Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...) due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

The mainstream concept of death—the biological one—identifies death with the cessation of an organism. In this article, I challenge the mainstream position, showing that there is no single well-established concept of an organism and no universal concept of death in biological terms. Moreover, some of the biological views on death, if applied in the context of bedside decisions, might imply unacceptable consequences. I argue the moral concept of death—one similar to that of Robert Veatch—overcomes such difficulties. The moral view (...) identifies death with the irreversible cessation of a patient’s moral status, that is, a state when she can no longer be harmed or wronged. The death of a patient takes place when she is no longer capable of regaining her consciousness. In this regard, the proposal elaborated herein resembles that of Veatch yet differs from Veatch’s original project since it is universal. In essence, it is applicable in the case of other living beings such as animals and plants, provided that they have some moral status. (shrink)

This article focuses on the events surrounding a homosexual Romanian man's attempt to be recognized as a refugee in Britain. Numerous themes emerge such as the nature of authenticity, knowledge, identity, pleasure, evidence and the homosexual refugee as being caught in between two legal apparatuses (that is, fleeing from the hostility of one legal regime and then trying to gain refugee status, and thus legal protection, via a British Immigration Tribunal). In this article, the corporeality and (...) sensuality of legal practices are exposed in the form of `practices of truth'. That is, in this case medico-legal `living individuals' were to perceive, hear, speak, touch and penetrate the `secrets' of Mr Vraciu's body in order to authenticate his sexual identity for the purposes of law. This case also demonstrates the existence of a differend between what I describe as the self-knowledge of homosexuality and the `legal' fact-based, or authorized knowledge of homosexual identity produced through practices of truth. (shrink)

Refugees constitute one of the most serious international problems that the world faces today. The problem of guarantee of access to a language that is understood by the applicant in the procedure for granting refugee status, presented in this paper, is strongly associated with this matter. Due to the fact that this is an issue which affects a considerable number of states, both interna- tional and domestic regulations concerning the granting of refugee status were selected for (...) examination in the present paper. The provisions of the Convention relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland were considered. The paper focuses on an analysis of the guarantee to make provision for communication in an understandable language, which does not create a barrier for the person applying for refugee status while communicating with administrative agencies that are decisive in granting the aforementioned status. (shrink)

Environmental displacement is a global phenomenon affecting millions of people. Due to climate change and the corresponding sea-level rise, it is estimated that about eight million of indigenous people of Pacific Islands will be forced to settle elsewhere by 2050. This is one of many examples confirming the need to ascertain the legal status of environmental refugee in international law. The term ‘environmental refugee’ is controversially discussed and internationally not recognised. First, this article discusses the reasons for (...) reluctance of international organisations to accept this term. Second, noting the cold reception of this term at the regional and state levels, a discussion on whether fears associated with this term are based on solid arguments becomes pertinent. Third, this article outlines the possibility of granting refugee status under international law, especially under human rights and environmental law. Fourth, academic discourses will be examined as they play a crucial role in the conceptual development of ‘environmental refugee’ and, to some academics, the existing refugee definition already encompasses ‘environmental refugees’. Taking into account the developments of the environmental and human rights regime, this article concludes that time is ripe for international law to provide refugee status to environmentally displaced people. (shrink)

Calls to recognize a right of return are a recurring feature of refugee crises. Particularly when such crises become long-term, advocates of displaced people insist that they be allowed to return to their country of origin. I argue that this right is best understood as the right of refugees to return, not to a prior territory, but to a prior political status. This status is one that sees not just any state, but a refugee's state of (...) origin, take responsibility for safeguarding their welfare. This entitlement I characterize as an institutional right: a right that presupposes, and is a necessary feature of, a particular institution. The institution of which the right of return is an indispensable part is the international political system that sees authority exercised by sovereign states. The institutional argument for a right of refugee return presupposes two basic factual claims about states: they play a central role in safeguarding rights and they pursue exclusionary policies of border control. Importantly, the institutional view presupposes only that states do perform both functions, not that they are justified in doing so. On a purely normative level, the institutional account assumes little more than the moral equality of human beings. (shrink)

Encampment continues to be one of the dominant modes of responding to refugee situations. I suggest that we would do well to conceive of the wrongfulness of refugee camps not just in terms of their effects, but also in terms of their function. I endorse the view that camps currently function primarily to contain displaced persons and develop a novel conception of the wrong of encampment in terms of that function. Drawing on Heidegger's account of the spatiality proper (...) to different entities, I argue that practices of containment reduce refugees to the status of objects to be, in effect, immobilized and stored away for an indeterminate amount of time. (shrink)

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

Our understanding of the impact of gender on refugee determination has evolved greatly over the last 60 years. Though many people initially believed that women could not be persecuted qua women, it is now frequently recognized that certain forms of gender-related persecution are sufficient to warrant asylum. Yet despite this conceptual progress, many states are still reluctant to consider certain forms of gender-related persecution to be sufficient to warrant asylum or refugee status. One reason for this continued (...) bias is the lack of a framework with which to understand gender-related persecution. I argue that we ought to understand gender-related persecution as resulting from the intersection of individual or state persecution and structural injustice. Structural injustice can be understood as the kind of everyday injustice, harm, and violence that women experience that makes possible the more extraordinary kinds of violence that women are likely to claim as the basis of asylum. Understanding gender-related persecution within the context of structural injustice will, I argue, help us to see it as a legitimate form of persecution and thus allow more just outcomes for women refugees. (shrink)

