Asylum seekers, by their very circumstances, test our common assumptions and practice in relation to human rights. The treatment of asylum seekers in many European countries has become harsher, more restrictive and less tolerant in recent years, raising questions about the violation of their rights. The article examines the bases of the rights that asylum seekers do have and whether these are best supported as human rights or more limited rights that attach to the place of their (...) temporary residence and to obligations made by their country of temporary residence. Given the propensity of receiving countries to afford increasingly limited rights, the article identifies a limited set of rights that should take priority in a hierarchy of rights and which might claim widespread acceptance as those which asylum seekers must enjoy. (shrink)

ABSTRACT In reference to the article by Hanan Alexander ‘Education in nonviolence’, the text takes up the issue of reading Emmanuel Levinas’s Talmudic texts for the philosophy of education. It intends to positively answer the question about the value and potential of such inspiration, focusing on concepts from two of Levinas’s Talmudic readings. The first part of the text is devoted to the characteristics of the intellectual output of the thinker. The second part analyses and discusses Alexander’s commentary on one (...) of Levinas’s Talmudic readings, ‘Toward the Other’. Alexander aims to show the specificity of the idea of education in nonviolence, heavily indebted to the Jewish tradition and thought. The third part of the text is an extension of Alexander’s comment, focuses on another Talmudic reading by Levinas, ‘Cities of Refuge’, and aims to outline the philosophical underpinnings of the idea of the pedagogy of asylum. (shrink)

Background: Privacy has been recognized as a basic human right and a part of quality of care. However, little is known about the privacy of Somali asylum seekers in healthcare, even though they are one of the largest asylum seeker groups in the world. Objectives: The aim of the study was to describe the content and importance of privacy and its importance in healthcare from the perspective of Somali asylum seekers. Research design: The data of this explorative (...) qualitative study were collected by four focus group interviews with 18 Somali asylum seekers with the help of an interpreter. The data were analysed by inductive content analysis. Ethical considerations: Research permissions were obtained from the director of the reception centre and from the Department of Social Services. Ethical approval was obtained from the Ethics Committee of Turku University. Findings: The content of privacy includes visual privacy, physical privacy and informational privacy. All contents can be shared with healthcare professionals. The importance of privacy includes respect, dignity and freedom. Discussion: Privacy is strongly connected to the collectivism of Somali culture and religion. Unlike the Western cultures, privacy is not important only for the individual; most of all, it is seen to support collectivism. Conclusion: Even though all contents of privacy can be shared with healthcare professionals, it is important to recognize the cultural aspect of privacy especially when using interpreters with Somali background. (shrink)

A credible fear test is an in-depth interview process given to undocumented people of any age arriving at a U.S. port of entry to determine qualification for asylum-seeking. Credible fear tests as a typical immigration procedure demonstrate not only what structural epistemic violence looks like but also how this violence lives in and through the design of asylum policy. Key terms of credible fear tests such as “significant possibility,” “evidence,” “consistency,” and “credibility” can never be neutral in the (...) context of colonial administrative violence. We argue that these terms function as mechanisms of exclusion and demonstrate that the capacity to be violent (i.e. to be an instrument of violence) is built into these tests, ready to be deployed when an administration wants to stop certain people from certain places from entering without regard to their own ongoing occupation of Indigenous lands. Not only are such practices instruments of violence, but the concept of ‘violence’ continues to be organized, defined, and conceived within settler colonial epistemologies so as to exclude these administrative forms of violence deployed against Indigenous peoples and people of color from recognition and nameability. We argue that this is an intentional strategy of colonial power preservation that is functionalized through social processes that remain structurally stable and self-regenerating across historical and political changes. (shrink)

The asylum system faces problems on two fronts. States undermine it with populist politics, and migrants use it to satisfy their migration preferences. To address these problems, asylum services should be commodified. States should be able to pay other states to provide determination and protection-elsewhere. In this article, I aim to identify a way of implementing this idea that is both feasible and desirable. First, I sketch a policy proposal for a commodification of asylum services. Then, I (...) argue that this policy proposal is not only compatible with the right to asylum, but also supported by moral considerations. Despite some undesirable moral features, a market in asylum facilitates the provision of asylum to those who need it. (shrink)

