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Book part
Publication date: 28 February 2019

Helen Rethimiotaki

The paper first, indicates the references made by Greek legal order to different kind of cultural experts. Adopting a broader sociolegal definition of cultural expertise, it also…

Abstract

The paper first, indicates the references made by Greek legal order to different kind of cultural experts. Adopting a broader sociolegal definition of cultural expertise, it also refers to “cultural mediator,” a notion which has been introduced by the European Fund for the Integration of third-country nationals which launched the first educational programs for their training in Greece. The so-called cultural mediators should facilitate communication between third-country nationals and Greek Administration, the respect of their rights and thus in long term their integration. Secondly, the chapter exposes the experiences made by Asylum Service employees and lawyers of NGOs involved in the granting or refusing asylum proceedings. It will try to show how cultural mediation for asylum seekers works in action by exploring how do lawyers and officers involved in the process of asylum granting describe it. They also give their opinion about the training prerequisites for someone to work as a mediator and they refer to some common topics why cultural experts are mostly needed. Thirdly, the chapter presents the joint arguments of Greek anthropological theory and the political theory about EU regarding the importance of the effort to understand, to respect, and to integrate the culturally and politically different refugees. Cultural expertise may help Greek State and Society in learning how to respect the principle of equality and difference. At the same time, it may serve as a venue to solidify EU as a multiethnic political community and a cosmopolitan legal order.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

Book part
Publication date: 28 February 2019

João Teixeira Lopes, Anabela Costa Leão and Lígia Ferro

Cultural expertise can play a relevant role in countries where cultural diversity marks social life, as in the case of Portugal, a country where migration always characterized its…

Abstract

Cultural expertise can play a relevant role in countries where cultural diversity marks social life, as in the case of Portugal, a country where migration always characterized its past and continues to influence the present, and where the presence of ethnic and religious minorities must be noticed. In this chapter, we aim to survey the use of cultural mediation in Portuguese law, as well as case law and culture centered mediation out of courts, in order to understand whether the concept of cultural expertise, in a broad sense, might be useful. Although it is a “contested concept,” culture is understood, for the purposes of this chapter, in a dynamic and non-essentialist sense, as a valuable asset providing context and significance to people’s lives. Assuming that the State is not “culturally neutral” and that its institutions somehow reflect the established culture, issues of equality and demands for cultural recognition will necessarily arise. However, it is the duty of the State to respect and protect cultural identity. Even though cultural expertise may become relevant in several domains of the State, particular attention is given in this chapter to the role played by cultural arguments and cultural expertise in courts in Portugal. Cultural expertise is also very relevant for social intervention, and it is mobilized in the processes of cultural mediation. These processes have a low level of institutionalization in Portugal, since it is not routinely recognized in the implementation of public policies as an autonomous professional profile.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

Abstract

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Book part
Publication date: 21 October 2019

Gil Richard Musolf

The immigration conundrum to craft policy that ensures border security and safeguards human rights is grave and complex. Individuals fleeing religious persecution made finding…

Abstract

The immigration conundrum to craft policy that ensures border security and safeguards human rights is grave and complex. Individuals fleeing religious persecution made finding refuge part of our heritage since colonial times. This American tradition has enshrined our values to the world. This essay is limited to summarizing the asylum process and recent events through the summer of 2018 which affect it. Policy changes are ongoing. The asylum process is complicated by illegal immigration. The surge in migrants arriving at and/or crossing the border has led to controversial policies over the years. Unlike those who illegally cross the border and remain unknown to law enforcement, everyone who makes an affirmative asylum claim to a United States Citizenship and Immigration Services (USCIS) officer, or a defensive asylum claim in immigration court, has been thoroughly vetted through identity, criminality, and terrorism background checks. Granting refuge to those fleeing persecution reaffirms the values of a country that is, as Lincoln richly stated, the last best hope of Earth. Comprehensive immigration reform is needed on many immigration issues, two of which are to ensure border security and safeguard the asylum-seeking process.

Details

Conflict and Forced Migration
Type: Book
ISBN: 978-1-83867-394-9

Keywords

Abstract

Details

International Journal of Migration, Health and Social Care, vol. 4 no. 3
Type: Research Article
ISSN: 1747-9894

Abstract

Details

International Journal of Migration, Health and Social Care, vol. 4 no. 3
Type: Research Article
ISSN: 1747-9894

Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…

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Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Open Access
Article
Publication date: 11 November 2019

Maysa Abbas Ayoub

This paper aims to understand the discrepancy between Germany’s immediate positive response to the so-called “Europe 2015's refugee crisis“ and the strict asylum legislation…

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Abstract

Purpose

This paper aims to understand the discrepancy between Germany’s immediate positive response to the so-called “Europe 2015's refugee crisis“ and the strict asylum legislation adopted in Germany in the following year.

