourth belongs to Bujaid b. 'Imran al-Huzâ'î'e and the last one belongs to an unknown poet. Because of his connection to the hegira, a verse pursuant to idolater poet Utbe b. Rabî‘a was also included in the subject. In related poem texts, it is seen that the Ṣaḥābahs poets had prided themselves on the fact that they followed the advice made by the Messenger of Allah on his way to hegira to Medina and they tried to reflect the intensity of emotions they experienced in the face of the developments that occurred since the first moments of the movement of emigration to the poems. Determined to migrate to Medina in order to strengthen the Islamic invitation, the poet Abū Aḥmad reflected the self-confidence of walking on the right way. Abū Aḥmad promised the Messenger of Allah that he will migrate to Medina and he was faithful to his word. Abū Aḥmad tried to resolve his concerns of his wife Umm Aḥmad that they might be harmed by the polytheists if they migrate to Medina and emphasized that they migrate to Medina in order to strengthen the God Almighty against superstitions.Undoubtedly, the concerns of Umm Aḥmad in this context give clues about the dimensions of mobbing, oppression and torture policies applied to Muslims in Mecca. Abū Aḥmad and his associates were full of belief that Almighty Allah will meet their expectations as they migrate to Medina in line with the recommendations of the Prophet. In this respect, the poet turns a deaf ear to the advice of many men, women and friends to not to leave Mecca environment that he was born and grew up in and the memories that adorns his inner life shaped. The poet also points to the importance of the fellowship of Islam, rather than the spirit of Jāhiliyya As a matter of fact, because of tribal chauvinism, the poet called for the termination of hostilities in the past and convinced those around him to follow the call. In this respect, the poet is in peace with the fact that the family members will also have the blessings waiting for those who migrate for Allah. According to the poet, the idolaters who favored blasphemy and who opposed Muslims, deserved the wrath of Allah. Even if there are blood ties with the Muslims, the idolaters who favor the blasphemy and opposed the Muslims are frustrated. In another poem, the poet also boasts Ghanm family, of whom he was a member, because they had fulfilled the promise they had given to the Prophet, that they would migrate to Medina. According to the poet, the Ghanm family is essentially loyal to the Prophet. As a matter of fact, the Ghanm family, which once occupied Mecca and lived off in Mecca, left the lands they lived in for Allah and migrated to Medina in groups of single and two in order to strengthen the invitation to Islam.Poet Bujaid b. ʿImrān al-Khuāz‘i boasts about the fact that Khuzā'a tribe, of which he was a member, that is the lower tribe of the Kaʿb sons, supported the Prophet and some of his people migrated to Medina in his verses. In fact, according to the poet, the members of the Khuzā'a tribe trotted off to the Medina on the advice of the Prophet without wasting any time. Moreover, due to the agreement between the Khuzā'a tribe, who played a key role in the reasons causing conquest of Mecca, and the Prophet, Mecca was conquered and Mecca skies were cleaned from idolatry mist. The Khuzā'a tribe was instrumental owing to their admirable attitude in the conquest of Mecca and the Prophet to gain strength, despite the idolaters who once forced the Prophet to leave Mecca. In the verses of the unidentified poet, it is seen that the names of the eight Ṣaḥāba who were subjected to oppression in the most troubled early periods of Islam, who left their homeland for Allah, migrated to Abyssinia or Medina and were heralded to enter heaven were mentioned. According to an unidentified poet, it is not possible for anyone to reach the rankings of these eight people due to the beautiful actions they performed.In the last poem text, it is seen that the poet Abū Aḥmad was dissatisfied with the confiscation and sale of his house by Abū Sufyān when he emigrated to Medina. In the verses, the poet likens his home being unjustly confiscated by Abū Sufyān to a hunter holding the dove he seized tightly and he emphasizes that he will get his due in the afterlife from Abū Sufyān.The poetry texts bearing the traces of migration to Medina are a continuation of the poetry technique of the period of Jāhiliyya in terms of the poetry technique, when wordings that are in accordance with the spirit of Islam are left aside. As a matter of fact, poets try to reflect the intensity of emotions they live in short verses instead of long term poems. Again, poets use the types of art, such as borrowing, metaphor and comparison, which are frequently used in the poetry of the Jāhiliyya in order to bring the intensity of emotion they live in closer to the audience's perception. Poets build on these poems on taweel, muteqâreb, baseet and qamel, which are frequently found poetic measures in the poetry of Jāhiliyya. As a last word, it is necessary to say that the poetry texts of Ṣaḥāba poets are historical objects in terms of shedding light on the events experienced during the Hijra. Again, the poem texts in question are important in terms of getting an idea about the state of old Arabic poetry during the transition period from the period of Jāhiliyya to the period of Islam. (shrink)