Asylum is a contentious public and political issue and people seeking asylum are often targets of fear and hostility. This article presents an ethical challenge to churches aiming to support asylum seekers in the UK. Through an exploration of two contrasting strands in the biblical tradition relating to the ‘stranger’—one rooted in an ‘ecology of fear’ and another rooted in an ‘ecology of faith’—it argues that as well as practising positive encounters with newcomers, Christians need to understand (...) and engage with public hostility. (shrink)

To mark International Women’s Day the Research Group for Law, Gender and Sexuality at Westminster Law School held an evening conversation on 10 March 2016 on Women and Asylum. Speakers working in different areas of the asylum system shared their insights and experiences with an audience of staff, students, activists and other visitors. Harriet Samuels chaired the conversation and the speakers were Princess Chine Onyeukwu, Debora Singer, Priya Solanki and Zoe Harper. This article is an edited extract from (...) the transcript of the presentations and wide-ranging discussion, including the question and answer session. The discussion focused on the different steps in the refugee determination process and considered, in particular, the gendering of credibility and how women’s perceived lack of credibility has a significant impact on determinations and processes. (shrink)

Despite marked improvements in rights for LGBTQ persons around the world, significant problems remain.  In many countries, LGBTQ persons face significant discrimination, lack of protection from harm by non-state actors, and persecution from their own governments. This article examines when and why protection under the UN Refugee Convention should be granted to those seeking asylum or refugee status because of maltreatment related to their LGBTQ status. To this end, Part II shows how LGBTQ asylum seekers straightforwardly fit into (...) the definition of a “refugee” set out in the UN Refugee Convention. Subsequent Parts address how to overcome some potential complications arising out of the sorts of harms faced by LGBTQ applicants without significant modifications to the standard refugee definition.  The article then turns to two further areas of practical difficulty for LGBTQ asylum seekers and suggest approaches and reforms to deal with these problems. The first issue involves the interaction between considerations around the family and refugee and asylum law. While the legal protections of the rights of LGBTQ families have improved in many countries, difficulties remain, and even in cases where these rights have been granted by a state, there are often special difficulties faced by LGBTQ asylum seekers.  The article therefore proposes and justifies certain reforms in this area. Finally, the article address questions and concerns about the type of evidence that may be demanded by those adjudicating asylum and refugee cases involving LGBTQ applicants. (shrink)

The ethical and political discourse about asylum-seeking is often dominated by two fundamental questions: Firstly, should all humans have a human right to asylum? Secondly, are the duties corresponding with this claim even fulfillable for a state? From an ethical perspective, attempts to answer these questions by searching for an ethical justification of a human right to asylum respectively of corresponding state responsibilities could rely on the model of ethical decision-making SAMBA. The Ethics-SAMBA, which aims to provide (...) concrete guidance for ethical decision-making with ease and argumentative elegance in four steps, is applied and results in an ethical justification based on the principle of vulnerability for the human right to asylum. Beyond that, it shows why the duties corresponding with the human right to asylum for a state need to be fulfilled – even if they are demanding and challenging. Finally, it presents some ethical arguments why the distinction between humans fleeing, seeking asylum, and humans migrating as well as borders per se are arbitrary and feudal, and this ethical analysis results in concrete proposals for concrete appropriate action. (shrink)

Why are human rights abuses of refugees at the EU’s geographical periphery tolerated by other EU states? This chapter uses the case of Hungary and Germany to explore how the former abolished the institution of asylum, shedding light on the human rights abuses of refugees, and why states such as the latter seem to condone such actions. It argues that core EU member states condone human rights abuses at the geographical periphery of the EU as long as they contribute (...) to keeping refugees from accessing their territory. If the ‘dirty work’ is being done by others, the moral self-portrait of a generous refugee-receiving state remains, on the surface, untarnished. The chapter aims at disenchanting this image. (shrink)

