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)

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)

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)

Resumen: Las políticas europeas de inmigración y refugio han sido criticadas por quienes las consideran emblemas de una concepción que pone en grave riesgo elementos básicos del Estado de Derecho y aun de la democracia. El epítome es la aparición de mercados de esclavos en Libia, a las puertas de la UE, un Estado fallido que la UE y sus Estados miembros se empeñan en elevar a la condición de partner privilegiado de sus políticas de externalización. Tomando como base los (...) análisis de Lochak, Agambem y Bauman y la concepción de la propuesta por el filósofo camerunés Mbembé, desarrollando tesis de Foucault (biopolítica), se proponen algunas alternativas que vienen presididas por la exigencia de reconocimiento y garantía de derechos básicos de inmigrantes y refugiados. Abstract: European immigration and refuge policies have been criticized by those who see them as emblems of a conception that puts in serious risk basic elements of the Rule of Law and even of democracy. The epitome is the emergence of slave markets in Libya (at the gates of the EU), a failed state that, nevertheless, the EU and its Member States are determined to raise to the status of privileged partner of their outsourcing policies. Based on the analysis of Lochak, Agambem and Bauman and the conception of the proposed by the Cameroonian philosopher Mbembé who develops Foucault's thesis about biopolitics, this text will propose some alternatives that are leaded by the requirement of recognition and guarantee of rights of immigrants and refugees. (shrink)

Poland has faced two waves of migration: the first was of irregular asylum seekers, which led to the humanitarian crisis on the eastern EU–Belarusian border since 2021; the second was of Ukrainians fleeing the Russian invasion. Although there are noticeable differences between these situations, and between the different reactions of the Polish authorities, it is possible to juxtapose them in terms of the right to health. The normative content of refugee and human rights law is the starting point for (...) reconstructing the meaning of the terms ‘refugee’ and ‘right to health’. A refugee is a person who needs international protection because of a well-founded fear of harm, which is not limited to persecution as defined by the Refugee Convention but also includes situations of international and non-international armed conflict. The right to health, which includes, inter alia, entitlements to a ‘system of health protection’ and ‘underlying determinations of health’, is reconstructed on the basis of human rights law and refugee and migration law. There are no legal and moral grounds to grant the right to health differentially to different groups of refugees. Nondiscriminatory health policy requires that refugees have the same access to health care as nationals, although their specific health needs resulting from past experiences and refugee situation require special treatment, that is, an appropriate refugee health policy. The broad understanding of the underlying determinants of health demonstrates the importance of overall migration policy for refugees’ health, which can jeopardise the fragile good of refugee health. (shrink)

This paper examines potential responses to emerging ‘climate refugee’ justice issues. ‘Climate refugee’ describes migrants forced to flee their homeland due to losses and damages brought about by events linked to global climate change. These include losses and damages due to extreme weather events, severe droughts and floods, sea-level rise, and an array of pollutant contamination issues. A paradigm case if climate refugeedom is seen in the influx of Peruvian immigrants into various North American cities; seeking asylum after losing (...) access to water and agricultural resources after heavy metals were released through rapid glacial melting and contaminated these necessities in recent years. -/- The main discussion begins with a sketch of the scientific picture of the causal genesis of the apparently worsening “climate refugee crisis” and a concise discussion of new climate science research methods, Probabilistic Event Attribution studies (PEAs), that many agree can be used to determine the liability of certain countries for particular extreme events due to climate change (§1). Against that background, and after providing clarifications regarding the distinction between ‘climate refugee’ and ‘environmental refugee’ (§2), I then discuss key ethical and political issues that are unique to climate refugee cases (§3). Subsequently, I critically assess options for helping climate refugees through existing institutions (§4). I endorse pursuing responses to the most pressing climate refugee problems through the provisions for addressing climate change “losses and damages” in the 2016 UN Framework Convention on Climate Change, “Paris Agreement”; which outlines “risk sharing” protocol that I contend can be used to help climate refugees who are not currently subject to existing UN policies designed to help other types of refugees (e.g. those fleeing from persecution or war). I conclude by outlining a number of ways that PEAs may aid in effectively implementing those losses and damages provisions. (shrink)

