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The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.
The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.
FINALIST FOR THE BOOKER PRIZE & WINNER OF THE L.A. TIMES BOOK PRIZE FOR FICTION and THE ASPEN WORDS LITERARY PRIZE “It was as if Hamid knew what was going to happen to America and the world, and gave us a road map to our future… At once terrifying and … oddly hopeful.” —Ayelet Waldman, The New York Times Book Review “Moving, audacious, and indelibly human.” —Entertainment Weekly, “A” rating The New York Times bestselling novel: an astonishingly visionary love story that imagines the forces that drive ordinary people from their homes into the uncertain embrace of new lands, from the author of The Reluctant Fundamentalist and the forthcoming The Last White Man. In a country teetering on the brink of civil war, two young people meet—sensual, fiercely independent Nadia and gentle, restrained Saeed. They embark on a furtive love affair, and are soon cloistered in a premature intimacy by the unrest roiling their city. When it explodes, turning familiar streets into a patchwork of checkpoints and bomb blasts, they begin to hear whispers about doors—doors that can whisk people far away, if perilously and for a price. As the violence escalates, Nadia and Saeed decide that they no longer have a choice. Leaving their homeland and their old lives behind, they find a door and step through. . . . Exit West follows these remarkable characters as they emerge into an alien and uncertain future, struggling to hold on to each other, to their past, to the very sense of who they are. Profoundly intimate and powerfully inventive, it tells an unforgettable story of love, loyalty, and courage that is both completely of our time and for all time.
A Finalist for the 2019 Kirkus Prize in Nonfiction "Nayeri combines her own experience with those of refugees she meets as an adult, telling their stories with tenderness and reverence.” —The New York Times Book Review "Nayeri weaves her empowering personal story with those of the ‘feared swarms’ . . . Her family’s escape from Isfahan to Oklahoma, which involved waiting in Dubai and Italy, is wildly fascinating . . . Using energetic prose, Nayeri is an excellent conduit for these heart–rending stories, eschewing judgment and employing care in threading the stories in with her own . . . This is a memoir laced with stimulus and plenty of heart at a time when the latter has grown elusive.” —Star–Tribune (Minneapolis) Aged eight, Dina Nayeri fled Iran along with her mother and brother and lived in the crumbling shell of an Italian hotel–turned–refugee camp. Eventually she was granted asylum in America. She settled in Oklahoma, then made her way to Princeton University. In this book, Nayeri weaves together her own vivid story with the stories of other refugees and asylum seekers in recent years, bringing us inside their daily lives and taking us through the different stages of their journeys, from escape to asylum to resettlement. In these pages, a couple fall in love over the phone, and women gather to prepare the noodles that remind them of home. A closeted queer man tries to make his case truthfully as he seeks asylum, and a translator attempts to help new arrivals present their stories to officials. Nayeri confronts notions like “the swarm,” and, on the other hand, “good” immigrants. She calls attention to the harmful way in which Western governments privilege certain dangers over others. With surprising and provocative questions, The Ungrateful Refugee challenges us to rethink how we talk about the refugee crisis. “A writer who confronts issues that are key to the refugee experience.” —Viet Thanh Nguyen, Pulitzer Prize–winning author of The Sympathizer and The Refugees
Includes statistics.
Up-to-date and comprehensive, this book is an integration of the biological, cultural and historical dimensions of population movement.
This book investigates the hostile environment and politics of visceral and racial denigration which have characterised responses to refugees and migrants within the UK and Europe in recent years. The European ‘migrant crisis’ from 2015 onwards has been characterised by an extremely intimidating atmosphere which denies the basic humanity of refugees and migrants. Deep rooted in Western Enlightenment trajectory, this racially-driven politics is linked to the Western theories of scientific superiority which went on to become the basis of eugenics and coloniality as part of modernity. Focusing on the ‘migrant crisis’, Brexit, and the impacts of the global pandemic, this book unpicks the waves of crises and neuroses about the ‘Other’ in Europe and the UK. The chapters analyse the rhetoric of camps, refrigerated death lorries, the notion of channel crossings and ‘accidental’ drownings, the formation of relationship with border architecture such as the razor wire, and corporeal resistance in detention centres through hunger strike. In examining such specific sites of rhetorical articulation, policy formation, social imagination, and its incumbent visuality, the chapters deconstruct the intersection of dominant ideologies, power, knowledge paradigms (including the media) as part of the public sphere and their combined re-mediation of the dispossessed humans in the shores and borders of Europe. This important interdisciplinary volume will be of interest to researchers of migration, humanitarianism, geography, global development, sociology and communication studies.
Now more than ever, questions of citizenship, migration, and political action dominate public debate. In this powerful and polemical book, Gregory Feldman argues that We Are All Migrants. By challenging the division between those considered "citizens" and "migrants," Feldman shows that both subjects confront disempowerment, uncertainty, and atomization inseparable from the rise of mass society, the isolation of the laboring individual, and the global proliferation of rationalized practices of security and production. Yet, this very atomization—the ubiquitous condition of migrant-hood—pushes the individual to ask an existential and profoundly political question: "do I matter in this world?" Feldman argues that for particular individuals to answer this question affirmatively, they must be empowered to jointly constitute the places they inhabit with others. Feldman ultimately argues that to overcome the condition of migrant-hood, people must be empowered to constitute their own sovereign spaces from their particular standpoints. Rather than base these spaces on categorical types of people, these spaces emerge only as particular people present themselves to each other while questioning how they should inhabit it.
The first publication to outline the complex global story of human migration and dispersal throughout the whole of human prehistory. Utilizing archaeological, linguistic and biological evidence, Peter Bellwood traces the journeys of the earliest hunter-gatherer and agriculturalist migrants as critical elements in the evolution of human lifeways. The first volume to chart global human migration and population dispersal throughout the whole of human prehistory, in all regions of the world An archaeological odyssey that details the initial spread of early humans out of Africa approximately two million years ago, through the Ice Ages, and down to the continental and island migrations of agricultural populations within the past 10,000 years Employs archaeological, linguistic and biological evidence to demonstrate how migration has always been a vital and complex element in explaining the evolution of the human species Outlines how significant migrations have affected population diversity in every region of the world Clarifies the importance of the development of agriculture as a migratory imperative in later prehistory Fully referenced with detailed maps throughout