After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the (...) international community. The currently valid Asylum Act regulates the international protection of aliens in the Slovak Republic, by defining the conditions and procedures related to granting asylum and provision of subsidiary protection and temporary shelter. The Asylum Act also covers the rights and obligations of different categories of persons, stay in asylum facilities and, partially, the integration of persons that are granted asylum. This article describes and analyses the development of the Slovak asylum legal framework and the concept of asylum policy. Furthermore, it looks at different protection statuses granted to foreigners and finally deals with the refugee migration trends in the Slovak Republic. (shrink)

Although the Refugee Convention 1951 generally provided that contracting states should recognise those who came within its definition as refugees, it did not prescribe how contracting states should determine this in order to enable them to balance this obligation with their national interests. However, evidence from the background and drafting of the Refugee Convention 1951 suggests that the provisions that a contracting states would implement in order to protect its interests would be commensurate with the human rights spirit of the (...) treaty. This implied that contracting states would act fairly in balancing the competing interests in devising status determination policies and would take into account decent considerations. But, from a theoretical viewpoint, it is arguable that some recent asylum determination policies have been based on the threats posed by asylum seekers. Asylum seekers have come to be blamed for contributing to the national issues that some contracting states face and as such, some contracting states have adopted draconian measures as a result. (shrink)

Taking the contemporary definition for ‘refugee’ by the UN High Commission for Refugees as a starting point, this article examines the law on refugee asylum in Deut. 23:16-17 for parallel points and concerns, in order to gain insight into the ethics that have driven its composition. This law is commonly included in discussions on slavery due to the use of עֶ֫בֶד, but the identification of this ‘slave’ as a foreign refugee seeking asylum in Israel has not been adequately (...) noted. Examining the law under this identification sheds light on refugee experience and Deuteronomy’s ethical stance on refugee asylum. (shrink)

This volume is based on the 2004 series of the Oxford Amnesty Lectures, one of the world's leading name lecture series. In it major figures in philosophy, political science, law, psychoanalysis, sociology, and literature address the challenges that displacement, asylum, and migration pose to our notions of human rights.

This article explores how US legal expansions narrow justice possibilities. Drawing from Joan Scott's work on experience, echo and reverberation, the article puts forth a method for reading the convergence of historical absences within legal subjectivity. In particular, it traces the denial of one Nigerian woman's US political asylum claim within the context of US handlings of Nigerian human rights cases focused on petroleum violence alongside the expansion of political asylum to include gender and sexual violence. The article (...) accounts for the production of gender within a larger context of colonial state violence and questions how gender becomes a viable legal category through a variety of violent histories that implicate the US. By reframing questions of feminist justice within the site of law, the article argues for a deeper engagement with discontinuous narratives, which read against our common sense understandings, as a first step in divesting in US legal privilege. (shrink)

This research note argues that political theorists of refuge ought to consider the experiences of refugees after they have received asylum in the Global North. Currently, much of the literature concerning the duties of states towards refugees implicitly adopts a blanket approach, rather than considering how varied identities may affect the remedies available to displaced people. Given the prevalence of racism, xenophobia, and homophobia in the Global North, and the growing norm of dissident persecution in foreign territory, protection is (...) not guaranteed after either territorial or legal admission. This research note considers the case of LGBTQ refugees in order to demonstrate the analytical potential of more inclusive and diverse normative approaches. Taking the origin and extension of harm seriously requires a conceptualization of sanctuary after asylum that accurately reflects the experiences of the displaced. In doing so, questions arise regarding the nature and efficacy of territorial asylum. (shrink)

Should rejected asylum seekers stay? Leila Hadj Abdou and Eszter Kollar argue that they should. This response examines their argument about the moral dilemma of whether rejected asylum seekers who have developed social membership ties should be allowed to stay. While acknowledging that deportation of socially integrated individuals is morally problematic, I argue that allowing rejected asylum seekers to remain poses a greater threat to the asylum system itself. Drawing on Homer’s metaphor of choosing between Scylla (...) and Charybdis, I contend this represents a choice between two unequal evils. States admit refugees for political and strategic reasons—to support allies, undermine rivals, and maintain opposition movements. If rejected asylum seekers can stay regardless of their claims’ validity, states lose motivation to admit refugees altogether. This would result in either harsh detention conditions preventing social integration or complete externalisation of asylum procedures, ultimately destroying the entire system and harming all potential refugees. (shrink)

