European governments have re-discovered labour migration, but are eager to be perceived as controlling unsolicited forms of migration, especially through asylum and family reunion. The emerging ...paradigm of managed migration combines the construction of more permissive channels for desirable and actively recruited labour migrants with ever more restrictive approaches towards asylum seekers. Non-state actors, especially employer organizations, trade unions, and humanitarian non-governmental organisations, attempt to shape regulatory measures, but their success varies depending on organizational characteristics. Labour market interest associations' lobbying strategies regarding quantities and skill profile of labour migrants will be influenced by the respective system of political economy they are embedded in. Trade unions are generally supportive of well-managed labour recruitment strategies. But migration policy-making also proceeds at the European Union (EU) level. While national actors seek to upload their national model as a blueprint for future EU policy to avoid costly adaptation, top-down Europeanization is re-casting national regulation in important ways, notwithstanding highly divergent national regulatory philosophies. Based on field work in and analysis of primary documents from six European countries (France, Italy, United Kingdom, Ireland, Germany, and Poland) this book makes an important contribution to the study of a rapidly Europeanized policy domain. Combining insights from the literature on comparative political economy, Europeanization, and migration studies, the book makes important contributions to all three, while demonstrating how migration policy can be fruitfully studied by employing tools from mainstream political science, rather than treating it as a distinct subfield. Available in OSO:
Homosexuality and some sexual orientation are penalized in a lot of countries. Some inhabitants of such countries are persecuted (or fear to be) because of their sexual orientation. And some of them ...seek asylum in Europe. The law effectively allow foreign people persecuted for their sexual orientation to claim asylum in Europe. But these types of persecutions may be difficult to prove because of the language barrier and the lack of evidence. Valid-in-law proves of sexual orientation may be very difficult to gather. This article deals with the particular situation of a homosexual person. The objective is to lay down the basis of reflection for specific psychological supports of migrants. In the current context, the own conceptions of the clinician concerning human rights and speeches linked with health care system impact his meetings with a migrant person. The psychodynamic approach here proposed allow to examine how a patient constructs his own gender. This question is complex because of limitations of the language, the patient has to free from norms and stereotypes and the patient must confront memories of his history. A serious support is required for migrants could accept to surmount such barriers.
There is much discussion about whether high acceptance rates of asylum applications lead to a greater inflow of asylum seekers to Europe. To date, little is known about this relationship before and ...after the peak of the so-called refugee crisis of 2015. While Syrian and Iraqi inflows decreased after 2015, African asylum seekers became more numerous, their numbers tripling between 2008 and 2018. We study the two-way relationship between the number of asylum applications from Africans and African refugee acceptance rates in Europe. We compile quarterly data from 2008 to 2018 on 1,488 country dyads of 48 African and 31 European countries and estimate fixed effects panel models with different lags of the variables of interest. We find robust evidence for a positive effect of acceptance rates on the number of subsequent asylum applications in the respective countries. However, this effect is rather small in size. Conversely, more applications can prompt authorities to accept fewer asylum seekers, but evidence for this effect is much weaker. Higher acceptance rates lead to a greater number of asylum seekers, but formal protection rates cannot explain the substantial increase in asylum applicants from Africa to Europe that has continued since the 'refugee crisis' of 2015. Besides informal practices, which can play a role, the self-reinforcing nature of migration is a major driver of the current increase in inflows.
European governments of different political views, which have closed the channel of legal entry for work, have long believed that the removal and anticipation of border controls in transit countries, ...as well as confinement or detention of migrants deemed “illegal”, can reduce irregular entry into the territory of the State, and constitute a brake on the submission of applications for international protection, which could not be refused otherwise if people arrived at a land, air or sea border of a State that has acceded to the 1951 Geneva Convention on Refugees. According to the principle of non-refoulement enshrined in the Geneva Convention (Article 33), in fact, no one may be refused entry at the border without having access to a fair and effective procedure to determine his or her status and protection needs. It is therefore possible to identify a procedural “minimum content” of the right of asylum, which, even before imposing on States specific positive obligations regarding the granting of the benefit, does not allow them behaviours that restrict the freedom of access to procedures, and therefore to the territory of the State, unless participation in the Geneva Refugee Convention is rendered meaningless. Agreements between States, as a result of the processes of externalization of borders, cannot legitimise, in the name of a misunderstood national sovereignty, indiscriminate refoulement measures or “closure of ports”.
Each year the Dutch authorities categorize scores of people as being “out of procedure” (uitgeprocedeerd). These are mostly “failed asylum seekers” who have exhausted all legal appeals in search of ...regularizing their status in the Netherlands. Out-of-procedure subjects, or OOPSs, have no formal rights and receive no state provision. They must leave the country voluntarily within one month or risk deportation. Many OOPSs who spent weeks or even months in Dutch detention centers are eventually released onto the streets, as the authorities cannot manage to deport them. This article interrogates the production and treatment of OOPSs as nonexistent human beings who are no longer considered by the state as “aliens” but merely as illegalized bodies. This intriguing case of the state deserting certain people within its sovereign territory is realized through a process of derecording OOPSs and formally pretending that they are not part of the governed population.
The prince's capture will be justified on the grounds of his innocence-the "innocence" his "tender youth proveth." Because the "innocence" of childhood itself makes "every place a sanctuary," the ...young prince can be taken from Westminster Abbey without losing the protections of sanctuary. The Trump administration's April 2018 "zero tolerance" policy at the U.S.Mexico border, recommending for criminal prosecution all cases of illegal entry under Title 8, Section 1325 of the federal code, divides members of undocumented families into categories of criminal liability and immunity, ultimately separating more than 5,000 immigrant children from their guardians.5 Immigration policy makes a firm distinction between holding spaces meant for people whose transnational migration has been criminalized and those "detained" without charges, yet the "protections" accorded minors often simply relocate them from one carceral space to another. 6 The Trump administration's actions have drawn attention to a problem that immigrant advocates have long contended with-as the human rights lawyer Jacqueline Bhabha writes: The assumption of a unitary family, all of whose members share the same nationality, live in the same country, travel together or follow the (male) breadwinner, have the same short- or long-term interests, and have easy access to each other, is outmoded.7 The recognition of child citizenship impacts the lives of immigrant communities not simply under U.S. immigration law but throughout the world, from child asylum-seekers in the Dominican Republic and Bangladesh to refugee families entering Italy, Spain, and the U.K.8 Children's partial or provisional inclusion in the category of national citizenship produces unique obstacles to transnational mobility, so much that it has been argued that "formal and informal barriers assimilate children to the status of noncitizen and render them effectively stateless. Buckingham implicitly frames the child as property seized from the royal residence when he argues as precedent for the prince's seizure: "if one go to sanctuary with another man's goods, why should not the king, leaving a thief's body at liberty, satisfy the party of his goods?" (37) The Queen, however, turns to a different model of childhood: "He is also my ward . . . sith he hath nothing by descent holden by knight's service, the law maketh his mother his guardian" (44-45).
This book focuses on three European asylum procedures and the evidentiary assessment carried out in these. The interrelationship between these procedures and legal systems influencing them is ...explored and questions in relation to the harmonizing strivings of EU are posed.
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