The 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees embody fundamental provisions of refugee law. However, since the adoption of these documents the world has changed dramatically and the laws are not developing fast enough in order to catch up with dynamically changing contemporary situations. The application and interpretation of definition of a refugee was developed through traditional practice of Western states, which was influenced by two (...) world wars and the Cold War, when refugees from Africa or Asia were uncommon. The Qualification Directive specifically aims at ensuring that the member states apply common qualification criteria for persons who need international protection in line with the 1951 Convention Relating to the Status of Refugees. The author supports the statement that the Qualification Directive in principle aims at bringing back under the definition of refugee those, who have been left outside of its scope during the last decades as a result of the restrictive interpretation and application of the definition of refugee. (shrink)

Despite its long history of refugee crises, Asia lacks effective refugee protection mechanisms. Most Asian states resist ratification of the international refugee laws, and many international organizations are ineffective and lack concrete legal and political approaches to protecting refugees. Asian civil society, particularly Asia Pacific Refugee Rights Network, collaborates to protect refugees by employing alternative frameworks. This paper argues that Asian civil society aims to challenge the nature of refugee protection in Asia. Instead of encouraging (...) states to ratify the 1951 Convention Relating to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees, APRRN stimulates national-level implementation of refugee protection principles and practices from below. It engages its members in global decision-making by mobilizing and sharing resources with them. APRRN frames refugee protection as international human rights issue instead of as a national security concern. (shrink)

Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue (...) that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body of ethical insights related to diagnosing the interpretative and epistemic pathologies and injustices associated with the legal processing of migrants’ claims for asylum. Going beyond discourse ethics, which mainly highlights procedural violations of legislative and judicial deliberation, it trains our gaze on the institutional biases that lead migrants to be misrecognized or under-recognized as credible witnesses to their own refugee status. (shrink)

Internal protection alternative (further—IPA) as the element of refugee definition is interpreted very differently in the practice of the State Parties to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (further—Geneva Convention). Thus it is important to regulate this concept clearly in the EC directive 2004/83/EB (further—Qualification directive) and its coming amendments. The definition of the IPA concept does not contain adequate criteria for assessing the level and effectiveness of protection required, in line (...) with the Geneva Convention and the ECHR, thus allowing Member States to reject claims and return applicants to their country of origin despite the lack of effective protection. Moreover, this concept is defined in a broad and vague manner which creates a risk of diverse recognition practices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Refugees of a Crisis in ReferenceHolocaust Memoir and the Deconstruction of Paul de ManPatrick Lawrence (bio)Since discovery of Paul de Man’s wartime journalism, the debate over perceived ethical deficiencies in the philosophies of postmodernism in general, and deconstruction in particular, has intensified. At times more or less vitriolic or persuasive, this debate has brought about a crisis of scholarship to accompany the crisis of reference that is one of (...) its central points.1 At the horizon of the discussion is the Holocaust and its potential to reform modes of representation. As Jeremy Varon notes in his essay “Probing the Limits of the Politics of Representation”:the premises and insights of a variety of discourses, notably postructuralism [sic], deconstruction, psychoanalysis in its newer versions, metahistory, and postmodern theory in general, have at once been applied to and checked against the Holocaust. Such discourses often approach the Holocaust as a kind of limit case that tests the strengths and weaknesses of their various interpretive strategies.(Varon 84)It seems natural because of its (perhaps incomprehensible) magnitude and significance that the Holocaust should occasion self-testing and soul searching on the part of a variety of discourses, notably those that already inclined to such activities.2 Because of its status as at once radically historical and radically ahistorical (in that its import for history cannot be denied, but that the scope of its horror may transform notions of historicity), the Holocaust calls for a reassessment of all aesthetic, poetic, and theoretical paradigms. In the context of such novel and difficult historicity, the problematization of reference that de Manian deconstruction occasions takes on new and complex implications that need particular attention. This is especially important because, like American deconstruction, artistic representations of the Holocaust also assert a new, problematic relationship with their referent.My intention is not to delve into this debate exhaustively. Rather, I attempt an understanding of the problems of some specific critical-theoretical tenets proposed by Paul de Man as they interact with Holocaust memoirs. Doing so may be a way to understand the larger issue by exploring its expression in a narrow vein: that of literature. Holocaust memoirs as a group have been read as making new claims about their relation to a particular referent—about the inability of fully representing the Holocaust in existing modes—but they also make simultaneous claims about the utter necessity of attempting to do so. It will be helpful to see how this revolution of the relationship of [End Page 17] writing to its referent is perhaps at odds with that other similar revolution, that of deconstruction. I also attempt to put this potential conflict into a frame that may elucidate the reasons for their disconnect, using Lyotard’s well-known attempt at establishing an order of postmodern ethics: The Differend, as well as approaches to trauma and memory suggested by Derrida.My aim here is also not to delve into judgments of guilt or innocence with respect to de Man himself and his activities during World War II. I instead venture into the ways, both positive and negative, but inherently problematic, that his writings come into contact with an event recognized by many as a limit event, one that demands recognition of its historicity, even as it engenders a body of literature that expresses the difficulty of understanding the event itself.There is much in de Man’s writings that forces us to consider the restraints and potential of the means of construction of written texts. Exploring this can lead toward a better understanding of the way that individual texts create and manipulate meaning. To this end, much can be gained from de Manian criticism that makes apparent the contradictory tendency of linguistic constructions to indicate something outside themselves (their referential potential), even while their structures and conventions cast in doubt the reality of this “something.” One makes use of this discourse, not in the hopes of destroying the privilege of referentiality that underlies the structures of testimony, victimization, and trauma, but in the hopes of finding a way for the discourse of memoir (and autobiography) to be reconciled with the discourse of deconstruction in such a way that... (shrink)