Asylum seekers are often not welcome when they ask for international protection, in particular, if the countries they turn to are rich and the asylum seekers destitute. States are reluctant to shoulder the additional burden. Does that reluctance affect the respect due under an embedded norm declaring that human dignity is inviolable? Is showing less respect to asylum seekers legitimate? My contribution deals with that question from the perspective of law and the perspective of state-led welfare. In (...) Germany, the constitutional right to respect of human dignity implicates the individual right to be granted a subsistence minimum, irrespective of nationality. Is there a similar right at the level of the European Union? My contribution explores the role of human dignity in European politics (focusing on politics during and in wake of the refugee crisis 2015/16), European law (focusing on the directives regarding the reception of asylum seekers), and European adjudication (focusing on pertinent case law of the European Court of Justice and the European Court of Human Rights). Based on an analysis of policy documents, the legal histories of relevant directives and case law, I argue that, at the Union level, human dignity is at best at the periphery of values that actors have in mind when they define or grant a subsistence minimum to asylum seekers. However, I also argue that there are arguments that could move ‘dignity’ to the center of political and legal debates. (shrink)

Asylum legal aid lawyers are under continuous public scrutiny. On the one hand, these lawyers are portrayed as being solely motivated by profit. On the other hand, they are depicted as leftist activists frustrating the legal system. When assisting their asylum seeking clients under the state's legal aid scheme, lawyers need to balance the client's interest, the public interest in the administration of justice and their own interest in profit or survival. The current book examines this balancing act (...) and explores the role of the institutional context. It does so by studying the decision making of asylum legal aid lawyers in the Netherlands and England in respect of two ethical issues: 'time vs. money' and 'hopeless cases'. This empirical research into lawyers' professional ethics in practice will appeal to scholars engaged in lawyers' ethics, policy makers and those involved in the regulation of the legal profession. Dissertation. [Subject: Politics, Human Rights Law, International Law]. (shrink)

Hannah Arendt argued that refugees pose a major problem for liberalism. Most liberal theorists endorse the idea of human rights. At the same time, liberalism takes the existence of sovereign states for granted. When large numbers of people petition a liberal state for asylum, Arendt argued, these two commitments will come into conflict. An unwavering respect for human rights would mean that no refugee is ever turned away. Being sovereign, however, allows states to control their borders. States supposedly committed (...) to human rights will thus often violate the rights of refugees by denying them entry. I attempt to defend liberalism from Arendt’s criticism by outlining a rights-based model of asylum that is enforceable by sovereign states. This approach avoids the question of what border-enforcement measures, if any, are defensible at the level of ideal justice, and instead seeks to outline a framework of refugee rights that can be realized in a world in which migration controls are a fact of life. Central to my argument is a distinction between the place where a person is recognized as a rights-bearing agent and the potentially different place where he or she exercises those rights. (shrink)

We are, as of May 2019, witnessing yet another “caravan” of people fleeing violence in Latin America, bonding together to reach the territory of safer states in the North. Similarly, in the fall of 2015, Europe experienced the movement of many refugees fleeing war, persecution, and grave human rights violations in Syria. These new waves of people on the move have raised anew important questions about asylum and refuge: who should be able to claim asylum? Should the fear (...) of persecution be sufficient, or do asylum seekers need to show that they have actually suffered it? And maybe most controversially, how should asylum‐granting states respond to the plight of those asking for asylum on their territory?The moral principles guiding asylum and refuge are different from the rules usually regulating immigration, which are based on the principle of territorial sovereignty that allows nation‐states to discriminate and select among those who hope to immigrate. Asylum and refuge instead call upon nation‐states to provide refugees with a new home, protect human rights, and over time, provide access to the social, political and civic rights that characterize membership. Included in the list of human rights, I will argue, is the provision of the means for individual physical and psychological well‐being. (shrink)