In this article, we reflect on our personal experience of acting as ‘independent academic experts’ in an European Union policy forum, to reflect on how the EU utilises gender to legitimise certain policy discourses in combating sex trafficking. Starting from our personal experience, we draw on wider feminist research on gender expertise and on Fraser’s new reflexive theory of political injustice, to consider how the EU structures debates in this area to determine ‘who’ is entitled to speak and be heard (...) on this issue. In a context in which sex trafficking policy intersects with a variety of competing agendas on – among other things – law and order, organised crime, immigration, asylum and border security policy, our argument will suggest that the exclusion of critical feminist voices and lack of alternative perspectives permits much scope for continuing inequality and injustice. (shrink)

Moral disengagement is a process whereby the self-regulatory mechanisms that would otherwise sanction unethical conduct can be selectively disabled. The present research proposed that moral disengagement might be adopted in the endorsement of asylum seeker policies in Australia, and in order to test this, a scale was developed and was validated in two studies. Factor analysis demonstrated that a 2-factor, 16-item structure had the best fit, and the construct validity of the scale was supported. Results provide evidence for (...) the use of moral disengagement in the context of asylum seekers as a means of rationalizing conduct that may otherwise be sanctioned. (shrink)

In the context of the ever-increasing political problematization of migration in Europe, agencies charged with migrant administration create diverse categories of difference to distinguish between the 'deserving migrant' and the illegal one: They assess the detainability or the credibility of asylum seekers, the danger posed by Islamic organizations, and make situational decisions that determine whether migration or labour law applies to individual agricultural workers. In this book, each chapter analyses how organizational interpretations 'in service of' the common good shape (...) bureaucratic practices. Together, these ethnographic analyses reveal how migration policies in different European countries take shape in administrative practice."--Back cover. (shrink)

Background Several ethical issues are associated with providing living organ transplantation services, and there is limited information on these issues faced by the teams providing service to refugees or asylum seekers. Aim To determine the challenges healthcare professionals face in organ transplant centers providing services to Syrians under temporary protection status and discern whether these difficulties align with ethical issues in living organ transplantation. Research design This study employed a qualitative design and conducted individual semi-structured, in-depth interviews with 18 (...) transplant team members in Istanbul between September and November 2022. Data analysis was based on Braun and Clarke’s thematic analysis. Participants and research context The participants comprised 18 healthcare professionals, including 6 physicians and 12 nurses working in organ transplant teams in Istanbul. Ethical considerations The University’s Ethics Committee provided approval. Participants were informed regarding confidentiality and signed an informed consent form. Results Three themes emerged from the data on ethical issues faced by organ transplantation services to Syrians: (a) beneficence or double equipoise, (b) autonomy, and (c) justice. Transplant teams experience problems related to preserving double equipoise in the provision of living donor organ transplantation because of language barriers, poor socioeconomic conditions, and cultural factors, which increases transplant teams’ individual and indirect social burden. Although problems arise from the language barrier when obtaining informed consent in the autonomy theme, institutional and national policies in preventing donor abuse have a comforting effect. Health workers had the least problems with the justice theme, wherein national health policies are determined. Conclusion Fewer issues related to autonomy and justice were reported in providing organ transplantation services to Syrians, with the most intense reported issues being maintaining double equipoise. The results revealed the need to develop institutional, national, and international policies with individual solutions to prevent difficulties healthcare professionals face in this process. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Contingent Object of PsychiatryDavid McCallum (bio)Keywordsmental illness, dangerousness, law, genealogyWilson and Adhead’s plea that the British Government’s proposed new mental health legislation might entail a misappropriation of psychiatry’s true mission will strike a chord in numerous jurisdictions. Many European countries during the last northern summer will adopt mental health legislation that moves in the opposite direction to the United Nations Convention on Human Rights for persons with disabilities, (...) and will allow for compulsory mental health treatment. In this author’s home state of Victoria, Australia, the Mental Health Act has five criteria that must be met for someone to be made an involuntary patient in an institution or hospital, in the community, or in one’s own home (Victoria 2003, s.6). One of the criteria is that the person is judged to be at risk of danger to themselves or others. Once made an involuntary patient, one looses the right to refuse medical treatment. At present, in various parts of the world, medical practitioners are being required to assess a person’s level of dangerousness with immediate consequences for that person’s liberty.From the point of view of a historian of the human sciences, these events propel psychiatry into a dialogue with its recent past. The project of Western psychiatry is usually characterized as a breaking down of the walls of the old asylum that contained the lunatic in its dark recesses, and the subsequent unveiling of the mental patient thanks to the rational, liberatory practices of medicine. But modern psychiatry has also been shaped by the coming into being of particular conceptions of mental illness that are not all its own making. This entailed the removal over time of the mental defective and the mental deficient, the moral imbecile, the epileptic, the alcoholic, the chronically insane, and so on, from spaces in which psychiatry would seek to define it object—populations that psychiatry would determine to be “not amenable to treatment.” If we were to see this shaping in a Foucauldian sense, we would also want to include earlier eighteenth- and nineteenth-century separations of the lunatic and the criminal (Foucault 1965, 1979). Moreover, we might want to insist that the marking out of the modern mental health patient is first and foremost an administrative act—an act of separation and management within a bounded population—which then serves as a condition of possibility for the emergence of knowledges in psychiatric medicine, with the latter following rather than preceding the arrangement of bodies in the asylum/hospital.The psychiatrist in public medicine may well be encouraged to shape a new mission according to the requirements of an administration concerned with managing dangerousness. A shift in the social vocation of the psychiatric expert has been observed over several decades, and may represent a profound departure from the traditions [End Page 69] of mental medicine (Castel 1991). Those “dirty words”—risk assessment—involve new strategies where face-to-face relations between carer and cared are displaced by an activity of calculating abstract factors deemed liable to produce risk—“a transition from the clinic of the subject to an ‘epidemiological’ clinic” (Castel 1991, 282). The broad contours of this shift sees the specialist medical carer take a back seat while the manager/ administrator assumes a more autonomous role of allocating individuals into various categories of risk. It is in this sense that the psychiatrist does not make a diagnosis as such, but rather contributes to a list of factors compiled to measure a level of riskiness. Risk assessment forms part of social surveillance that dispenses with the actual presence of the carer and the cared, and provides for a form of systematic predetection rather than treatment. As Castel (1991, 288) presents it,(t)here is, in fact, no longer a relation of immediacy with a subject because there is no longer a subject. What the new preventative policies primarily address is no longer individuals but factors, statistical correlations of heterogeneous elements. They deconstruct the concrete subject of intervention, and reconstruct a combination of factors liable to produce risk. Their primary aim is not to confront a concrete dangerous situation, but to anticipate... (shrink)