The current study examined how ingroup and outgroup Theory of Mind predicts children’s and adolescents’ reasoning for their acceptability judgments of intergroup bullying of Syrian refugee peers and group support of intergroup bullying. Participants included 587 Turkish middle and high school students. Participants read a bias-based bullying story with a Syrian refugee peer targeted by an ingroup Turkish peer. Then, participants rated the acceptability of bullying and group support of bullying and were presented with a reasoning question after (...) each acceptability question. Reasoning codes included Fairness, Refugee Status/War, Prejudice and Discrimination, Harm, Prescriptive Norms, Group Functioning, and Relationship with the Bully. Participants’ ingroup and outgroup ToM abilities were evaluated as predictors of reasoning. Results documented that middle school students were more likely to attribute mental states to their ingroup members compared to outgroup members while high school students’ ToM performance did not differ across contexts. Further, the more unacceptable participants judged bullying to be, the more they reasoned about the bullying by referencing fairness, refugee status, discrimination, and harm. Results also documented that ingroup and outgroup ToM were positively related to attribution to fairness and participants’ usage of multiple reasoning judgments while only outgroup ToM was a significant predictor of reasoning around refugee status/war, discrimination, and prejudice. The findings provide implications for intervention programs that tackle intergroup bullying by examining bystanders’ social cognitive skills in a specific context. (shrink)

The Dayton General Framework Agreement for Peace of late 1995 brought a ceasefire and an end to the killings in Bosnia. More than 11 years after its signing, some of Dayton’s outlined aims for Bosnia remain unfulfilled or realized with mixed results. Late in 2005, on the occasion of the 10th anniversary of Dayton, leading world political figures raved about the successes of Dayton, but the immediate calls for the reform of Constitution included in the Dayton agreement, which followed the (...) praise, are perhaps a better indicator of the Agreement’s shortfalls in transitioning the Bosnian society from war to peace and subsequently creating a functioning state since its signing. The outlined aims of Dayton were undoubtedly ambitious. This article will examine the successes and failures of Dayton, within the framework of its own aims and jurisdiction – which themselves, in the process, evolved and changed – to protect human rights with respect to the freedom of movement, the return of refugees, and the war crime indictments. (shrink)

À partir d’une recherche sociologique portant sur la quête de travail des réfugiés dits « reconnus » en France et en Bulgarie, cet article se propose d’ouvrir le chantier de l’étude de la dimension genrée de leur rapport au travail. Les femmes et les hommes réfugiés devenus ouvriers vivent généralement cette nouvelle condition comme un déclassement social et professionnel, sous le mode de la perte de statut et de la fragilisation identitaire, ce qui amplifie l’expérience, propre à l’exil, des ruptures (...) avec le monde habituel. Nous examinons comment ces ruptures peuvent s’accompagner de différents types de transformation de l’identification genrée (de la déstabilisation au renforcement des stéréotypes « virils » ou « féminins »), et comment les normes de genre peuvent offrir différentes ressources, et rendre possibles différentes stratégies, pour faire avec une nouvelle condition généralement considérée comme peu enviable. (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)

Malaysia hosts a significant number of refugees, asylum-seekers and migrant workers. Healthcare access for these individuals has always proved a challenge: language barriers, financial constraints and mobility restrictions are some of the frequently cited hurdles. The COVID-19 pandemic has exacerbated these existing inequalities, with migrants and refugees bearing the brunt of chronic systemic injustices. Providing equitable healthcare access for all, regardless of their citizenship and social status remains an ethical challenge for healthcare providers, particularly within the framework of a (...) resource-limited healthcare system. Inclusive healthcare and socio-economic policies are necessary to ensure every individual’s equal opportunity to attain good health. The collective experiences of refugees and migrants in the pursuit of healthcare, as highlighted by the two cases described, showcases the importance of equity in healthcare access and the detrimental implications of non-inclusive healthcare and socio-economic policies. (shrink)