Asylum seekers are rarely treated with respect. This is perhaps especially true of institutions that adjudicate the extension of refugee status. In asylum interviews, those seeking refuge are sometimes asked to reveal deeply upsetting stories of their persecution while facing hostility and distrust from their interviewers. I argue that this arises from a failure to properly balance respect with fairness. A maximally fair scheme may not promote respect because ‘fairness-first’ systems require extensive information to make their judgements. A (...) maximally respectful system might be unfair: without any questioning, some may free-ride on the trust of others. This article argues that we often place too much emphasis on fairness to the detriment of respect, with a particular focus on the asylum interview. First, I outline the limited discussion of asylum interviews in political philosophy. Second, I consider striking a ‘dynamic balance’ between fairness and respect, as set out by Jonathan Wolff. Third, I argue that a highly idealised version of contemporary asylum interviews puts fairness first at the cost of respect. This fairness-first model leads to respect deficits in how asylum seekers are treated. Finally, I consider what a respectful asylum determination system might look like, offering three possible routes: civility, humility, and abolition. (shrink)

In the following paper, Annemiek Richters of the University of Leiden in the Netherlands addresses the dilemmas faced by health professionals who are asked to evaluate and provide supporting documentation for those refugees who seek political asylum in the countries of Europe. It is in the politically charged arena of asylum applications, government regulations, and public policy where bioethics, human rights, and health converge. Despite the 1951 Convention on Refugees, a treaty signed by nations around the world to (...) safeguard the rights of those who are displaced, and other treaties that protect the rights of vulnerable populations, refugee and asylum policies have become increasingly strict in an effort to deter those who would seek safety. This tightening of borders in the countries of the West challenges physicians who find themselves caught between obligations to treat, to advocate, and to challenge policies that make treatment a potentially dangerous proposition. Unfortunately, the World Trade Center attacks have exacerbated the problem by labeling asylees and refugees as potential terrorists and subject to deportation. (shrink)

The gradual development of European Union (EU) immigration and asylum law has been characterized by two related, ongoing tensions: the conflict between EU competence in this field and national sovereignty, and the friction between immigration control and the protection of human rights. The EU's approach to resolving the two key tensions in this area are assessed by examining the four key subjects addressed by immigration law: visas and border controls, irregular migration, legal migration, and asylum. The European Union (...) has been more active in the fields of visas and border controls than in any other area of immigration and asylum law owing to the early development of a legal framework, originally in the form of the Schengen Convention. As for irregular migration, the European Union's initial piecemeal approach has been supplemented by the adoption of the fairly comprehensive Returns Directive. (shrink)

In February 2016 a twelve-month-old asylum seeker, who came to be know as Baby Asha, was transferred from Nauru and hospitalized in Brisbane. This case came to public attention after Doctors refused to discharge Asha as she would have been returned to detention on Nauru. What in other circumstances would have been considered routine clinical care, quickly turned into an act of civil disobedience. This paper will discuss the ethical aspects of this case, along with its implications for clinicians (...) and the broader healthcare community. (shrink)

The aim of this paper is twofold: first, it seeks to provide a better understanding of lawyers’ ethics in practice in the field of publicly funded asylum law. It does so by examining Dutch asylum legal aid lawyers’ moral reasoning in respect of the ethically challenging issue of ‘the hopeless case’, employing a version of Christine Parker’s four approaches to moral reasoning in legal practice: adversarial advocacy, responsible lawyering, moral activism and relational lawyering. Second, it aims to demonstrate (...) the applicability of Parker’s taxonomy, developed in a common law country (Australia), to a civil law country (The Netherlands). This paper shows, in line with what Parker argued, that lawyers may apply a combination of approaches – different ethical considerations carry different in weight in different circumstances. It provides illustrations of situations in which approaches coexist and compete and the circumstances in which one prevails over the other in the area under review. (shrink)