In order for a state to rightfully exercise self-determination by means of setting policies concerning migrants and migration, they must be legitimate, Gillian Brock argues in _Justice for People on the Move_. Legitimacy, in Brock’s view, requires that states satisfy three (jointly sufficient) conditions: they must respect their own citizens’ human rights; they must be a part of a legitimate state system; and they must adequately contribute to the maintenance of this state system. In her new book, Brock also (...) argues persuasively for a variety of migration-related policies that states ought to adopt (concerning, for example, addressing the needs of refugees, regularization of undocumented migrants, and protections for temporary labor migrants). In previous work (Brock, _Global Justice: A Cosmopolitan Account_, Oxford University Press, New York, 2009; Brock and Blake, _Debating Brain Drain: May Governments Restrict Emigration?_, Oxford University Press, New York, 2015), Brock has compellingly defended the justice of policies designed to allay the harmful effects of brain drain. In this commentary, I wish to argue that the legitimacy standard Brock defends in _Justice for People on the Move_ is an obstacle to the justified adoption of the migration-related policies Brock demonstrates here and in previous work to be substantively morally justified, if not required by justice. If a state is not legitimate, then it lacks the moral standing to adopt migration policies that are otherwise morally justified. I do not intend to question the importance of the concept of state legitimacy for political philosophy generally. However, I wish to argue that that in the context of migration justice, considerations of state legitimacy may be contrary to the goal of defending a view on what policies a state ought to adopt. It may be more useful simply to consider whether or not there is moral justification for a particular state to adopt a particular policy. (shrink)

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

Does the concept of domination cast new light on issues that arise in the context of migration and citizenship? If citizenship is a status that provides protection from domination, understood as subjection to arbitrary interference, are non-citizens - whether outside or inside the state - necessarily subject to domination by virtue of being non-citizens? Does domination provide a useful basis for considering the harms that migrants suffer? If non-domination is a value to be promoted in politics, what are the (...) implications for the treatment of migrants and resident non-citizens? This book addresses issues of migration and citizenship within the frame of freedom, in terms of domination, understood as being subject to the threat of arbitrary interference. Coming from a variety of perspectives, the chapters examine the issues of migration controls, differential resident statuses, including temporary workers, refugees and long-term residents, and the conditions for access to citizenship in the light of these concerns. This book was published as a special issue of the Critical Review of International Social and Political Philosophy. (shrink)

"In The Ethics of Migration: An Introduction Adam Hosein systematically and comprehensively examines the ethical issues surrounding the concept of immigration. The book addresses important questions such as: - Can states claim a right to control their borders and if so to what extent? - Is detention ever a justifiable means of border enforcement? - Which criteria may states use to determine who should be admitted into their territory and how do these criteria interact with existing hierarchies of race (...) and gender? - Who should be considered a refugee? - Which rights are migrants who are present in a territory entitled to? - Is there an acceptable way to design a temporary worker program? - When, if ever, are amnesties for unauthorized migrants appropriate? Featuring case studies throughout, this textbook provides a philosophical introduction to an incredibly topical issue studied by students within the fields of political philosophy, applied ethics, global studies, politics, law, sociology and public policy"--. (shrink)

