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2018, Posthuman Glossary (edited by Rosi Braidotti and Maria Hlavajova)
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4 pages
1 file
AI-generated Abstract
Undocumented citizenship is explored in the context of contemporary refugee crises and the marginalization of undocumented refugees within Europe. The concept challenges traditional notions of citizenship, asserting that undocumented individuals are integral to political communities despite their precarious status. It advocates for a rethinking of civic engagement and emphasizes the need to recognize the contributions and demands of undocumented citizens, positioning them as active participants in the political landscape rather than mere victims needing humanitarian assistance.
Journal of Human Rights, 2004
This paper presents an argument against using singular notions of refugee in research. By mapping the historical and contemporary relationships between refugeehood and citizenship and by outlining the norms and ontologies underpinning the mainstream academic notions of refugee, I aim to show the deficiencies of singular notions. As an alternative, I propose conceptualizing the refugee based on multiple norms. My overall argument against singular notions of refugee is that they fail to identify and recognize certain human sufferings which are constitutive ofthe refugee condition. This is also true for the 1951 Geneva Convention's singular definition of a refugee. The theoretical and ethical shortfalls of singular approaches arise from this failure in spite ofthe fact that protection of human rights is their earnesdy declared goal. More specifically, the problem of singular approaches is that they are primarily derived from particular citizenship ideals, political visions and images of person. The predicament is that different citizenship ideals construe different couplings between citizenship and refugeehood. Sufferings that are recognized as the fundament ofthe refugee condition vary between paradigms. When refugeehood and citizenship are conceptually tied to each other, human sufferings that constitute the refugee condition are conceived in terms of citizenship ideals' ontological assumptions rather than actual human sufferings. Defining the refugee in terms of citizenship ideals is, thus, detrimental to social analysis. By tying the notion of refugee to normatively defined citizen ideals, one detaches it from human rights. The coupling between citizenship and refugeehood substantiates aporetic questions such as whether states should prioritize their obligations to their citizens or assume their responsibility for refugees. Only when the refugee is defined in terms of citizenship ideals and 'as a function ofthe interstate system' (Sassen 1999) can such questions be vindicated. However, the foundation of refugee rights is the idea of universal human rights, which predates the emergence of citizenship (Betten and Grieff 1998). The question is not about states' having to choose between their citizens' claims and foreigners' claims; it is about choosing between citizens' claims for a better life and refiigees' claims for a life at all. This is a choice between citizens' rights obtained in exchange for their performance of some duties and individuals' inalienable natural rights which they have by virtue of being humans. Citizenship rights and human rights are thus two substantially different orders of rights which are not comparable, although receiving states' citizens may perceive the emotional, cultural, social, and economic consequences of protecting refugees as a threat to their own well-being. By conceptualizing the refugee in terms of citizenship, one trivializes and misses this crucial point about the refugee condition. When the question is put as a choice between a better life and a life at all, we are in the domain of individuals' inalienable human rights.
This paper takes up the questions of (1) how the refugee crisis exhibits the fault lines in what might otherwise seem to be a robust human rights regime and (2) what kinds of ways of seeing and thinking might better attune us to solving these problems. There is surprising agreement internationally on the content of human rights, although there is a huge gulf between international agreements on human rights and the protection of those most vital. The subtitle of the paper, " another stab at universal rights, " has a double entendre: in the midst of a crisis that is stabbing international agreements on human rights to its core, I will take a stab at using the crisis situation to point a way forward toward a cosmopolitan social imaginary that uses human imagination, not just as an ability to represent in one's mind what one has seen elsewhere, but also as an ability to imagine something radically new. This social imaginary points to the necessity of according everyone, refugees included, as having a right to politics and thus a hand in shaping their own world, including their new, host communities.
Journal of Refugee Studies, 2010
In my announcement I will present briefly developments on the issue of the refugee treatment in Europe, and link it to the wider issues facing the Left. I organize my presentation in three parts, corresponding roughly to three questions: What is happening? What is the context and the meaning of things happening? And what is to be done? In the first two parts I will stay on the facts, keeping interpretation at a minimum. So,
Michigan journal of international law, 1982
Constitutional rights are rarely addressed for the protection of migrants and refugees. In the past few years, the number of migrants and among those seeking asylum has been growing increasingly. A crisis has emerged and even though some nations showed empathy when the refugee inflow began to increase, throughout time those good deeds haven´t been done as expected. Long standing periods in refugee camps awaiting bureaucratic decisions, reception quotas not being met and new entrance barriers that have been build up. The present document aims to review the principles instated in the Constitutional Rights from European Mediterranean countries, to compare those proclamations with the current reality and the developed political tools installed by the European Union in response to the refugee crisis. It is expected to be able to raise a critical speech towards welcome mechanisms and to pursue the integration of the voices of the unheard when proposing new legal solutions.
Cosmopolitanism, Migration and Universal Human Rights, 2020
For some, entry and citizenship are the reserved area of the state since the state is perceived as a historically created community within the free choice left over by a limited number of moral duties. Those denying the state such prerogatives apply end-result principles where the state is a historical accident with possible instrumental value. We will argue that conventional ideas about the burden of proof ignore this difference being thus biased towards these principles. These insights will enhance our understanding of how different conceptions of human rights conceive these matters. Keywords Migration • Citizenship • Human rights • Rule ethics • Circumstantialism 20.1 Introduction How do human rights cope with questions of citizenship and migration? The question is topical considering the current situation. We will not discuss how we should handle this situation, but rather consider the problematic philosophically, explaining how two different conceptions of human rights approach citizenship and migration differently. We consider this to be useful for a more practical approach to migration. Before getting to the crux of the matter, we should relate the discussion of human rights to the philosophical discussion of migration and here mainly the discussion in Anglo-Saxon philosophy. We consider this discussion to be somewhat biased and at times confused, but our endeavour to show how it is biased and confused will clarify our point about human rights. We will attempt to do that with an analytical apparatus developed in the book A Different History of Human Rights (Jacobsen 2017, Chap. 1). This will be the subject of the first section, The Burden of Proof. In the second section, Two Models of Ethics, the offshoot of the first section should be a clearer understanding of the disagreement between those who consider questions of
«Studi e Problemi di Critica testuale», [ISSN: 0049-2361], CVIII, 2024, pp. 157-184.
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