Corrupt political institutions, lack of resources, and gang violence in Central America fuel the influx of asylum-seeking women and children to the United States. Yet, immigrant women and children are still at risk for poor health and violence in the US due to the lack of protection and support. Through a case study of a teenage girl from Honduras living in the US who was murdered by her ex-boyfriend who followed her to the US, we elucidate ways in which (...) the US and Honduras have violated the rights of women and children. As background, we describe the context of US foreign policy towards immigration and the market for illicit drugs; and, in Honduras, the lack of appropriate healthcare, education, and legal protections. We identify human rights–based solutions to protect the rights of women and children and provide recommendations for improvement for the US government and organizations in Honduras. (shrink)

In 2012 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i. e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia and Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification and procedural problems in LGBT cases. (...) Criminalisation, state protection against non-state persecution, concealment of sexual or gender identity, internal protection were discussed in the previous article ‘The Refugee Qualification Problems in LGBT Asylum Cases’ by Laurynas Biekša2. In this article the authors aim to describe the main procedural problems in LGBT asylum cases (i. e., credibility assessment, late disclosure, country of origin information and reception) and propose their solutions. Guiding European and international standards are laid down in the Reception Directive3, Qualification Directive4, Procedures Directive5 and UNHCR Guidance Note6. Today these standards should serve as a starting point for identifying the problems LGBT asylum seekers may have during their asylum procedures and for finding possible solutions. (shrink)

Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that (...) are not, at least at first glance, clearly political. Additionally, the reasons why gangs target particular individuals often do not obviously fit into one of the traditional protected grounds. If applicants fleeing gang activity are to successfully apply for asylum they will have to overcome these apparent difficulties. In this paper, a contribution to the University of Memphis Law Review Spring Symposium on immigration reform, I break down gang-related asylum claims into three main categories and show how at least some cases in each category fit within the area set out for protection by asylum and refugee law. I briefly discuss a conceptual framework which explains how some gang-related cases should be seen as falling in the area that asylum law seeks to protect (thereby providing a concrete example of the sort of protection that I claim in my dissertation refugee law is meant to provide) and give advice to practitioners about how to formulate meritorious claims. (shrink)

Asylum law functions through a dichotomy between an idealized notion of Europe as a site characterized by human rights, and non-European countries as sites of oppression. In most social sciences and humanities literature, this dichotomy is seen as legitimizing European dominance and exclusion of non-Europeans. However, it is the same dichotomy which is used by asylum seekers to claim inclusion through the grant of asylum. Focusing on the inclusive potential of this exclusive dichotomy allows us to explore (...) the ambiguities inherent in the dichotomy. In asylum claims based on persecution on account of gender and sexuality, it becomes evident that not all human rights are considered equally fundamental. In many cases, asylum seekers are required to renounce human rights in order to prevent persecution, for example by complying with patriarchal family norms. Even where this requirement is rejected, asylum law illustrates the ambiguous relation between Europe and human rights. (shrink)

This paper examines how accounting can both entrench and challenge an inhumane and costly neoliberal policy—namely, the Australian government’s offshore detention of asylum seekers. Drawing on Bruff, Rethinking Marxism 26:113–129 (2014) and Smith, Competition & Change 23:192–217 (2019), we acknowledge that the neoliberalism underpinning immigration policies and the practices related to asylum seekers takes an _authoritarian_ tone. Through the securitisation and militarisation of the border, the Australian state politicises and silences marginalised social groups such as asylum-seekers. Studies (...) have exposed accounting as a technology that upholds neoliberalism by representing policy as objective and factual. Curiously, there has been a wilful intention by successive Australian governments to silence the accounting for offshore detention. We seek to demystify this _un_accounting and _un_accountability by exploring counter-accounts produced by meso-level organisations that support asylum seekers. We apply a close-reading method in analysing limited governmental accounts and various counter-accounts to demonstrate how counter-accounts give visibility to practices that an authoritarian neoliberal regime has obfuscated. We also reflect on the potential for counter-accounting to foster broader social change by holding the Australian government accountable to moral and ethical standards of care for human life. This paper considers the intersections between accounting and authoritarian neoliberalism and presents counter-accounts as mechanisms that can challenge these neoliberal norms. (shrink)