Despite the proliferation of specialised agencies designed to reduce the prevalence of refugees worldwide, the number of individuals fleeing persecution is increasing year on year as endemic violence in countries such as Iraq, Somalia and the Syrian Arab Republic continues. As a result, media broadcasts and political dialogues are saturated with discussions about these “persons of concern”. Fundamental questions nonetheless remain unanswered about what meaning these actors attribute to the label ‘refugee’ and what intent, other than paucity of knowledge, (...) might be driving the term’s use or manipulation. Though this is evidently important in the public arena, where incorrect conflations fuel mistrust and misunderstandings, the ramifications of these divergent understandings at the level of multi-lateral politics have yet to be critically explored. This article applies Barthes’ theory of the multiple orders of the sign to address this. Using the case study of the negotiations preceding the invocation of the Cessation Clause for Rwandan refugees, it illustrates how the word refugee is susceptible to numerous, simultaneous understandings, and discusses the implications of these manifold interpretations for how durable solutions are envisaged and negotiated in the refugee regime. In the case of Rwandan refugees in Uganda, this has meant that over a decade of stalemated discussions between the Governments of Uganda and Rwanda and the United Nations High Commissioner for Refugees over their future have been broken by a series of bilateral concessions that, whilst diminishing the political significance attached to this protracted caseload, have failed to address the continuing precarity of their situation. By conceptualising the word refugee as a sign according to the Saussurean model of semiotics, this paper therefore argues that despite the term’s established legal-normative definition, its inherent malleability makes it susceptible to processes of political instrumentalisation. This elevates the refugee as a rhetorical figure above the refugee as a physical-legal body entitled to certain forms of assistance. (shrink)

Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all (...) who are unable to meet their basic needs on their own as ‘refugees’, and to extend to them the sorts of protections established under the United Nations Refugee Convention. Such an approach would expand the traditional refugee definition significantly. Unlike most academic commentators discussing this issue, I reject calls for an expanded refugee definition, and instead defend the core elements of the definition set out in the 1967 Protocol to the United Nations Refugee Convention. Using the tools of moral and political philosophy, I explain in this article how the group picked out by this definition has particular characteristics that make refugee protection distinctly appropriate for it. While many people in need of assistance can be helped ‘in place’, in their home countries, or by providing a form of temporary protected status to them, this is not so, I show, of convention refugees. The group picked out by the UN refugee definition is a normatively distinct group to whom we owe particular duties, duties we can only meet by granting them refuge in a safe country. Additionally, there are further practical reasons why a broader refugee definition may lead to problems. Finally, I argue that rejecting the call for a broader definition of refugees will better help us meet our duties to those in need than would an expanded definition. (shrink)

Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, "Who Are Refugees?", I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who (...) can only be helped by granting them refuge in a safe state for an indefinite period of time, and argued that this does not include most people fleeing from natural disasters. This claim is most strongly challenged by possibility of displacement from climate change. In this paper I will explore to what degree the logic of the refugee convention, as set out in my earlier paper, can and should be extended to those fleeing the results of climate change, and will argue that the logic of the refugee convention tells in favor of extending refugee protection to a portion of those who must flee their homes because of climate-change related environmental problems. (shrink)

Moral status ascribes equal obligations and rights to individuals on the basis of membership in a protected group. Substance change is an event that results in the origin or cessation of individuals who may be members of groups with equal moral status. In this paper, two substance changes that affect the moral status of human embryos are identified. The first substance change begins with fertilization and ends with the formation of the blastocyst, a biological individual with (...) moral status comparable to that ascribed to human organs. The second substance change begins at implantation and ends late in embryological development with the formation of the human body, an organism with moral status as a human being. The bioethical implications of each substance change are explored. The Two Substance Change theory is contrasted with continuity theories, which recognize no substance change in embryological development and with fertilization-only substance change theories. (shrink)

As the war in Syria and the destruction of the Calais camp in France in 2016 bitterly demonstrate, declarations of human rights and asylum devolve into empty promises without a common sense of solidarity and an implicit understanding that we share responsibility for the world and one another. Today’s refugee crisis demonstrates that many of the problems that Hannah Arendt identified during the first half of the twentieth century are still with us. National security and the state of exception (...) increasingly place refugees and migrants at the borders of international law. This article argues that Immanuel Kant’s Perpetual Peace and Arendt’s postwar reflections on the stateless as modern pariahs continue to frame current debates on hospitality, human rights, and responsibility. Without a recognition of our common humanity and shared world, sovereign states will continue to find exceptions to the legal status of refugees and migrants, thus enabling their exclusion from political life and the very laws that should protect them. Falling outside human rights law and the rights of refugees leads to the uncertainty of the pariah. (shrink)

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)

In the literature on refugeehood in political theory, there has been a recent turn towards what have been called “state system legitimacy” views. These views derive an account of states’ obligations to refugees from a broader picture of the conditions for international legitimacy. This paper seeks to develop the state system legitimacy view of refugeehood by subjecting the most developed version of it—the account developed by David Owen—to critical scrutiny. We diagnose an ambiguity in Owen’s theory of refugeehood, in the (...) concept of political membership, and unpack the implications of this ambiguity for state system legitimacy views. First, we reconstruct the key aspects of Owen’s account of refugeehood and show how it represents an advance over competing theories. Then we discuss the methodological underpinnings of Owen’s account, showing the constraints and opportunities faced by state system legitimacy views. Next, we raise some problems for the conceptual distinctions that Owen develops between different types of refugee protection: asylum, sanctuary, and refuge. The underlying feature that leads to these problems is an ambiguity in the concept of political membership, which is at the core of Owen’s view of refugeehood. Finally, we distinguish two interpretations of political membership in the institution of refugeehood and chart out some possible ways forward for state system legitimacy views. The critique developed here is a sympathetic one, aimed at the further development of state system legitimacy views. (shrink)