In open economy migration is a natural process. However, constantly growing immigration flows to the EU countries pose certain challenges for host countries. In 2015, over 1 million people – asylum seekers, refugees and other immigrants – crossed the border of the EU. In addition, there is a significant movement from less developed to more developed countries within the EU. This process causes citizens’ discontent of some host countries, as well as the fear of economic, social, political and security (...) instability. In order to achieve integration of immigrants and seeking to formulate a successful migration policy it is appropriate to determine factors influencing society’s attitudes towards immigrants. During the last decade this topic is relevant in the political and scientific field; however, there is a lack of systematic research carried out integrating not only economic but also demographic, cultural, political and religious factors influencing society’s attitudes. In this research we employed a logistic regression model to estimate factors that increase or decrease the probability for a positive attitude towards internal and external immigrants in the EU. As a source for raw data we used the European Social Survey Database. The research results revealed that society’s attitude towards internal EU immigrants was more positive compared with that towards external immigrants. Factors increasing the probability for EU citizens to possess a positive attitude towards immigrants are higher education level and sufficient income. The influence of these factors does not differ much regarding internal and external immigrants. We estimated that women, families with children, people that live in cities and young generation are the members of society that have the most positive attitude. (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)

Transgender legal protections have long been contentious issues, with courts often pathologizing or refusing recognition of transgender identities. Recently, however, courts adjudicating asylum claims have recognized “transgender” as a legitimate category of protection. I take this legal development as an opportunity to ask how courts determine if individuals are transgender. While previous work has shown how courts maintain the gender binary, asylum law offers the first chance to analyze how recognizing a distinct transgender category affects the legal gender (...) order and the classification of trans claimants. Drawing on court decisions, ethnographic observations, and interviews, I argue that the recognition of transgender as a category implicitly acknowledges the malleability of gender. Yet, the adjudication of transgender asylum cases continues to uphold a fixed and binary conception of gender by assuming a “born into the wrong body” narrative and that claimants should always already know their gender identities. Courts thus enforce a cis–trans binary wherein only certain claimants are found “trans enough.”. (shrink)