Australia has one of the harshest regimes for the processing of asylum seekers, people who have applied for refugee status but are still awaiting an answer. It has received sharp rebuke for its policies from international human rights bodies but continues to exercise its resolve to protect its borders from those seeking protection. One means of doing so is the detention of asylum seekers who arrive in Australia by boat. Health care providers who care for asylum seekers (...) in these conditions experience a conflict of “dual loyalty,” whereby their role in preserving and maintaining the health of patients can run counter to their employment in detention facilities. Many psychiatrists who have worked in the detention setting engage in forms of political activism in order to change the process of seeking refuge. (shrink)

ABSTRACT This paper is a case study in public health ethics. It considers whether there is a basis in ethics for political action by health professionals and their associations in response to inhumane treatment. The issue arises from Australia's treatment of asylum seekers and the charge that this treatment has been both immoral and inhumane. This judgement raises several questions of broader significance in bioethics and of significance to the emerging field of public health ethics. These questions relate to (...) the role of health professionals in response to inhumane treatment of people in their charge; to the discipline of public health in light of a growing recognition of its ethical basis; and the role of public health and bioethical associations in response to ethical issues arising in a political context. It is argued that, in serious cases of humanitarian and human rights abuses affecting health and well‐being, there is a case for political action by health professionals, academic and professional institutions, and associations of public health and ethics. (shrink)

Within the recent glut of philosophical work on hope, relatively little attention has been devoted to the circumstantial conditions that frustrate or accommodate hoping. In this article, I show how an individual’s spatial environment can constrain their capacity to sustain determinate hopes for the future via an extended case study: long-term refugee detention. Taking seriously refugees’ claims that a central cause of widespread hopelessness is the feeling of being in limbo, and drawing on recent work on the role of the (...) imagination in hoping, I demonstrate how an individual’s spatial environment can limit imaginative access to the interim steps between their present circumstances and a desired future, making it difficult to see any way their hope could be realized. (shrink)

This paper explores ethical questions arising from the work of health practitioners in immigration detention centres in Australia. It raises questions about the roles of professional disciplines and the ways in which they confront dual loyalty issues. The exploration is guided by interviews conducted with health professionals who have worked in asylum seeker detention and an examination of the outsider advocacy role undertaken by the social work profession. The paper discusses the stance taken by individuals and professional associations on (...) participation in controlled settings, including as participant, bystander and advocate, and asks when the provision of care becomes collusion with oppression. (shrink)

Journal of Social Philosophy, EarlyView.

Australia's policy of mandatory indefinite detention of those seeking asylum and arriving without valid documents has led to terrible human rights abuses and cumulative deterioration in health for those incarcerated. We argue that there is an imperative to research and document the plight of those who have suffered at the hands of the Australian government and its agents. However, the normal tools available to those engaged in health research may further erode the rights and well being of this population, (...) requiring a rethink of existing research ethics paradigms to approaches that foster advocacy research and drawing on the voices of those directly affected, including those bestowed with duty of care for this population. (shrink)

Asylum has become a highly charged political issue across developed countries, raising a host of difficult ethical and political questions. What responsibilities do the world's richest countries have to refugees arriving at their borders? Are states justified in implementing measures to prevent the arrival of economic migrants if they also block entry for refugees? Is it legitimate to curtail the rights of asylum seekers to maximize the number of refugees receiving protection overall? This book draws upon political and (...) ethical theory and an examination of the experiences of the United States, Germany, the United Kingdom and Australia to consider how to respond to the challenges of asylum. In addition to explaining why asylum has emerged as such a key political issue in recent years, it provides a compelling account of how states could move towards implementing morally defensible responses to refugees. (shrink)

This paper suggests that Plato’s Symposium is in part concerned with a comprehensive critique of shamelessness—in particular, the shameless competition for honor practiced by the Athenian intelligentsia. Plato develops this concern by distinguishing two types of poets. One, a nurturing genius constrained by the modesty proper to the true lover; the other, a reckless panderer who speaks free from the influence of eros and instead seeks immortality through the pursuit of earthly fame. The lesser poets pursue such fame by developing (...) a meretricious relationship with the “crowd.” For Plato, the crowd represents a unique misappropriation of desire that arises through a corruption of conscience. Crowds exist as cultivated havens used to assuage moral anguish by separating humans, at least temporarily, from their modesty. This type of crowd provides a conciliatory otherness to a morally confused self, providing dependable comfort and gratification for those who live within it and for those who appeal to it. (shrink)