The notion of refugees as a viable source of labor to address skill shortages in the destination country’s labor market has rarely been the dominant discourse on refugee entrants. Bella’s1 lived experience as a professional woman who arrived as a Syrian conflict refugee to Australia in 2017 presents an outlier in refugee research and challenges conventional scholarly wisdom and public discourse. A combination of human capital, a purposeful use of networks, supported by her desire for recognition and (...) a deep sense of self-worth allowed her to navigate the formalized and structured Australian business landscape. Accordingly, she was able to overcome the stigma of being a refugee: Less worthy of employment status in a position representative of her overseas skills and qualifications. In drawing on an outlier methodology and critical theory, we develop a more nuanced understanding of the agency of skilled and qualified refugee women drawing attention to lessons for business which typically takes a “one size fits all” approach to labor integration. (shrink)

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)

Bosnian refugee women adapted more quickly than their male partners to their host environments in Vienna and New York City because of their self-understanding and their traditional roles and social positions in the former Yugoslavia. Refugee women's integration into host societies has to be understood through their specific historical experiences. Bosnian women in exile today continue to be influenced by traditional role models that were prevalent in the former Yugoslavia's 20th-century patriarchal society. Family, rather than self-fulfillment through wage (...) labor and emancipation, is the center of life for Bosnian women. In their new environment, Bosnian refugee women are pushed into the labor market and work in low-skill and low-paying jobs. Their participation in the labor market, however, is not increasing their emancipation in part because they maintain their traditional understanding of zena (women) in the patriarchal culture. While Bosnian women's participation in low-skill labor appeared to be individual families’ decisions more in New York City than in Vienna, in the latter almost all Bosnian refugee women in my sample began to work in the black labor market because of restrictive employment policies. In contrast to men, women were relatively nonselective and willing to take any available job. Men, it seems, did not adapt as quickly as women to restrictions in the labor market and their loss of social status in both host societies. Despite their efforts, middle-class families in New York City and Vienna experienced substantial downward mobility in their new settings. Women's economic and social downward mobility in (re)settlement, however, did not significantly change the self-understanding of Bosnian women. Their families’ future and advancements socially and economically, rather than the women's own independence and emancipation remained the most important aspect of their being. (shrink)

Smoking consequences are seen disproportionately among low-SES smokers. We examine the self-regulatory strategy of mental contrasting with implementation intentions as a smoking reduction tool and whether its effectiveness depends on subjective-SES. This pre-registered online experiment comprised a pre-screening, baseline survey, and follow-up. Participants reported past-week smoking, subjective-SES, perceived stress, and were randomized to an active control or MCII condition. Data were collected via MTurk, during the U.S.’ initial wave of COVID-19. Participants were moderate-to-heavy smokers open to reducing or quitting. The (...) primary outcome was self-reported smoking reduction, computed as the difference between recent smoking at baseline and follow-up. The secondary outcome was cessation, operationalized as self-reported 7-day point-prevalence abstinence at follow-up. Among those low—but not high—in subjective-SES, MCII improved smoking reduction by an average of 1.09 fewer cigarettes smoked per day, though this effect was not conclusive. Similarly, quitting was descriptively more likely for those in the MCII than control condition, but the effect was non-significant. Per an exploratory analysis, we observed that stress significantly moderated the condition effect, such that MCII facilitated reduction among those experiencing high, but not low stress. Consistent with prior findings that MCII works best in vulnerable populations, MCII may be more effective for smoking reduction among high-stress than low-stress individuals. These findings contribute to growing research on income-related health disparities and smoking behavior change tools. (shrink)

Literature on the ethics of researching refugees, both as participants and partners, presents strong arguments for why anonymity is the safer option in the event of questionable consent. However, blanket anonymity, without asking refugee interviewees if they wish to be anonymous, may cause more harm than good in certain contexts. One such context which this article will explore is the context of Israel, where a working Refugee Status Determination (RSD) system has yet to be established. This case (...) study highlights that, even in extreme circumstances where identity exposure can create risks, there may be a case for allowing identity exposure and perhaps an obligation on the part of the researcher to publish a name if this is the strong wish of the interviewee. This article builds on literature addressing confidentiality of identities (Duvell et al., 2010; Giordano et al., 2007; Kelly, 2009; Lahman et al., 2011; Lee, 1993; Mackenzie et al., 2007; Pittaway et al., 2010) and literature addressing informed consent (Hugman et al., 2011; Mackenzie et al., 2007; Pittaway et al., 2010; Zion et al., 2010). Primary sources demonstrating the use of waiving anonymity were collected between 2007 and 2012. Data were collected from refugee and activist civil society publications, television and newspaper media reports, participatory observation in the Israeli Knesset, and in-depth interviews with refugees and asylum seekers from South Sudan, Sudan, DR Congo, Liberia and Eritrea living in Tel Aviv, Jerusalem and Eilat. (shrink)

