Introduction
Seyla Benhabib 2004. ‘The law of peoples, distributive justice, and
migrationsʼ, Fordham
E. Tendayi Achiume 2021. ‘Digital Racial Bordersʼ, AJIL Unbound 1
Benhabib: Critique on Rawls
R. ignores the idea of migration and assumes that “the peopleˮ is a unity in
which we are born into and die in
Kant: Ius cosmopoliticum: all moral persons were members of a world-
society in which they could potentially interact with one another
R. fails to argue for a distinction between peoples and states
Rawls about migration:
if you let people migrate to your country it will eventually not be feasible
migration results in loss of political control and culture
without inequality there is no need for immigration
Theory of just membership Benhabib)
moral claim of refugees to first admittance
porous borders for immigrants
the right to have rights
Implementation in Law
Global Compact for Migration (para 15 sovereign right to state but in
accordance with international law
non-regression: legal protections of public welfare and
individual rights, once established, cannot be subjected
to erosive roll backs
International Convention on the Protection of the Rights of All Migrant
Workers and Members of their families:
Introduction 1
, Racial Digital borders (Achiume 2021)
core and intended function of borders- to discriminate
directly on the basis of nationality
indirectly: race, class, gender
neocolonial borders: concept of borders today retains a colonial power
dynamic, where exclusion based on race is perpetuated through policies
disguised as nationality or national security concerns
digital racial borders: Technologies like machine learning, biometric
databases, and predictive analytics are used in immigration and asylum
processes. These systems often amplify existing racial biases by using
seemingly neutral data that disproportionately affects non-White
populations.
borders are not equal to everyone (for some harder to get visa for example)
Discussion: Open borders- for and against
For: freedom of movement, human rights, cultural exchange and
innovation, lesser inequality by giving opportunity to better jobs and
healthcare
Against: strain on public services and the welfare state, cultural and
social tensions, security and law enforcement challenges
Introduction 2
, Right to Family
Betty de Hart (forthcoming), How Race and Gender function in European
Migration law
Lister, Matthew, 'The Rights of Families and Children at the Border', in
Elizabeth Brake,
Case law: ECtHR, Abdulaziz, Cabales and Balkandali v United Kingdom
Legal Framework and Practical Issues in the Right to Family
Life
The right to family life, though recognized by several international legal
instruments, does not entail an unrestricted right to family reunification. Courts
have affirmed that states maintain sovereignty over immigration controls, with
specific rules and conditions applied to family reunification cases.
Schengen Area and Border Control The Schengen Zone typically permits
free movement without internal border checks. However, under Schengen
Visa Code Art. 25 sec 4, states can reintroduce temporary border
controls, as seen in Austriaʼs case CJEU C368/20 and C369/20, despite
EU principles prioritizing free movement.
International Law and Family Reunification Rights:
UNCRC Art. 101 Prioritises a child's right to family unity and obliges
states to handle reunification requests expeditiously and humanely.
Convention on Migrant Workers Art. 22 Prevents collective expulsion
of migrant families and emphasizes individual assessments.
ECHR Article 8 Recognizes the right to family life but allows states to
impose lawful and necessary limitations based on public safety,
economic welfare, or public health.
Philosophical Perspectives on Family Reunification
Philosophers like Matthew Lister and Joseph Carens explore ethical dimensions
of family reunification policies, including conditions imposed by states.
Matthew Lister's View on Family-Based Immigration:
Right to Family 1
Seyla Benhabib 2004. ‘The law of peoples, distributive justice, and
migrationsʼ, Fordham
E. Tendayi Achiume 2021. ‘Digital Racial Bordersʼ, AJIL Unbound 1
Benhabib: Critique on Rawls
R. ignores the idea of migration and assumes that “the peopleˮ is a unity in
which we are born into and die in
Kant: Ius cosmopoliticum: all moral persons were members of a world-
society in which they could potentially interact with one another
R. fails to argue for a distinction between peoples and states
Rawls about migration:
if you let people migrate to your country it will eventually not be feasible
migration results in loss of political control and culture
without inequality there is no need for immigration
Theory of just membership Benhabib)
moral claim of refugees to first admittance
porous borders for immigrants
the right to have rights
Implementation in Law
Global Compact for Migration (para 15 sovereign right to state but in
accordance with international law
non-regression: legal protections of public welfare and
individual rights, once established, cannot be subjected
to erosive roll backs
International Convention on the Protection of the Rights of All Migrant
Workers and Members of their families:
Introduction 1
, Racial Digital borders (Achiume 2021)
core and intended function of borders- to discriminate
directly on the basis of nationality
indirectly: race, class, gender
neocolonial borders: concept of borders today retains a colonial power
dynamic, where exclusion based on race is perpetuated through policies
disguised as nationality or national security concerns
digital racial borders: Technologies like machine learning, biometric
databases, and predictive analytics are used in immigration and asylum
processes. These systems often amplify existing racial biases by using
seemingly neutral data that disproportionately affects non-White
populations.
borders are not equal to everyone (for some harder to get visa for example)
Discussion: Open borders- for and against
For: freedom of movement, human rights, cultural exchange and
innovation, lesser inequality by giving opportunity to better jobs and
healthcare
Against: strain on public services and the welfare state, cultural and
social tensions, security and law enforcement challenges
Introduction 2
, Right to Family
Betty de Hart (forthcoming), How Race and Gender function in European
Migration law
Lister, Matthew, 'The Rights of Families and Children at the Border', in
Elizabeth Brake,
Case law: ECtHR, Abdulaziz, Cabales and Balkandali v United Kingdom
Legal Framework and Practical Issues in the Right to Family
Life
The right to family life, though recognized by several international legal
instruments, does not entail an unrestricted right to family reunification. Courts
have affirmed that states maintain sovereignty over immigration controls, with
specific rules and conditions applied to family reunification cases.
Schengen Area and Border Control The Schengen Zone typically permits
free movement without internal border checks. However, under Schengen
Visa Code Art. 25 sec 4, states can reintroduce temporary border
controls, as seen in Austriaʼs case CJEU C368/20 and C369/20, despite
EU principles prioritizing free movement.
International Law and Family Reunification Rights:
UNCRC Art. 101 Prioritises a child's right to family unity and obliges
states to handle reunification requests expeditiously and humanely.
Convention on Migrant Workers Art. 22 Prevents collective expulsion
of migrant families and emphasizes individual assessments.
ECHR Article 8 Recognizes the right to family life but allows states to
impose lawful and necessary limitations based on public safety,
economic welfare, or public health.
Philosophical Perspectives on Family Reunification
Philosophers like Matthew Lister and Joseph Carens explore ethical dimensions
of family reunification policies, including conditions imposed by states.
Matthew Lister's View on Family-Based Immigration:
Right to Family 1