One of the distinguishing characteristics of Byzantium, it is well known, in contrast to the medieval West, is the continuous tradition of Roman law and secular courts which the Eastern Empire possessed throughout its existence, as well as a central authority in a position to put these tools into effect. Thus the question of the nature of law and order in Byzantium would seem to be straightforward; whoever wishes to learn how the crime of killing was handled can consult the (...) tenth-century corpus of Roman law, the Basilika, where one finds that the criterion which the law applies is intention to kill, measured by the object or weapon used, and that capital punishment is inflicted even if the act of violence does not result in a death. Those who cause death by accident or through negligence receive a much reduced punishment or none at all. These regulations survive in compilations of Byzantine law until the fall of the empire. (shrink)

The current international asylum regime recognizes only persecuted persons as rightful asylum applicants. The Geneva Convention and Protocol enumerate specific grounds upon which persecution is recognized. Claimants who cannot demonstrate a real risk of persecution based on one of the recognized grounds are unlikely to be granted asylum. This paper aims to relate real-world practices to normative theories, asking whether the Convention’s restricted preference towards persecuted persons is normatively justified. I intend to show that the justifications of (...) the persecution criterion also apply to grounds currently lacking recognition. My main concern will be persecution on the grounds of gender.The first section introduces the dominant standpoints in theories of asylum, which give different answers to the question of who should be granted asylum, based on different normative considerations. Humanitarian theories base their claims on the factual neediness of asylum-seekers, holding that whoever is in grave danger of harm or deprivation should be granted asylum. Political theories base their justifications on conceptions of legitimacy and membership, holding that whoever has been denied membership in their original state should be granted asylum. Under political theories, Matthew Price’s theory will be discussed, which provides a normative justification of the currently recognized persecution criterion. The second section provides a descriptive definition of persecution based on Kuosmanen, and evaluates the normative relevance of the different elements of this definition based on the theories presented previously. The third section is devoted to the examination of the normative justifiability of the nexus clause’s exclusive list of the bases upon which persons might be persecuted. The section argues that while the clause does not recognize that persecution might be based on gender, in fact many women experience harms based on gender that fulfil all the normatively relevant definitive conditions constituting persecution. The conclusion shows that although the current law’s preferences towards the persecuted are justifiable, the nexus clause’s limiting enumeration of grounds is not. This applies especially to the exclusion of gender as grounds for granting asylum.Article first published online: 21 DEC 2015. (shrink)

Powerful photographs of the grand exteriors and crumbling interiors of America's abandoned state mental hospitals. For more than half the nation's history, vast mental hospitals were a prominent feature of the American landscape. From the mid-nineteenth century to the early twentieth, over 250 institutions for the insane were built throughout the United States; by 1948, they housed more than a half million patients. The blueprint for these hospitals was set by Pennsylvania hospital superintendant Thomas Story Kirkbride: a central administration building (...) flanked symmetrically by pavilions and surrounded by lavish grounds with pastoral vistas. Kirkbride and others believed that well-designed buildings and grounds, a peaceful environment, a regimen of fresh air, and places for work, exercise, and cultural activities would heal mental illness. But in the second half of the twentieth century, after the introduction of psychotropic drugs and policy shifts toward community-based care, patient populations declined dramatically, leaving many of these beautiful, massive buildings—and the patients who lived in them—neglected and abandoned. Architect and photographer Christopher Payne spent six years documenting the decay of state mental hospitals like these, visiting seventy institutions in thirty states. Through his lens we see splendid, palatial exteriors and crumbling interiors—chairs stacked against walls with peeling paint in a grand hallway; brightly colored toothbrushes still hanging on a rack; stacks of suitcases, never packed for the trip home. Accompanying Payne's striking and powerful photographs is an essay by Oliver Sacks. Sacks pays tribute to Payne's photographs and to the lives once lived in these places, “where one could be both mad and safe.”. (shrink)