It is often claimed that states enjoy, as a consequence of their sovereign status, the right to control the passage of outsiders through their territory and that they have a discretion to admit or to refuse to admit outsiders, whether those outsiders be tourists, business travelers, would-be economic migrants, or even refugees. Or, to be more exact, such limitations on that right to control are derived from the agreement of states to treaties and conventions, agreement which they could (...) have withheld and could yet revoke. As a statement of the legal position this is not completely uncontroversial,1 but my aim in this paper is not to make a contribution to international law or law at all. Rather, my concern is with political philosophy and with the issue of whether.. (shrink)

This essay aims to bring to light the distinctive features of Fichte's construal of cosmopolitan right in the Foundations of Natural Right—in comparison to Kant's—in the light of the current philosophical debate on migration and global justice. The paper is articulated in three steps. First, it analyzes the addressees and content of Fichte's cosmopolitan right by emphasizing its limited scope: by focusing on those individuals who do not come “from any state,” Fichte's discussion of cosmopolitan right (...) foreruns Arendt's philosophical theorization of statelessness and the “right to have rights.” Second, it considers Fichte's justification of cosmopolitan right—and its compatibility with his justification of private property rights—by stressing its ontological anchoring in the notions of “absolute will,” “personhood,” and “original right.” Finally, the essay considers the systematic position of cosmopolitan right with regard to the “right of nations” and the “right of a state” in Fichte's doctrine of right by giving special attention to the range of reasons that, according to Fichte, can legitimate the rejection of a stranger. (shrink)

In December 2007 it was revealed that the British government is considering the exclusion of certain groups of migrants—those considered to be present “illegally”—from primary health care provided by the National Health Service. At present, practitioners have discretion to accept any individual for NHS treatment regardless of their status. A joint Home Office and Department of Health review is examining this access for foreign nationals, and the likely outcome is the restriction of access to irregular migrants, which would, according to (...) the Institute of Public Policy Research, affect around 390,000 people. In 2004 such groups were excluded from NHS secondary care, most controversially from treatment for HIV, and so the present proposal would bar them from all but emergency health treatment. (shrink)

The philosophical debate on the freedom of movement focuses almost exclusively on long-term migration, what I call, migration as settlement. The normative justifications defending border controls assume that the movement of people across political borders, independent of its purpose and the length of stay, refers to migration as settlement. “Global mobility,” “international movement,” and “immigration” are oftenused interchangeably. However, global mobility also refers to the movements of people across international borders for a short length of time such as travel, short-term (...) and circular migration. While most scholarly attention has focused on long-term migration, the vast majority of cross-border movement of people (approximately 85% of all cross-border movements in 2019) is short-term. The existing literature offers normative arguments for border controls, which are grounded on states’ right to self-determination, the freedom of (dis)association, the welfare state, the duty to compatriots, and brain drain. In this paper, I argue that these arguments do not justify excluding travelers, short-term and circular migrants from the territory. (shrink)

This paper makes the case for amnesty of irregular migrants by reflecting on the conditions under which a wrong that is done in the past can be considered superseded. It explores the relation between historical injustice and irregular migration and suggests that we should hold states to the same stringent standards of compliance with just norms that they apply to the assessment of the moral conduct of individual migrants. It concludes that those standards ought to orient migrants and citizens’ moral (...) assessment of how their states handle questions of irregular migration and to inform political initiatives compatible with these moral assessments. (shrink)

This paper argues that neither a general right to exclude migrants nor a general right to migrate freely exists. The extent of the right to exclude or the right to migrate freely must instead, in the majority of cases, be determined indirectly by examining whether a given immigration law or policy would result in the violation of migrants right to exclude migrants is constrained by what the author calls the indirect principle of freedom (...) of migration. Under this principle, if an immigration law or policy cannot be imposed without violating a migrant's basic rights, then the law or policy cannot be legitimately implemented. The argument for this principle is undertaken both conceptually and substantively. It is then defended against the objections that on the one hand, it may not have enough critical force, and on the other, it may be overly restrictive of states’ power to exclude migrants. (shrink)

