States of exception, human rights, and social harm: Towards a border zemiology

2019 ◽  
pp. 136248061989006
Author(s):  
Francesca Soliman
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Social Harm ◽  
Control Practice ◽  
Critical Realist ◽  
Migration Control ◽  
And Migration ◽  
Conceptual Foundations ◽  
Migration Law ◽  
Realist View

Crimmigration, that is, the merging of criminal and migration law, is receiving increasing attention within criminology. However, while crimmigration widens our understanding of coercion and punishment, it is a reductive lens through which to make sense of migration control. This article comprises three parts: first, I critique the concept of crimmigration, its conceptual foundations, and its methodological limitations. Second, I explore how migration control practice transcends both the state’s territory and sovereignty, using the example of the European Union’s policy of non-assistance, and argue that this policy evidences the need to move beyond crime-based categories in favour of a social harm-based approach. Lastly, I propose a zemiological methodology for the study of migration control, based on a critical realist view of society and building on Nancy Fraser’s idea of social justice. The resulting framework provides a coherent and empirically useful tool for the study of border-related harms.

Part VIII Accountability for Displacement and Refugee Rights Violations, Ch.64 The Accountability of International Organizations in Refugee and Migration Law

2021 ◽  
Author(s):  
Klabbers Jan
Keyword(s):  
Human Rights ◽  
Special Reference ◽  
International Organizations ◽  
Refugee Camps ◽  
Refugee Protection ◽  
High Commissioner ◽  
And Migration ◽  
Migration Law ◽  
European Agency ◽  
The Eu

This chapter highlights the accountability of international organizations in refugee and migration law. It sets out the general responsibility regime as it applies to international organizations with special reference to refugee protection. Several international organizations are pertinent: most prominently UNHCR and the International Organization for Migration (IOM), but also the EU through Frontex, its European Agency for the Management of Operational Cooperation at the External Borders, and the UN Office of the High Commissioner for Human Rights. Refugee protection also involves several different settings, from the running of refugee camps and the guarding of borders to the handling of individual asylum applications. In general, the chapter demonstrates that responsibility is highly elusive.

scholarly journals Race and the regulation of international migration. The ongoing impact of colonialism in the case law of The European Court of Human Rights

2021 ◽  
pp. 092405192110539
Author(s):  
Karin de Vries ◽  
Thomas Spijkerboer*
Keyword(s):  
Human Rights ◽  
Predominantly White ◽  
Racial Discrimination ◽  
Case Law ◽  
White Population ◽  
European Court ◽  
Migration Control ◽  
Global North ◽  
The Right ◽  
Migration Law

In the case law of the European Court of Human Rights (ECtHR) the right of States to control migration is firmly established despite strong indications that the effects of migration control are not racially neutral. In this article we attempt to understand how it is possible that the doctrine of sovereign migration control is not considered to breach the prohibition of racial discrimination. We argue that the ECtHR’s approach to migration and racial discrimination fits a pattern in the historical development of migration law whereby the right to travel, and the power of States to restrict this right, have been consistently defined in such a way as to protect the interests of the predominantly white population of today's global North. Hence, the ease with which the racialised impact of migration control is accepted as normal and compatible with the prohibition of racial discrimination is consistent with migration law's long history as part of colonial and postcolonial relations.

Protection of migrants from enforced disappearance: A human rights perspective

2017 ◽  
Vol 99 (905) ◽  
pp. 569-587 ◽  
Author(s):  
Bernard Duhaime ◽  
Andréanne Thibault
Keyword(s):  
Human Rights ◽  
Analytical Framework ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Migrant Smuggling ◽  
International Human ◽  
And Migration ◽  
Migration Law

AbstractThis article looks at the issue of enforced disappearances of migrants during their migratory journey or once they have reached their destination, a subject yet to be addressed in the literature. It examines how the legal and analytical framework provided by international human rights law and migration law applies to enforced disappearances of migrants. It then reviews the factors that contribute to this phenomenon in different contexts, including the disappearance of migrants for political reasons, those that take place in detention and deportation processes and those that take place within the context of migrant smuggling and trafficking.

scholarly journals Representing the Other: A Case for Interdisciplinary Clinical Legal Education: Example of the Human Rights and Migration Law Clinic

2019 ◽  
Vol 26 (3) ◽  
pp. 93-118
Author(s):  
Jovana Bogićević
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Legal Education ◽  
Daily Basis ◽  
The Other ◽  
And Migration ◽  
Migration Law

From January 2018 until late July of the same year, I had an opportunity to participate in the Human Rights and Migration Law Clinic (hereafter HRMLC or ’the Clinic’) in Torino, where I got a chance to experience working with the asylum seekers, interviewing them, writing their Legal Memo as well as preparing them for the hearing in front of the Territorial Commission (Italian First Board Commissions). An important aspect of the Clinic in question is the fact that it is conducted in cooperation with the Department of Anthropology and it involves anthropology students in the work with the asylum seekers. From the very beginning, it was apparent to me why they have opted for the involvement of anthropologists. I was surprised to see how much anthropological training in recognizing and being aware of Eurocentric (or any other kind of) presuppositions can be useful in recognizing and understanding cultural misunderstandings that happen on a daily basis in the asylum claiming process, as it is now in Italy. Even so, the idea for this paper became clear to me only when I attended the first meeting anthropology students had with their supervisor, Professor Beneduce. The feedback students gave to their professor and in turn, his observations made me inspired to write the paper that is before you.

Tensions will undermine US-Mexico cooperation

2021 ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Undocumented Migration ◽  
Security Cooperation ◽  
Content Type ◽  
Test Security ◽  
Criminal Violence ◽  
The Us ◽  
Migration Control ◽  
And Migration

Significance The meetings follow a period of increased strain in the bilateral relationship, over the US arrest, and subsequent release, of former Mexican Defence Minister General Salvador Cienfuegos. They also come amid a surge in undocumented migration, one of several long-standing issues that will increase tensions. Impacts The more affable tone of US-Mexican relations under Biden will not alter long-standing US drug and migration control priorities. US engagement with, and funding for, Mexican human rights and anti-corruption NGOs could foster tensions with the AMLO administration. AMLO’s poor record of containing criminal violence and his enduring aversion to coercive law enforcement will test security cooperation. Poor security cooperation will damage both parties, making the rescue and redefinition of bilateral security cooperation crucial.

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