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Refugee Discrimination – The Good, the Bad, and the Pragmatic
Author(s) -
Oberman Kieran
Publication year - 2020
Publication title -
journal of applied philosophy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.339
H-Index - 30
eISSN - 1468-5930
pISSN - 0264-3758
DOI - 10.1111/japp.12448
Subject(s) - refugee , politics , racism , race (biology) , set (abstract data type) , political science , sociology , law , law and economics , gender studies , computer science , programming language
This article addresses three questions. To what extent does the current refugee regime discriminate among refugees? When is such discrimination wrong? Could discrimination ever be justified pragmatically, for the sake of admitting more refugees given political constraints? In answer to the first question, it finds discrimination is rampant. There is the kind of discrimination that gets noticed: discrimination that states choose to enact within the refugee regime. But there is also a kind of discrimination that is missed: discrimination that is a product of the regime itself. The second question proves tricky. Matters are clear at the extremes. Discrimination based on need is permissible. Discrimination based on race or religion is not. In between, we have a set of hard cases that are more difficult to judge. The article searches for relevant criteria. Finally, on the last question, the article concludes that a political leader could be justified in enacting discrimination as a pragmatic response to political constraints but that, even on such occasions, discrimination remains wrongful.