Temporariness has become the norm in contemporary refugee protection. Many refugees face extended periods of time waiting for permanent status, either in camps or living among citizens in their state of asylum. Whilst this practice of keeping refugees waiting is of benefit to states, I argue that not only is it harmful to refugees but it also constitutes an injustice. First, I outline the prevalence of temporary assistance in the refugee protection regime. Second, I outline the orthodox (...) view on temporary refugee protection – it is acceptable as long as it is not indefinite. I then spend the remainder of the article considering four arguments against temporary refugee protection: the plan argument, the reciprocity argument, the domination argument, and the compounding injustice argument. I contend that the first two arguments, which already feature in the literature, merely show that temporary protection is harmful to refugees. My own arguments on domination and compounding injustice show, instead, that giving refugees temporary protection constitutes an injustice. The domination argument allows us to critique the current practice of temporary refugee protection, whereas the compounding injustice argument shows that temporariness in any form constitutes an injustice. (shrink)

This volume offers an English translation of John of St. Thomas's Cursus theologicus I, question I, disputation 2. In this particular text, the Dominican master raises questions concerning the scientific status and nature of theology. At issue, here, are a number of factors: namely, Christianity's continual coming to terms with the "Third Entry" of Aristotelian thought into Western Christian intellectual culture - specifically the Aristotelian notion of 'science' and sacra doctrina's satisfaction of those requirements - the Thomistic-commentary tradition, and (...) the larger backdrop of the Iberian Peninsula's flourishing "Second Scholasticism." In this latter context, John of St. Thomas applies the theological principles of Thomas Aquinas to the Scholastic disputes preoccupying Thomist, Franciscan, and Jesuit theologians, such as Cajetan, Bañez, Luis de Molina, Vazquez, Suárez - to name only a few - in a tour de force of theological thinking throughout the entire period of Scholasticism. In the process - and not insignificantly - the status quaestionis of theology's scientific character is clearly framed and answered according to John's satisfaction. Key to John of St. Thomas's resolution of the question is his understanding of the continuity of the power of human reason with the super-intelligibility of divine revelation spelled out in terms of what he calls "virtual revelation." This text presented in this volume is a quintessential example of the deep and abiding harmony that flourished between faith and reason as well as grace and nature within the golden era of Baroque Scholasticism. (shrink)

THERE IS A RELATIVE DEARTH OF THEOLOGICAL CONTRIBUTION TO PRESENT-day discussion about the status of territorial borders. Secularist discourse tends to divide between "partialists" and "impartialists." Partialists work with an ideal of states as distinct cultural communities, which justifies priority for the interests of citizens over refugees. Impartialists work with an ideal of states as cosmopolitan agents, which takes into account equally the interests of citizens and refugees. The aim of this essay is to show how selected biblical texts (...) help to rethink these categories and offer different, theologically informed ways of construing the meaning of borders. The need for an "ethic of answerability" is established and initial suggestions are given as to how this approach might be developed. (shrink)

In the current framework of international protection, refugees almost invariably live in states where they hold no formal political status: they cannot vote, they cannot run for office, and they mu...

ABSTRACTThe German state permitted about one million refugees to enter Germany in 2015–2016, although many were subsequently denied refugee status. Germany adopted an ‘integration’ and ‘welcome’ politics, an important, if imperfect, model for a European refugee policy. The integration of refugees required the joint activity of state, of civil society, of the public sphere and of refugees themselves. Civil society initiated a vast amount of essential care work and solidarity with refugees pursued especially, but not only, by (...) women, yet civil society and refugees had no say in refugee policies. German refugee policy and practice raised many normative issues, producing an intense and vigorous national debate about them, in which philosophers and theorists were active. Among the questions debated were whether Germany had accepted ‘too many’ refugees, the acceptability of the costs of the policy, the risks of harm to the least well off, the purported risks to safety, security and the social order and the purported threats to German culture. I first describe German state policies, practices and civil society efforts and then turn to normative debates. I discuss the limits of the German discourse and suggest how it needs to be expanded. (shrink)

The tradable refugee quota scheme constitutes one proposal for institutionalising the general right to asylum. The scheme allows states to purchase and sell quotas of refugees that are initially assigned to them through a collectivised status-determination process. In this paper I focus on examining the ethical dimensions of one particular component of the tradable refugee quota scheme: the market. I consider three objections against the quota trading practices: ‘the preference objection’, ‘the dignity objection’, and ‘the exploitation objection’. (...) The first objection suggests that the tradable quota scheme is problematic due to the fact that it fails to consider refugees’ desires regarding the final country in which asylum is provided. The second objection claims that the scheme demeans refugees and violates their dignity. The final objection claims that the scheme leads to the exploitation of weak countries. I argue that the objections fail to show that the tradable quota scheme is inherently problematic. I conclude that either the examined objections can be rejected or it is possible to address the concerns through specific institutional arrangements. (shrink)