This paper proposes a Capabilities -based Approach to guide hazard mitigation efforts. First, a discussion is provided of the criteria that should be met by an adequate framework for formulating public policy and allocating resources. This paper shows why a common decision-aiding tool, Cost-benefit Analysis, fails to fulfill such criteria. A Capabilities -based Approach to hazard mitigation is then presented, drawing on the framework originally developed in the context of development economics and policy. The focus of a Capabilities -based Approach (...) is protecting and promoting the well-being of individuals. Capabilities are dimensions of well-being and specified in terms of functionings. Functionings capture the various things of value an individual does or becomes in his or her life, including being alive, being healthy, and being sheltered. Capabilities refer to the real achievability of specific functionings. In the context of hazard mitigation, from a Capabilities -based Approach, decision- and policy-makers should consider the acceptability and tolerability of risks along with the affectability of hazards when determining policy formulation and resource allocation. Finally, the paper shows how the proposed approach satisfies the required criteria, and overcomes the limitations of Cost-benefit Analysis, while maintaining its strengths. (shrink)

This work offers a timely philosophical analysis of interrelated normative questions concerning immigration and citizenship in relation to the global context of multiple nation states. In it, philosophers and scholars from the social sciences address both fundamental questions in moral and political philosophy as well as specific issues concerning policy. Topics covered in this volume include: the concept and the role of citizenship, the equal rights and representation of citizens, general moral frameworks for addressing immigration issues, the duty to obey (...) immigration law, the use of ethnic, cultural, or linguistic criteria for selective immigration, domestic violence as grounds for political asylum, and our duty to refugees in general. The urgency of the need to discuss these matters is clear. Several humanitarian crises involving human migration across national boundaries stemming from war, economic devastations, gang violence, and violence in ethnic or religious conflicts have unfolded. Political debates concerning immigration and immigrant communities are continuing in many countries, especially during election years. While there have always been migrating human beings, they raise distinctive issues in the modern era because of the political context under which the migrations take place, namely, that of a system of sovereign nation states with rights to control their borders and determine their memberships. This collection provides readers the opportunity to parse these complex issues with the help of diverse philosophical, moral, and political perspectives. (shrink)

_Unemployment poses a significant threat to Pakistan's economy alongside other global countries. The current study tries to determine the substantial determinants affecting unemployment in the country. Data was retrieved from the worldwide development indicator (WDI) and worldwide governance indicators (WGI) by employing Time series analysis from 1996 to 2021. Augmented Dicky Fuller and Philips-Perron Unit root test were employed to check the stationary of the data. To figure out the short-run and long-run cointegration among variables, the model Autoregressive distributed lag (...) (ARDL) was applied. Findings indicate that all variables were statistically significant. Inflation, FDI and GDP are negatively affecting unemployment. While population growth, external debt and governance index have a positive association with unemployment. Growing population and external debt are substantial contributors to unemployment, while governance reveals inadequate effectiveness in addressing this challenge. Study recommended to improve FDI and GDP growth in Pakistan to reduce unemployment. Furthermore, govt stability and effective policies are necessary to overcome the problem of unemployment._. (shrink)

The ‘refugee crisis’ in Europe has drawn attention to the reasons why people risk desperate journeys to seek safety. However, less research has focussed on what happens to those on the move once th...

For decades, health professionals have asserted the importance of public participation in interventions for health. Medicine has pursued patient participation in clinical decision-making. In the public health realm, target groups have been asked to assist in the design and implementation of initiatives for health. In practice, however, patients and populations expect health professionals to give advice and - in some cases - to make decisions on their behalf. This implies limits to the ideal of participation. In this innovative work, the (...) author contrasts public and professional understandings of health and the best ways to achieve health. The result is a model of lay participation in the structuring of medical and public health activity. The book is unique due to its policy-applicable, quantitative studies and its theoretical analysis of works by René Dubos and Aaron Antonovsky. It will be of value to professionals in health promotion, health education, medical anthropology, and social epidemiology. (shrink)

Street-level bureaucracy literature ascertains that policies get made not only in the offices of legislatures or politicians but through the discretion bureaucrats employ in their day-to-day interactions with citizens in government agencies. The discretion bureaucrats use to grant access to public benefits or impose sanctions adds up to what the public ultimately experience as the government and its policies. This perspective, however, overlooks policy-making that gets done in the back offices of government, where there might not be direct (...) interaction with citizens. Furthermore, it treats discretion as inherently anthropogenic and ignores that it is exercised in relation to sociotechnical arrangements of which bureaucrats are a part. In this paper, based on extensive ethnography at national statistical institutes and international statistical meetings across Europe, I make two arguments. The first is that, statisticians emerge as back-office policy-makers as they are compelled to take multiple methodological decisions when operationalizing abstract statistical guidelines and definitions, thus effectively making rather than merely implementing policies. This is the “discretion” they employ, even when they may not interact with citizens. The second argument is that the exercise of discretion is sociotechnical, that is, it happens in relation to the constraints and affordances of technologies and the decisions of other bureaucrats in their institutions and others. (shrink)

