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.

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 Crisis of Solidarity? Changing Welfare and Migration Regimes in Sweden

2016 ◽  
Vol 45 (1) ◽  
pp. 121-135 ◽  
Author(s):  
Magnus Dahlstedt ◽  
Anders Neergaard
Keyword(s):  
Human Rights ◽  
Vantage Point ◽  
The Other ◽  
European Countries ◽  
Social Fabric ◽  
The Core ◽  
Swedish Model ◽  
European Crisis ◽  
And Migration ◽  
Migration Regimes

Europe is in crisis. In recent years, there has been a rise of xenophobic parties in a number of European countries. While arguing that there is indeed a European crisis, this article focuses on the Swedish take on the crisis. The aim is to contribute to the understanding of migration, from a Swedish vantage point. This orientation has particular significance since Sweden has traditionally been extolled as defending human rights and multiculturalism by opening its doors to refugees – the so-called Swedish exceptionalism. Reality, however, is quite different and former policies are contested, raising the question whether this signals the end of this exceptionalism. In Sweden, ongoing processes are transforming the core social fabric of what was previously known as the Swedish model. It is potentially a bellwether for the transformation of a previously inclusive democratic society into something quite different, in which ‘the Other’ increasingly plays a defining role.

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.

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.

scholarly journals Writing in and Out of Exile: A Foucauldean Reading of No Friend but the Mountains by Behrouz Boochani

2021 ◽  
Vol 5 (11) ◽  
pp. 1-7
Author(s):  
Hanna Merin Varghese ◽  
Keyword(s):  
Asylum Seeker ◽  
Asylum Seekers ◽  
The Other ◽  
The Political ◽  
Detention Centre ◽  
Sociological Approach ◽  
Other Hand ◽  
And Migration ◽  
Refugee Literature

“Refugee” is a historically constructed term that privileged concerns that are substantially ideological and political rather than economic and ecological. But one cannot neglect the fact that environmental and economic concerns cannot be set apart from the political and hence rises the necessity to create a new inclusive category of “ essential needs” to consider their intrinsic interconnectivity as its one of the apriorism. Refugee literature essentially addresses not only the displacement but the gaps that are found in the sociological approach to “statelessness” and migration. On the other hand, literature stands for individual expressions and experience. Literature in the context of statelessness not only signifies the notion of being a “refugee” but being an “ asylum, seeker” as well. No Friend but the Mountains by Behrouz Boochani is such an autobigraphcial novel written in the backdrop of his experience as an asylum seeker and consequent incarceration in the Australian detention regime. The Australian detention centre is built and worked in such a way that it satisfies the idea of the panopticon. The Kyriarchal system works in the prison even in a way that affects the psyche of the imprisoned individuals and thus these stateless asylum seekers undergo extreme existential dilemmas and commit severe crimes, turning against one another and sometimes even suicides. On the basis of the experiences of Boochani, the carceral system of Australian detention centre is expounded here through a Foucaludean idea of punishment, Bentham’s notion of the panopticon as well Fiorenza’s idea of kyriarchy where all of them are essentially different shades and shapes of exerting power.

From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland

2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre
Keyword(s):  
General Rule ◽  
The State ◽  
The Other ◽  
Specific Field ◽  
Widespread Phenomenon ◽  
Judicialization Of Politics ◽  
The Uk ◽  
Migration Law

Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

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