‘Framing the Refugee’ looks at the power of representation of liberal political theory with regard to refugees. In the author’s view, legal and political arbitrariness lies in the representing of refugees as lacking agency. His key point is that liberalism fails to conceive of refugees as politically capable actors, and he is thus complicit in the arbitrary neutralisation of their emancipatory potential and participatory powers. This paper emphasises the moral justifiability of that state of affairs by seeking some answers (...) to the question of why liberal political theory construes a concept of the refugee that does not contain any element of political agency. Most obviously, the author acknowledges that refugees perform a significant social role in contemporary societies and are hence active members in them. Nonetheless, they remain neglected in their political role by most political theory. What does it mean to have political agency for the author? It means to have the power of self-representation, that is, of being allowed and even enabled by a given legal system to bring about change in the political order, or at least to participate in that change. But the author also calls attention to the role of ‘theory’ in addressing this downside of the contemporary liberal democratic order. Theory becomes even more crucial at times of urgency, that is, when theorists have a moral responsibility to deepen their philosophical imagination, as Hannah Arendt so forcefully noted. The theoretical task of ‘re-framing’ the refugee entails reconfiguring political philosophy and its traditional categories of sovereignty, citizenship and nationality. The liberal inability to accommodate the political agency of many members of the political community – especially of non-nationals – is a sign of the historical contingency of the current rules of political membership. This inability makes evident the imperative of rethinking politics in ways that avoid the arbitrariness of treatment and aim instead at equality and justice. If political leaders can re-write the rules of membership to suit their own ideological agendas, the same demand should be addressed by – indeed demanded from – political and legal theorists. However, this is not as easy as it seems, according to the author. In his view, political theory is confronted with fundamental challenges, the most obvious one being that ‘theory’ is usually unequipped to defeat its own ‘topology’. Note that in saying this the author is raising a more pressing concern about arbitrary law-making: it may be that arbitrariness – especially the arbitrary treatment of aliens by the sovereign state and by liberal democracies in particular – is inscribed in the very DNA of liberalism. No matter how odd this may seem, the author advances the view that ideas, however creative of a new order, or transformative of a given status quo, never appear in "free form", and are instead deeply rooted in a structure that constrains our imagination. The challenge is thus to develop a meta-theory that reconceptualises the very way liberal political theory frames marginalised sectors of society – such as the "poor" – as a product of an international economic order that robs those sectors of their agency as the very condition of its internal functioning. We must therefore question how the very idea of the refugee is produced, because it symbolises the construction of an inside and an outside that is complicit with the arbitrary play of legal statuses involved in migration policy. The author’s main point regarding this is that certain groups are sidelined by economic, political and social systems because they are already excluded from theoretical systems to start with. Keywords: refugees, agency, political theory, migration. (shrink)

This paper claims that Bauman’s personal experiences deeply shaped his work. In the first part, I draw upon my own research, combining archive documents and interviews data, as well as – for the very first time – details taken from Zygmunt Bauman’s own unpublished autobiography, accessed courtesy of the Zygmunt and Janina Bauman Archive project at the University of Leeds. The second part of the paper draws upon my wider ethnographical study into the lived experiences of asylum seekers, conducted between (...) 2017 and 2019 in Southern Europe. I focus here upon their experience of escape and their present life conditions in order to highlight important parallels with Bauman’s own experiences as a refugee. The conclusion draws both cases together in order to understand a less overt aspect of Bauman’s sociology and to claim that the term ‘migrant’ is both discriminatory and, in academic terms, incorrect. I argue that this diagnosis is reinforced further by the voices of intellectuals who themselves experienced the status of refugees: namely, Zygmunt Bauman and Hannah Arendt. (shrink)

Argues that it is not only a point of literal construction, but also inherent in the object and purpose of the 1951 Refugee Convention, that displaced stateless persons unable to return to their countries of former habitual residence may be eligible for refugee status even if unpersecuted. 'Unable to return' as it occurs in the clause following the semi-colon of 1(A)2 of the 1951 Refugee Convention must be understood as a term of art subject to appropriate (...) canons of construction in its own right. Its construal must therefore be more restrictive than many commentators have suggested, though not so strict as to preclude all but persecuted persons. Then argues that, as a case study, those who are displaced from their island nations because those nations have submerged beneath the sea will count as 'unable to return' in the relevant sense, and so will qualify for Convention refugee status, if they count as lacking a nationality, i.e. as stateless. (shrink)

The purpose of this study is to deconstruct the language used in President Trump’s Facebook posts while on the campaign trail, and the subsequent comments which reiterate and reify this rhetoric, to understand how Syrian refugees are labeled as a dangerous population unworthy of asylum. By utilizing the theoretical groundwork of Foucault, Agamben, and Mbembe, this qualitative content analysis will explore how Syrian refugees, as depicted by Facebook comments, represent a “disposable population.” We conclude that by reducing Syrian refugees to (...) a sub-human status and representing them as the dangerous and unworthy other, both President Trump who initiated this rhetoric, and those who responded in a way which legitimized his views, effectively labeled Syrian refugees as a dangerous population unworthy of asylum within the USA. (shrink)