This article utilizes the lens of disposability to explore recent conditions of low-wage temporary migrant labour, whose numbers and economic sectors have expanded in the 21stcentury. A central argument is that disposability is a discursive and material relation of power that creates and reproduces invidious distinctions between the value of “legitimate” Canadian settler-citizens and the lack of worth of undesirable migrant populations working in Canada, often for protracted periods of time. The analytical lens of migrant disposability draws upon theorizing (...) within Marxian, critical modernity studies, and decolonizing settler colonial frameworks. This article explores the technologies of disposability that lay waste to low wage workers in sites such as immigration law and provincial/territorial employment legislation, the workplace, transport, living conditions, access to health care and the practice of medical repatriation of injured and ill migrant workers. The mounting evidence that disposability is immanent within low-wage migrant labour schemes in Canada has implications for migrant social justice. The failure to protect migrant workers from a vast array of harms reflects the historical foundations of Canada’s contemporary migrant worker schemes in an “inherited background field [of settler colonialism] within which market, racist, patriarchal and state relations converge”. Incremental liberal reform has made little headway insofar as the administration and in some cases reversal of more progressive reforms such as guaranteed pathways to citizenship prioritize employers’ labour interests and the lives and health of primarily white, middle class Canadian citizens at the expense of a shunned and racialized but growing population of migrants from the global South. Transformational change and social justice for migrant workers can only occur by reversing the disposability and hyper-commodification intrinsic to low-wage migrant programs and granting full permanent legal status to migrant workers. (shrink)

This chapter focuses on the implications of economically self‐interested behavior by voters and lobbyists, rather than important issues of irredentism, demagoguery, and security. It also focuses on the political problems of liberalizing migration between poor and wealthy states. Economists often support temporary migration in order to guard against potential adverse effects of brain drain. International organizations can serve to engage in surveillance, communication, and adjudication in order to enforce rules. Responsibility for international economic migration could be (...) assigned to an existing organization or to a new organization. The chapter addresses the possible features of a new international organization addressing migration. It also describes the present migration‐related functions of the International Organization for Migration (IOM), International Labor Organization (ILO), and World Trade Organization (WTO). The ILO has broad experience in a variety of labor and migration issues, and its tripartite structure facilitates negotiations that involve the concerns of industry and labor. (shrink)

Starting symbolically from a place of transit and mobility such as the Galleria in Naples, I look at the pace of immigration movements to Italy from both ex-colonial territories and other countries. Precarity characterizes the migrant condition in Italy: entrance and stay permits; work and housing, which are difficult to obtain and always temporary; bureaucratic control is severe and the right to citizenship is distant. The collective amnesia of the colonial enterprise obscures the fact that at least some of (...) the guests of today were the hosts of yesterday. I analyse these, and other aspects, in the literature of migration that in recent decades has emerged in Italy, focusing on women's writing and confronting the problem of how long it will take for this literature to receive recognition in the Italian literary canon. In women's narratives, precarity emerges in the journey of emigration, described as a real odyssey; in tensions over identity and language; in contrasting cultures of departure and cultures of destination; in the problematic concept of ‘home’. Racial and gender differences subsumed in the colour of skin are a recurrent motif. For women, hardships may be more deeply felt: isolation and loneliness is augmented by the distance from children and family; the relationship between past and present more troublesome as it often leads to a double oppression. independence is more fiercely fought for in the affirmation of identity. Finally, I show that, alongside conditions of isolation and despair, strength and hope in the new life emerge from these writings, touching on the importance of writing in Italian and on the motives leading to this choice. (shrink)

In today’s world, given the relative importance that companies are giving to corporate social responsibility, sustainability, human rights, and ethics, it is logical to assume that the humanistic trend is gaining support over the economistic, especially in the most developed countries. The paper serves both to introduce the topic of circular migration and to suggest that humanistic management principles are not applied to circular migration programs. First, we contrast humanism with economism as fundamental approaches to business goal setting. (...) Then, we discuss in more depth the concept of circular migration and explain the mechanisms under which this migration happens in the US and Canada. Next, by relying on Melé’s propositions, we elaborate on the case of the Mexican workers who enroll in these temporary job programs, with attention to the programs’ pitfalls and outcomes. Finally, we conclude with reflections on further research in humanistic management as a tool for improving temporary migration movements. (shrink)