Design/methodology/approach

The discrepancy is attributed to external and internal forces. The external force is Germany’s obligation to adhere to the Common European Asylum System. The internal force is the role of the different policy actors. The paper focuses on the role of the media as an example of a private policy actor. Through adopting the theory of the social construction of target populations, the paper studies how the media constructs “asylum seekers”, the target of the new asylum legislation. The role of the media is analyzed using the methodology of qualitative content analysis of a selected number of newspaper articles.

Findings

The majority of the studied articles problematized receiving and hosting refugees and focused on the reason behind migration differentiating between asylum seekers fleeing conflict areas and all others who might be abusing the asylum channel. The findings of the content analysis, as such, resonate with the amendments that focused on facilitating the integration of accepted “refugees” but restricted further entry. As such, it could be argued that these findings explain the influence of the media on the amendments and as such provide an explanation to the discrepancy between the initial response and the amendments.

Research limitations/implications

The analysis focused on one newspaper. The findings, as such, are not representative. The aim is only to provide an example of how the German media dealt with the refugee crisis and to suggest using the theory chosen by the paper to analyze the link between asylum legislation and the construction of asylum seekers. To understand how asylum legislation is influenced by how asylum seekers are constructed, more studies are needed. Such studies could analyze the role played by other media outputs and/or the role played by other policy actors in constructing the target of the policy.

Originality/value

The media’s response is based on analyzing a sample of newspaper articles published by a German newspaper following the so-called 2015 refugee crisis. Accordingly, the findings represent an original endeavor to understand how the media reacted to the crisis.

Details

Review of Economics and Political Science, vol. 8 no. 6
Type: Research Article
ISSN: 2356-9980

Keywords

Article
Publication date: 16 June 2022

Jeremy Julian Sarkin and Tatiana Morais

This paper argues that intersectionality ought to be a vital tool to identify and recognise those who are refugees. It provides a useful way to distinguish refugees from migrants…

Abstract

Purpose

This paper argues that intersectionality ought to be a vital tool to identify and recognise those who are refugees. It provides a useful way to distinguish refugees from migrants as well as making it possible to screen for asylum seekers who are at greater risk of experiencing specific vulnerable situations, such as sexual and gender-based violence. This study therefore argues that intersectionality is useful for risk assessment processes as well as for triggering special protection mechanisms.

Design/methodology/approach

This research article draws from a cross-cultural empirical study conducted in Greece, Uganda, and Israel on problems asylum seekers and refugees face in host countries.

Findings

It is argued that while it is important to identify and screen for asylum seekers who have survived or are at greater risk of experiencing sexual and gender-based violence to provide special protection, it may lead to what has been called a “categorical fetishism”, in this case, applied to vulnerability. Such stigmatising and disempowering perceptions of refugees and their experiences may lead to the view that there are “good” refugees and asylum seekers who are worthy of protection, as opposed to “others”.

Originality/value

This original empirical article provides a new way of examining issues of refugee status determination to ensure fairer ways of doing so.

Details

International Journal of Migration, Health and Social Care, vol. 18 no. 3
Type: Research Article
ISSN: 1747-9894

Keywords

Book part
Publication date: 4 November 2021

Amy Dickinson

According to the United Nations High Commissioner for Refugees, the world is experiencing the greatest refugee crisis in recorded history alongside increasingly restrictive limits…

Abstract

According to the United Nations High Commissioner for Refugees, the world is experiencing the greatest refugee crisis in recorded history alongside increasingly restrictive limits on asylum seekers and refugees. In 2020, the US administration established a ceiling for refugees of 18,000 people, the lowest number on record, and only 11,814 refugees were admitted to the United States. The Biden administration has expressed commitments to building a coherent asylum and refugee system and quickly reversing recent detrimental policies. But the administration has cautioned how quickly change might occur, given how “agencies and processes…have been so gutted.”1

2016 to 2020 included an overwhelming series of changes to laws and policies affecting asylum seekers, often with little documented planning or communication, wreaking severe effects on conditions for asylum seekers at the US–Mexico border. These changes had significant consequences for human rights, most notably the linchpin right of access to information. At the US–Mexico border, must the right “to seek, receive and impart information” be fulfilled in order to fulfill the right to asylum?

While information professionals are not expected to be experts in law, they are experts in understanding the link between access to information and the realization of justice and human rights. This chapter investigates the role of the information professional in the fulfillment of the right to asylum, particularly in the context of contemporary asylum seekers at the US–Mexico border, volatile information landscapes, and the legal and historical framework in the United States for seeking asylum.

Details

Libraries and the Global Retreat of Democracy: Confronting Polarization, Misinformation, and Suppression
Type: Book
ISBN: 978-1-83982-597-2

Keywords

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