ABSTRACT The current study is a qualitative investigation aimed at exploring the lived experiences of Tibetan youth who had escaped to India as unaccompanied minors and since then have been living as refugees in India without their parents. The study attempts to explore the challenges, struggles and coping of this unique population of youth refugees growing up in exile in India without the support of parents. Ten Tibetan refugee youth now studying at university level were interviewed in depth. Interpretative (...) phenomenological analysis was used to analyse their narratives. Major findings included the unique sociocultural, political and emotional challenges they faced related to acclimatisation, status of their own political identity, difficulties pertaining to retaining their Tibetan culture in a host country, and loneliness. Their adaptation in the host country was perceived to be facilitated by their unique Buddhist spiritual and cultural beliefs, strong faith in the Dalai Lama, community bonding and peer support and the use of social media to communicate with family in Tibet. The Tibetan refugee youth derived a sense of growth from their adversities related to appreciating the value of family, personal growth in the form of self-reliance, and finding meaning in life by feeling part of a larger purpose related to the Tibetan cause. Implications for practice: The study highlights the unique psychosocial issues of Tibetan refugee youth in exile in India. Culturally sensitive psychosocial support and an understanding of traditional spiritual and religious coping mechanisms may be integrated into health services for the Tibetan refugees who lack family support and may not be familiar with the Western constructs of mental health. (shrink)

As a white, Western-educated man, undertaking research in Kakuma refugee camp, Kenya, I encountered ethical dilemmas related to my privileged racial and gender status. These include power imbalance...

Among the thousands who arrive in Europe to seek asylum each year, a significant number are children traveling on their own. Like adults, they are fleeing from war and armed conflict situations, persecution, severe poverty, and deprivation. Some arrive because they have been trafficked and some are fleeing for reasons specifically related to their status as children. They need special attention, not only in terms of specialized care and assistance, but also in terms of the refugee status (...) determination procedure. When they arrive in a country of asylum they risk further violations of their rights. This paper intends to outline the rignts of these children under international law; to highlight key protection concerns facing them, particularly in the European context; to summarize ways of how a UN/ngo program has attempted to address these problems; and to make some specific recommendations. (shrink)

Turkey hosts the world’s largest community of Syrians displaced by the ongoing armed conflict. The object of this article is to explore the damaging effects of a hostile legal context on female Syrian refugees in Turkey. I base my analysis on scholarship that theorises immigration legislation as a system of legal violence and I argue that the Temporary Protection Regulation and the Law on Foreigners and International Protection that govern the legal status of refugees in Turkey inflict legal violence (...) on Syrian female refugees. This legislation keeps them in the regime of temporary protection and prevents their access to international protection. The temporary protection regime serves furthermore as the main determinant for other forms of legal violence inflicted by various actors. I explore the effects of the Turkish government’s inaction in terms of preventing and sanctioning the abuse of Syrian female refugees as unpaid sex and household workers. I show that the extended legal limbo on the conditions of employment of Syrian refugees secures female Syrians as the most precarious workforce for Turkey’s various sectors. Finally I claim that the forced confinement of Syrian beggars in refugee camps is instrumentalised for their disciplinary regulation. (shrink)

Since the Moroccan invasion in 1975, official reports on visits to Sahrawi refugee camps by international aid agencies and faith-based groups consistently reflect an overwhelming impression of gender equality in Sahrawi society. As a result, the space of the Sahrawi refugee camps in Algeria and, by external association, Sahrawi society and Western Sahara as a nation-in-exile is constructed as ‘ideal’ (Fiddian-Qasmiyeh, 2010, p. 67). I suggest that the ‘feminist nationalism’ of the Sahrawi nation-in-exile is one that is employed (...) strategically by internal representatives of the Popular Front for the Liberation of Saguia el-Hamra and Río de Oro (POLISARIO), the Sahrawi Arab Democratic Republic (SADR) and the National Union of Sahrawi Women (NUSW), and by external actors from international aid agencies and also the colonial Moroccan state. The international attention paid to the active role of certain women in Sahrawi refugee camps makes ‘Other’ Sahrawi invisible, such as children, young women, mothers, men, people of lower socio-economic statuses, (‘liberated’) slave classes and refugees who are not of Sahrawi background. According to Elena Fiddian-Qasmiyeh (ibid.), it also creates a discourse of ‘good’, ‘ideal’ refugees who are reluctant to complain, in contrast to ‘Other refugees’. This feminisation allows the international community not to take the Sahrawi call for independence seriously and reproduces the myth of Sahrawi refugees as naturally non-violent (read feminine) and therefore ‘ideal’. The myth of non-violence accompanied by claims of Sahrawi secularity is also used to distance Western Sahara from ‘African’, ‘Arab’ and ‘Islamic’, to reaffirm racialised and gendered discourses that associate Islam with terrorism and situate both in the Arab/muslim East. These binaries make invisible the violence that Sahrawis experience as a result of the gendered constructions of both internal and external actors, and silence voices of dissent and frustration with the more than forty years of waiting to return home. (shrink)