The Venezuelan migration crisis has displaced over six million people and is the Americas’ largest forced migration. Nearby countries have received the majority of the displaced and initially showed an impressive welcome to Venezuelans, regardless of whether they may be considered migrants, asylum seekers, or refugees. However, host country responses have mainly been uncoordinated, siloed, and impromptu. This paper examines the solidarities and tensions within the individual country responses of Venezuela’s closest Latin American and Andean neighbors: Colombia, Ecuador, (...) Peru, Chile, and Brazil. The number of displaced people leaving Venezuela has steadily increased since 2015 yet limited long term-planning and inclusion of migrants in host communities has led to a growth in xenophobia. Additionally, many Latin American host nations have erected new barriers that make legal entry or residency forms more difficult for migrants to obtain. The COVID-19 pandemic has compounded these issues as host countries grapple with supporting and offering resources to their citizens in addition to migrants. However, some promising regional solutions could be applied in a more coordinated regional approach to help ensure that host countries and IOs supporting them can better extend enduring solidarity and inclusion to Venezuelans. These solutions include longer-term visa options, such as the new Colombian 10-year visa, that can help regularize and include Venezuelans over a prolonged period. A particularly recommended approach would be the regional application of an inventive Latin America humanitarian-orientated accord, the Cartagena Declaration, a forward-thinking concept with a potential that has never been realized. The Cartagena Declaration could offer more comprehensive protection and fairer access to rights beyond temporary measures. (shrink)

After the full-scale invasion of the Russian Federation into Ukraine, the flow of forced migration from Ukraine has significantly increased as people tried to protect their lives and find a safe place to live. Given that Ukraine shares the external border with the European Union, most people sought protection precisely in the Member States of the European Union. The study aims to analyze the features of the legal regulation of the provision of temporary protection in the European Union (...) and determine the reasons and conditions that led to its activation after the full-scale invasion of the Russian Federation into Ukraine on February 24, 2022. The leading method of the research was the method of systematic analysis, which helped define temporary protection as a multifaceted phenomenon and determine the reasons and conditions that led to its activation in the European Union after the full-scale invasion of the Russian Federation into Ukraine on February 24, 2022. In order to regulate the mass influx of Ukrainian displaced persons, the European Union has activated the mechanisms of temporary protection, which is an emergency mechanism introduced by a decision of the Council of the European Union. The status of a person with temporary protection provides certain rights analyzed in the article. Thus, the activation by the European Union of the Temporary Protection Directive is a justified and appropriate measure to protect the mass influx of displaced persons from Ukraine. (shrink)

This article argues that intersectional analyses of care work also need to include a temporal aspect. Drawing on ethnographic research on Slovak au pairs working in the UK and on interviews with both providers and employers of paid childcare in Slovakia, I examine how the temporariness of care work is created within both migrant and non-migrant settings. In particular, I demonstrate that both employers and providers conceptualise paid childcare as a temporary period in their lives and show the consequences (...) of this conceptualisation in their valuing of care work. In both examined cases, I focus on the role of care/welfare and migration regimes in the production of temporariness in care work and argue that both providers and employers of paid care construct their involvement in domestic work as a specific life course experience. While for au pairs, working stays in the UK represent a specific transition period from adolescence to adulthood, employers in Slovakia decide to employ particular types of domestic workers in relation to the particular developmental phases of their families and households. (shrink)

In Justice for People on the Move, Gillian Brock develops a promising, original account of migration justice. In her view, states have a robust (though conditional) right to self-determination, which includes a reasonably strong right to regulate migration. However, in order for these rights to be justified, three legitimacy requirements must be met. Most obviously, states must respect the human rights of their own citizens and the international state system itself must be legitimate. This latter condition also requires (...) states to do their part in sustaining a justified state system, which includes helping to alleviate “legitimacy gaps,” including significant human rights violations in other states. Brock uses this framework to address several pressing migration-related policy issues, including Muslim bans, the deportation of unauthorized migrants, temporary labor migration, and refugee protection. However, one topic is notably absent from her analysis: climate-related displacement. Some theorists insist that climate change migrants should not be considered refugees because they do not fit the standard definition of a refugee. In particular, climate migrants were displaced by droughts, floods, storms, or sea level rise rather than by war or persecution, and many are able to remain in their homes at present but will be forced to relocate at some point in the future. This paper explores the implications of Brock’s theory of migration justice for climate migration. I suggest that although her approach to refugee protection may initially appear to exclude climate migrants, her understanding of right to self-determination yields strong obligations to assist them. I take this to be a strength of her framework, which makes an important, albeit indirect, contribution to current debates on climate change migration. (shrink)