This chapter sides with those who believe that a right to stay should be counted among fundamental human rights. However, it also acknowledges that there are good reasons for objecting to the most popular justifications of the right to stay, which are based on the assumption that people have valuable ties to their community of residence and that people’s life plans are located where they live. In response to these qualms, this chapter argues that the best way to (...) make sense of the right to stay is to conceive it as belonging to the category of “control rights”; these are the rights that protect people’s control over their own bodies and personal space, which is an essential condition for personhood and human dignity. This account of the right to stay can overcome the most pressing objections to its recognition as a fundamental human right. (shrink)

Gillian Brock’s compelling and richly textured new book aims to set out a human-rights-based framework for thinking about justice in migration. There is much to celebrate in these chapters, not least Brock’s masterful effort at weaving together her basic justificatory framework with real-world political concerns. In this article, I query the focus she places on self-determination in setting out the basic normative argument elaborated in Chapters 2, 3, and 9. In particular, I will wonder whether she gives the collective self-determination (...) of a people anything more than instrumental value, and so whether she is able to distance herself from so-called proponents of “open borders”. (shrink)

It is widely believed that there’s a right to emigrate. But what justifies this right? This paper explores this issue. It first argues that existing defenses of the right to emigrate are incomplete. It then outlines a novel egalitarian defense of the right to emigrate, on which that right is in part justified as a protection against social inequality. After considering objections, it argues that this account of the right to emigrate entails a limited (...) right to immigrate and that states are under a collective duty to institute a global migration system which protects effective exit. (shrink)

Compulsory (health) service contracts have recently received considerable attention in the normative literature. The service contracts are considered and offered as a permissible and liberal alternative to emigration restrictions if individuals relinquish their right to exit via contract in exchange for the state‐funded tertiary education. To that end, the recent normative literature on the service programmes has particularly focused on discussing the circumstances or conditions in which the contracts should be signed, so that they are morally binding on the (...) part of the skilled workers. However, little attention is devoted to the relevance of the right to exit for the debate on compulsory service programmes. In this paper, I argue that even if the service contracts are voluntary, and thus the would‐be medical students voluntarily relinquish their right to exit, the reasons behind the right should be taken into account for the contracts to be morally valid. A clear understanding of the right to exit is a must in order not to breach its basic components and for the service contracts to be morally binding. To that end, I provide two accounts of the reasons to value the right to exit by presenting Patti Lenard's discussion of the right to exit and by reconstructing James Griffin's account of human rights. I conclude by offering brief ethical considerations for compulsory health service programmes grounded in the reasons to value the right to exit. (shrink)

States claim the right to choose who can come to their country. They put up barriers and expose migrants to deadly journeys. Those who survive are labelled ‘illegal’ and find themselves vulnerable and unrepresented. The international state system advantages the lucky few born in rich countries and locks others into poor and often repressive ones. In this book, Christopher Bertram skilfully weaves a lucid exposition of the debates in political philosophy with original insights to argue that migration controls must (...) be justifiable to everyone, including would-be and actual immigrants. Until justice prevails, states have no credible right to exclude and no-one is obliged to obey their immigration rules. Bertram’s analysis powerfully cuts through the fog of political rhetoric that obscures this controversial topic. It will be essential reading for anyone interested in the politics and ethics of migration. (shrink)

It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend (...) to result either in fairly strong cases for open borders or in denials that considerations of justice apply to immigration at all, which results in state discretion positions. This state of debate is both theoretically unsatisfactory and normatively implausible. The paper therefore explores an alternative approach to the right to exclude immigrants from the perspective of recent debates about the territorial rights of states. The right to exclude claimed by states is analysed and it is shown to differ both conceptually and normatively from rights to impose political authority within a territory. The paper finally indicates how this analysis might broaden the focus of debates about immigration and suggest alternative regimes of migration regulation the possibility of which is obscured by traditional justice approaches. (shrink)

This article examines whether restrictions on access to welfare rights for EU immigrants are justifiable on grounds of reciprocity. Recently political theorists have supported some robust restricti...

Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question.