Liberal egalitarians tend to be committed both to generous asylum policies and generous, universal welfare states. Yet there may be political, social and economic reasons why there is a conflict in realising both. Asylum seekers may create economic pressures to the welfare state, or undermine national solidarity supposedly necessary to support redistribution. In this paper, I discuss how political theorists should approach these empirical concerns. I take issue with the view that theorists can simply move between ‘realism’ (...) and ‘idealism’ by accepting more or less of reality. Instead, political theorists should seek to offer a critical description of the conflict, which can reveal structures of power that ought to be subject to normative scrutiny. To this end, I discuss two accounts of how the welfare state may justify asylum restrictions in relation to the case of Sweden, a universal welfare state that has recently introduced restrictions on asylum to protect the welfare state. I argue along these accounts that the welfare state is both an important source of political and social order and a foundation of the personal moral experience. Yet a critical analysis also illustrates how these claims weaken as underlying methodological nationalism and bias towards existing power structures are brought to light. Asylum restrictions cannot be justified if they contribute to perpetuating these power structures, which cause some of the conflict with the welfare state in the first place. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the principles of (...) self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

The U.S. military is developing augmented reality (AR) capabilities for use on the battlefield as a means of achieving greater situational awareness. The superimposition of digital data—designed to expand surveillance, enhance geospatial understanding, and facilitate target identification—onto a live view of the battlefield has important implications for virtuous conduct in war: Can the soldier exercise practical wisdom while integrated into a system of militarized legibility? Adopting a virtue ethics perspective, I argue that AR disrupts the soldier’s immersion in the scene (...) such that he is blinded to features beyond those identified in advance by the military’s system of cybernetic judgment. I turn to Michael Walzer’s classic account of the “naked soldier” dilemma to illustrate how AR capabilities radically shrink the bounds within which the soldier can cultivate the capacity for right conduct. By transforming the ambiguous ethical matter of killing an enemy combatant into the straightforward application of a rule, AR hollows out the soldier’s potential for virtuous action. The “smart battlefield” leaves no space for deliberative judgments that transcend the technical and legal determinations already written into the soldier’s view of the scene. (shrink)

In 2013, controversy sparked student protests, campus debates, and national attention when Smith College denied admittance to Calliope Wong—a trans woman. Since then, eight women’s colleges have revised their admissions policies to include different gender identities such as trans women and genderqueer people. Given the recency of such policies, we interrogate the ways the category “woman” is determined through certain alignments of biology-, legal-, and identity-based criteria. Through an inductive analysis of administrative scripts appearing both in student newspapers (...) and in trans admittance policies, we highlight two areas U.S. women’s colleges straddle while creating these policies: inclusion/exclusion scripts of self-identification and legal documentation, and tradition-/activism-speak. Through these tensions, women’s college admittance policies not only construct “womanhood” but also serve as regulatory norms that redo gender as a structuring agent within the gendered organization. (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)

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)

Public health is a scientific domain with significant population impact. Any irregularities or discrepancies affect all patients that depend on its normal function, therefore explaining the reason why public attention is always vastly invested in it. With a balanced health status in the population as primary goal, the domain of public health with its adopted policies stands at the frontlines. Public Health Policies can be resumed to three main aspects, based on the health system performance concept developed by (...) the World Health Organization: population health status, citizen satisfaction with healthcare and the extent to which the system provides financial protection. Nowadays, with cardiovascular disease becoming the leading cause of death worldwide, the field of cardiovascular public health has gained significant general interest. The present article aims to address the importance of health policies from a determinants’ perspective while taking into consideration the influence of population illness on health policy development. (shrink)