This article focuses on Claudio Magris’s reflections on time by interrogating two time-related notions from which his entire narrative oeuvre develops: the idea of eternal con-temporariness and his reworking of Carlo Michelstaedter’s concept of ‘persuasion’. Furthermore, it aims to explore the implications of these notions for the ways in which Magris revisits and represents both the familiar and the less familiar places that make up the fabric of his literary journeys. The discussion of Magris’s use of the two notions of (...) time begins with Danube, where he recounts the experiences of the traveler-narrator on the vast itinerary from the river’s source to the Black Sea. Following the curved and sinuous path that runs parallel to the Danube’s riverbanks, the traveler-narrator records his reflections on the ways in which the historical and intellectual European figures, as well as the ordinary characters around which the book centers, have dealt with the experience of time. In his two later novels, Microcosms and Blindly, Magris picks up the theme of reflection again as it continues to shape his wanderings through global and familiar places. In the short stories of Tempo curvo a Krems [Curving time in Krems], in contrast, the aging characters have somehow come to a standstill after migrating from Central and Eastern Europe to northern Italy. Here, Magris seems to take a different perspective, since the elderly protagonists have renounced the search for persuasion and tend to withdraw from life. At the same time, however, the narrator’s conjectures from the seashore again lead the reader back to the very beginning of Magris’s long-life literary journey “through time and against time.” By evoking the image of the river’s delta and the narrator’s sense of uncertainty when the latter faces the open sea, Magris reaffirms once again the importance of preserving a sense of the beyond through which to discover the complexity and uncertainty of one’s own identity. (shrink)

We reinvigorate vulnerability theory as a radically ethical device — ethical vulnerability analysis. We bring together fuller vulnerability analysis as theorized by Fineman and Grear in conversation with Levinas and Derrida’s radical vulnerability and the ethics of hospitality to construct a theoretical framework that is firmly anchored in the realities of the everyday that are vulnerability and migration. This novel framework offers a thinking space to subvert approaches to migrants and migration as it compels us to come face-to (...) face with the “other”, which in turn renders the political accountable by her. We deploy ethical vulnerability analysis to deconstruct the EU’s “migration crisis” and investigate whether the activation of temporary protection for displaced persons from Ukraine signifies a humanizing turn in the EU’s asylum and migration policies. In this regard, we submit that this hospitable moment constitutes an “exception to the rule” rather than a paradigm shift. (shrink)

One way to bring order into the often muddled picture we have of interdisciplinarity is to sort interdisciplinary projects or aims by the kinds of element that interact in encounters between researchers of the two or more disciplines involved. This is not the usual approach. Since the early seventies and the publication of Erich Jantsch , at least, the level of integration of the disciplines has been the primary focus. For instance, the level of integration is often treated as the (...) distinguishing boundary between multi‐, inter‐, and trans‐disciplinarity. We identify three kinds of interdisciplinary relation: problem‐feeding, conceptual drift, and methodological migration; we focus, in particular, on the first of these. Drawing on examples from the emerging field of Sustainability Science we show that problem‐feeding is a common and apparently fruitful way of connecting disparate disciplines. We illustrate some of the roles conceptual drift and methodological migration have in problem‐feeding as well as in their own right. Towards the end of the paper we suggest that there is an interesting difference between our approach to interdisciplinarity and the integrative perspective suggested by Jantsch. The interdisciplinarity resulting from problem‐feeding between researchers is typically local and temporary; integration is associated with a longer‐term, global form of interdisciplinarity. (shrink)

Countries increasingly have been entering bilateral labor agreements as a tool for the regulation and governance of short-term temporary labor migration worldwide. However, these are often confidential legal instruments, and consequently we know relatively little about their actual content and impact, and why countries choose to enter them. This Article complements existing explanations in the literature regarding the reasons why countries enter BLAs and their potential to create and improve migrant workers’ rights. Based on a detailed content analysis (...) of 81 recent BLAs signed largely over the last 20 years, and on a wide literature review and interest analysis, we introduce a “control thesis.” According to the control thesis, the popularity, confidentiality and unenforceability of BLAs can be explained, at least partially, by their ability to promote a key shared interest of sending and receiving countries in controlling and policing the mobility and actions of migrant workers and also, at times, aspects of the illicit migration industry that develops around labor migration. We reach this conclusion, and elaborate on its meaning and the potential it may hold for migrant workers and their advocates, in strategically seeking to use BLAs to improve temporary migrant workers’ rights and protections. (shrink)