This article offers a critical analysis of Blake’s ‘jurisdictional theory’ of the border control and, especially, its state-based methodology. It then draws on this analysis to discuss the merits of analysing global migration through the lens of ‘the right to exclude’. Blake’s theory demands serious attention in light of its promise to combine a normative account of exclusion with an uncontroversial descriptive account of the state. Despite its initial appeal, however, the theory is shown to face serious problems. First, (...) its central normative principle turns out to be able to yield an account of justified exclusion only at the cost of departing from the theory’s purported emphasis on the state. Second, and more importantly, its state-based methodology is shown to be unable to generate a convincing account of the legitimacy of border control, as opposed to the justice of exclusion. It is argued that this point is relevant for the analytical debate on immigration and borders more generally, in light of institutional phenomena that characterise the contemporary practice of border control. In this context, an excessive focus on the right to exclude can work to mask significant exercises of state power. (shrink)

This article questions the use of immigration as a tool to counter global poverty. It argues that poor people have a human right to stay in their home state, which entitles them to receive development assistance without the necessity of migrating abroad. The article thus rejects a popular view in the philosophical literature on immigration which holds that rich states are free to choose between assisting poor people in their home states and admitting them as immigrants when fulfilling duties (...) to assist the global poor. Since the human right to stay is entailed by values that feature prominently in the philosophical debate on immigration, the article further contends that participants in that debate have particular reason to reject the popular ‘choice view’ and endorse the alternative position presented in the article. (shrink)

In dialogue with the political philosophy of Hannah Arendt and Seyla Benhabib the author draws on the idea of a right to have rights and raises the question under which political conditions asylum can be a subjective right for political refugees. He argues that mere spontaneous acts of humanitarianism will not suffice to define the institutional commitments of liberal democracies in refugee policy. At the same time, no duty for any particular state to take up refugees can be (...) derived from a right to have rights. The quest for institutional solutions for a timely migration and asylum policy will rather enhance the discourses on the self-understanding of liberal democracies. With a critical eye on German asylum legislation and legal practice, the author contends that it will be a task of any co-ordinated European right of asylum to define political persecution in relation to the first dimension of human rights in order to differentiate the right of asylum from immigration legislation. (shrink)

Doctors, nurses and midwifes from developing countries migrate to affluent countries in large numbers, often leaving behind severely understaffed healthcare systems. One way to limit this ‘brain drain’ is to restrict the freedom of movement of healthcare workers. Yet this seems to give rise to a conflict of human rights: on the one hand rights to freedom of movement, on the other hand rights to health. By motivating its own account of human rights, this paper argues that the conflict (...) is not as acute as it seems, since rights to freedom of movement are in fact more limited than often acknowledged. Weak restrictions of the freedom to leave and strong restrictions of the freedom to enter are in principle compatible with the rights of healthcare workers. Hence, policies that involve restrictions of both kinds can be justified in order to secure the human right to health. (shrink)

There is a global shortage of nurses that affects healthcare delivery, which will be exacerbated with the increasing demand for healthcare professionals by the aging population. The growing shortage requires an ethical exploration on the issue of nurse migration. In this article, we discuss how migration respects the autonomy of nurses, increases cultural diversity, and leads to improved patient satisfaction and health outcomes. We also discuss the potential for negative impacts on public health infrastructures, lack of respect for cultural diversity, (...) and ethical concerns related to autonomy and justice, including coercion and discrimination. This analysis is written from a rights-based ethics approach by referring to rights held by nurses and patient populations. Nurse migration highlights conflicts between nurses and between nurses and healthcare systems. Increased awareness of ethical challenges surrounding nurse migration must be addressed to enhance the well-being of nurses and patient populations. (shrink)

This paper looks at a recent challenge to the liberal inclusivist view that everyone on the state’s territory should have a path to citizenship. Economists have argued that giving immigrants an inferior legal status would persuade wealthy countries to admit more, with beneficial consequences for global justice. Whilst this trade-off might seem appealing from the impersonal perspective of the policymaker it generates incoherence from the perpective of the collective of democratic citizens, since it requires them to treat their own unjust (...) attitudes as an objective constraint. The paper also rejects the idea that a voluntary choice to migrate can be taken as consent to an inferior status. (shrink)

In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...) requirements of liberal justice, mere capacity to assist, as well as past or foreseeable contribution to harm. The chapter therefore explores the possibility of an international migration regime that takes human rights seriously whilst avoiding the twin pitfalls of strict immigration restrictions and the complete liberalization of immigration. (shrink)

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)