Through engagement with key informants and review of ethical theories applicable to refugee policy, this paper examines the ethical and policy considerations that policy-level stakeholders believe should factor into setting the refugee resettlement ceiling. We find that the ceiling traditionally has been influenced by policy goals, underlying values, and practical considerations. These factors map onto several ethical approaches to resettlement. There is significant alignment between U.S. policy interests and ethical obligations toward refugees. We argue that the refugee ceiling should be (...) restored to historical norms, and that there exists a corresponding obligation to counter negative public perceptions about refugees and the costs of resettlement. (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 pervasive effects of increasingly restrictive migration policies on the health of immigrant populations in the U.S. have been well-documented, but not so much concerning the unique experiences of Brazilian immigrants, a subgroup of the Latino/a/x population. Considering that, this narrative review article employs a research design that is both conceptual and exploratory—to understand the possible connections and associations between restrictive immigration policies and negative health outcomes among Brazilian immigrants in the U.S. Findings indicate that Brazilian immigrants in (...) the U.S. face an array of health and non-health related challenges, including racism and poor working conditions, with undocumented individuals experiencing worse outcomes. Studies highlight the complex relationship between immigration policies and health and emphasize the detrimental effects of deportation fear, healthcare access obstacles, and mental health repercussions due to hostile immigration policymaking and generalized anti-immigrant sentiment. More research is needed to understand the unique challenges faced by the Brazilian immigrant population concerning several mental and physical health outcomes. (shrink)

The legal instruments for migration and asylum policies implemented by the European Union and its member States as part of th_e New European Agenda on Migration_ introduced by the European Commission in May 2015 has turned out to be not only ineffective, but also highly questionable in what concerns their consistency with the protection of Human Rights, the principles of liberal democracy, and even with those of egalitarian liberalism. As the author sees it, the problem derives from the (...) challenges posed by the management of cultural diversity (especially, _deep diversity_). Particularly, the demands made by migrants and asylum seekers cannot be met by using those instruments, which should be improved by means of the contributions made by the _Politics of Recognition and Constitutional Pluralism_. _Received_: 25 July 2016 _Accepted_: 30 November 2016 _Published online_: 11 December 2017. (shrink)

In his paper “The challenge of brain death for the sanctity of life ethic”, Peter Singer advocates two options for dealing with death criteria in a way that is compatible with efficient organ transplantation policy. He suggests that we should either redefine death as cortical death or go back to the old cardiopulmonary criterion and scrap the Dead Donor Rule. We welcome Singer’s line of argument but raise some concerns about the practicability of the two alternatives advocated by him. We (...) propose adding a third alternative that also – as the two previous alternatives – preserves and extends the possibility of organ transplantation without using anyone without their consent. Namely, we would like to draw readers’ attention to a proposal by Robert Veatch, formulated 42 years ago in his 1976 book “Death, dying, and the biological revolution” and developed further in his later publications. Veatch argues for a conscience clause for the definition of death that would permit people to pick from a reasonable range of definitional options. This autonomy-based option, we believe, is more likely to be practicable than the two options advocated by Singer. Furthermore, we present data from a study with Lithuanian participants that suggest that there is quite pronounced variation of preferences concerning death determination. (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)

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)

Sustainable Development Goals, which serve as the primary feature of the 2030 Agenda for Sustainable Development, and Nationally Determined Contributions, which serve as a vital instrumental of the UNFCCC’s Paris Agreement, have clear synergies. Both are focused, in part, on responding to challenges presented to human well-being. There are good practical reasons to integrate development efforts with a comprehensive response to climate change. However, at least in their current form, these two policy instruments are ill-suited to this task. Where SDGs (...) are focused on supporting considerations of human flourishing to which policy needs to respond, NDCs, in their current form, are dependent on the determinations of the nations that generate them. I conclude that the best means of integrating these two policy initiatives require moving past the subjective foundations of NDCs. (shrink)

This note examines the judgement of the House of Lords in the cases of Islam andShah, particularly with regard to their conclusion that women in Pakistan who were victims of domestic violence and not protected by their state could qualify as members of a particular social group under the Geneva Convention, and therefore attain refugee status. The note considers the Refugee Women's Legal Group's Gender Guidelines for the Determination of Asylum Claims in the U.K. and discusses the problems (...) faced by women who claim refugee status. Finally, the conceptualisation of domestic violence as a political issue and therefore a matter falling within the scope of the Convention issue is analysed. (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)

in Western cultures in regard to post-mortem organ donation and the termination of care for patients meeting these strict criteria. But they are of minimal use in Asian cultures and in the ethics of caring for the persistent vegetative patient. This paper introduces a formula for a global Uniform Determination of Death statute, based on the ‘entire brain including brain stem’ criteria as a default position, but allowing competent adults by means of advance directives to choose other criteria for (...) determining death during the process of dying. Keywords: euthanasia, brain death criteria, higher brain death criteria, individual choice, multicultural society, self-determination CiteULike Connotea Del.icio.us What's this? (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)

A Correction to this paper has been published: https://doi.org/10.1007/s10677-021-10185-5.