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

Care drain brings the traditional problem of carers' choice between paid work and family at a new level. Taking care drain from Romania as a case study, I analyse the consequences of parents' migration within a normative framework committed to meeting the needs of vulnerable individuals. The temporary migration of parents who cannot take their children with them involves moral harm, particularly the frustration of children's developmental and emotional needs. I use recent feminist work on justice and (...) care in the economy to address the question whose responsibility it is to fill the void of care created by temporary migration. I argue that the moral issues raised by care drain are also issues of social justice and therefore call for rectification by the states involved. (shrink)

Migration is one of the social processes that have influenced and are still deeply influencing current Romanian society, given that millions of Romanian citizens have relatives who had longer or shorter migration projects. Migration leads to socio-economic and cultural changes, which cause temporary or permanent changes in the human reality, the way of life and the personality of those who leave, but also of those who remain at home. Certainly, migration affects, first of all, the (...) family, changing both its structure and functionality. The temporarily disintegrated family has become one of the forms towards which the evolution of the family is moving, raising a multitude of problems aimed at a new lifestyle and interaction, new demands in the line of adjustment and accommodation both within and outside the family. The phenomenon of emigration in order to find a workplace affects both the family, as a social nucleus, and the individual as part of the family structure. Migration has a major impact on the relationship between spouses, on the parent-child relationship, on parental behavior, on destiny, in general. Although the family remains central to the existence of individuals in a transnational situation, its cohesion is not self-evident; it becomes a problem of community integration. Following the way in which the perspective on the family has changed in the context of migration, the study aims to identify and analyze the most important transnational practices through which family cohesion was maintained in the case of Romanian migration. To better understand this process of maintaining transnational family cohesion, we use an analytical model in four dimensions (social, positional, cultural and identity). (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, (...) I look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

Worldwide, many impoverished parents migrate, leaving their children behind. As a result children are deprived of continuity in care and, sometimes, suffer from other forms of emotional and developmental harms. I explain why coercive responses to care drain are illegitimate and likely to be inefficient. Poor parents have a moral right to migrate without their children and restricting their migration would violate the human right to freedom of movement and create a new form of gender injustice. I propose and (...) defend an institutional solution. Taxes levied on the remittances sent by temporary migrants ought to be used to provide migrants' children with psychological counselling in order to mitigate the harm resulted from discontinuity in care. (shrink)

This paper proposes a novel use of tax policy to address one of the most pressing issues arising from economic globalization and international migration, that of “brain drain” – in particular, the migration of certain skilled and highly trained or educated professionals from less and least developed countries to wealthy “western” countries. This problem is perhaps most pressing in relation to doctors, nurses, and other medical professionals, but exists also for teachers, lawyers, economists, engineers, and other highly skilled (...) or trained professionals. While there have been other proposals in the past to use tax policy to address brain drain (most famously versions of the so-called “Bhagwati Tax”, a form of exit tax), in this paper I provide an account of and justification for using tax credits, modeled loosely on the foreign tax credits U.S. citizens receive in certain situations for taxes paid in other countries. My proposal avoids several of the pitfalls of other methods of using tax policy to ameliorate the harms of brain drain, as it does not subject people from the developing world to potentially onerous double taxation, and does not depend on sophisticated tax collection capabilities within developing countries, capabilities which are often lacking. Additionally, my proposal also leads to fewer morally problematic restrictions on the liberty of citizens of less and least developed countries than do non-taxed based alternative proposals, such as temporary bans on migration. While the proposal cannot hope to completely solve the problems that arise in relation to brain drain – no approach can do this – it does provide a straightforward way to ameliorate the problems that arise from it without placing significant financial or liberty burdens on already less advantaged people from the developing world. -/- (This paper may be downloaded for free from the link to my SSRN page below). (shrink)

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 international community. The (...) currently valid Asylum Act regulates the international protection of aliens in the Slovak Republic, by defining the conditions and procedures related to granting asylum and provision of subsidiary protection and temporary shelter. The Asylum Act also covers the rights and obligations of different categories of persons, stay in asylum facilities and, partially, the integration of persons that are granted asylum. This article describes and analyses the development of the Slovak asylum legal framework and the concept of asylum policy. Furthermore, it looks at different protection statuses granted to foreigners and finally deals with the refugee migration trends in the Slovak Republic. (shrink)