There is an ongoing debate on the migration of doctors, especially psychiatrists, from developing countries. It is argued that these countries, which are already running short of psychiatrists, will further be jeopardised and their health systems will collapse if this migration and subsequent recruitment continue. In this paper the author presents a personal view of the ethics and human rights of this matter. He emphasises the importance of migration of doctors in view of the current situation in developing countries and (...) advises that the Commonwealth Code be followed to address the problem of the shortage of psychiatrists in developing countries and psychiatrists’ basic right to avail themselves of the opportunities in the developed world. (shrink)

In 1538–39 Francisco de Vitoria delivered two relections:De IndisandDe iure belli.This article distills from these writings the topic of free trade as a “human right” in accordance withius gentiumor the “law of peoples.” The right to free trade is rooted in a more fundamental right to communication and association. The rights to travel, to dwell, and to migrate precede the right to trade, which is also closely connected to the rights to preach, to protect converts, (...) and to constitute Christian princes. This has significant repercussions on the field of business ethics: the right to free trade is ultimately founded directly on natural law and indirectly on divine law; trade is not independent of ethics; and trade is presented as an opportunity to develop the virtues of justice and friendship, among other repercussions. Vitoria is portrayed as a defender of private initiative and free markets. (shrink)

When the brothers Hakob, 13, and Hasmik, 14, had lived in Sweden for 5 years, their applications for residence were rejected, and they were to be deported to Armenia (Dagens Nyheter March 8, 2007,...

El derecho a migrar, como el derecho a la salud del migrante, se encuentran reconocidos en la Ley de Migraciones Nro. 25871/2003 de Argentina. Dicha ley constituye un avance legislativo en derechos humanos; resultado de un largo proceso constituyente, deliberativo, que dio lugar a un modelo inclusivo de migración sin precedentes internacionales en su momento. Sin embargo, recientemente asistimos a un giro en políticas migratorias (DNU 70/2017). Como consecuencia, se produce un retroceso en derechos sociales y políticos. En lo que (...) hace al derecho a la salud, la instauración de políticas neoconservadoras (Cobertura Universal de la Salud –CUS-) impulsó leyes provinciales (Ley 6119/2019) destinadas a exigir seguros pagos de salud para migrantes, contrarios a nuestra constitución. El objetivo del presente trabajo es analizar las raíces de éstos cambios en las normativas citadas sobre migraciones y salud; aplicando un marco de justicia social que nos permita comprender, críticamente, cómo la bifurcación de políticas distributivas y de reconocimiento en las mismas legislaciones habilitó el desarrollo de políticas neoconservadoras impuestas a través de decretos autoritarios; cuyas consecuencias trascienden la esfera de los migrantes, haciendo peligrar al mismo sistema de salud argentino como bien público. (shrink)

Two important recent books on migration and justice argue for different approaches to how we should view borders. Alex Sager defends open borders, while Sarah Song argues for the rights of democratic communities to find their own balance between open and closed borders. While both authors present significant considerations in defence of their views, in this article I argue that a human-rights-oriented account of migration justice captures their strengths well while not sharing the weaknesses I identify with each. In addition, (...) the approach I favour offers some progressive pathways for holding each other to account in reducing migration injustice in our actual world, in ways that are both feasible and normatively compelling. (shrink)

This article examines the theoretical pathways connecting Benhabib’s thoughts on ethical normativity, human rights, legality, democracy, liberalism, pluralism, and the tragedy of the political. It endorses Benhabib’s dialectical treatment of these paradoxical political tropes but notes a possible unresolved tension in her discussion of the ambiguous moral and legal nature of human rights. I propose a pluralist approach to the moral grounding of legal human rights that might be at odds with Benhabib’s approach.

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)

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)

This article critically discusses the role and place of migrants’ rights in the EU’s evolving migration and development policy under the Global Approach to Migration and Mobility pursued by the EU.1 The GAMM, which aims to govern migration flows from outside of the EU more effectively, incorporates the field of migration and development as one of four pillars. Only in November of 2011, however, the human rights of migrants were explicitly acknowledged as a cross-cutting theme within the GAMM, which before (...) paid little attention – not to say neglected – the protection of such rights. This contribution analyses how the linkage between migration and development evolved on the international and European level, highlights the EU’s interests in such a policy, and explains the pitfalls of disregarding the protection of migrants’ rights in this context. The article argues that the ‘development burden’ should not be placed on immigrant populations without guaranteeing their secure legal status in the host countries. (shrink)

In this paper, I argue that taking basic human rights seriously—and the basic right to subsistence in particular—requires acknowledging that, given certain conditions, people in need have a right of necessity to take, use and/or occupy the property of others in order to get out of their plight. I explore the implications of this for the phenomenon of illegalized migration for subsistence reasons, and suggest that receiving countries ought not to deny entry to these migrants. On the contrary, (...) those seeking to enter should be morally permitted to do it. The reason is that, just as basic rights should serve as internal limits to any minimally reasonable system of property rights, so should they serve as limits to any minimally reasonable system of territorial rights. After developing this idea, I address some objections to the principle and its application, and conclude by pointing to the immediate, mediate and final duties that this principle gives rise to. (shrink)

Freedom as non-domination provides a distinctive criterion for assessing the justifiability of migration controls, different from both freedom of movement and autonomy. Migration controls are dominating insofar as they threaten to coerce potential migrants. Both the general right of states to control migration, and the wide range of discretionary procedures prevalent in migration controls, render outsiders vulnerable to arbitrary power. While the extent and intensity of domination varies, it is sufficient under contemporary conditions of globalization to warrant limits on (...) states’ discretion with respect to admission. Reducing domination requires, rather than removing all immigration restrictions or democratically justifying them to all, that there be certain constraints on states’ freedom to control migration: giving migrants a publicly secured status somewhat analogous to that enjoyed by citizens, subjecting migration controls to higher legal regulation, and making immigration policies and decision contestable by those who are subject to them. (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)

A collection of articles on the the principles of social justice from an Australian Catholic perspective. Contents: Forward (Archbishop Philip Wilson), Introduction (James Franklin), The right to life (James Franklin), The right to serve and worship God in public and private (John Sharpe), The right to religious formation (Richard Rymarz), The right to personal liberty under just law (Michael Casey), The right to equal protection of just law regardless of sex, nationality, colour or creed (Sam (...) Gregg), The right to freedom of expression (Damian Grace), The right to choose and freely maintain a state of life, married or single, lay or religious (Marita Winters), The right to education (Anthony Cleary), The right to petition government for the redress of grievances (Paul Russell), The right to a nationality (Andrew Hamilton), The right to have access to the means of livelihood, by migration when necessary (Brenda Hubber), The right of association and peaceful assembly (Michael Hogan), The right to work and choose one's occupation (Ian Blandthorn), The right to personal ownership, use and disposal of property subject to the right of others (Brian Coman), The right to a living wage (Garrick Small), The right to collective bargaining (Keith Harvey), The right to associate by industries and professions to obtain economic justice (Henrik Jurisevic), The right to assistance from society, if necessary from the State, in distress of persons and family (Catherine Althaus), Afterword (James Franklin). (shrink)

: When health care workers migrate from poor countries to rich countries, they are exercising an important human right and helping rich countries fulfill obligations of social justice. They are also, however, creating problems of social justice in the countries they leave. Solving these problems requires balancing social needs against individual rights and studying the relationship of social justice to international justice.

Written by an international team of leading political and legal theory scholars whose writings have contributed to shaping the field, Migration in Political Theory presents seminal new work on the ethics of movement and membership. The volume addresses challenging and under-researched themes on the subject of migration, and debates the question of whether we ought to recognize a human right to immigrate, and whether it might be legitimate to restrict emigration. The authors critically examine criteria for selecting would-be migrants, (...) and for acquiring citizenship, as well as the tensions between the claims of immigrants and existing residents, and tackle questions of migrant worker exploitation and responsibility for refugees. All of the chapters illustrate the importance of drawing on the tools of political theory to clarifying, criticize and challenge the current terms of the migration debate. (shrink)

The author offers a conceptual investigation of the tension between openness and protection in well-developed welfare states. Because of a combination of demographic tendencies and labor market shortages, a growing number of European welfare states is currently exploring market-led immigration policies. However, the level of protection these welfare states offer seems hard to reconcile with the low threshold markets that are needed to incorporate newcomers. The author argues that the “solution”lies not so much in a clear political choice for either (...) but rather in the coordinated institutionalization of differentiated citizenship rights. The author illustrates this case with examples taken from the Dutch context, claiming further that the particular combination of corporatist welfare arrangements and the tradition of lenient enforcement in the Netherlands provides a “natural”habitat for the kind of regime pluralism that differentiated citizenship requires. (shrink)