Refugee law and states' obligations

Refugees--Legal status, laws, etc.;Asylum, Right of;Human rights

Walker, Jessica ; Hope, Simon ; Hope, Simon

University:University of St Andrews

Department:Philosophical, Anthropological & Film Studies (School of)

关键词: Refugees--Legal status, laws, etc.;    Asylum, Right of;    Human rights;   

Others  :  https://research-repository.st-andrews.ac.uk/bitstream/handle/10023/16743/JessicaWalkerMPhilThesis.pdf?sequence=2&isAllowed=y

来源: DR-NTU

【 摘 要 】

The current legal definition of the term ‘refugee’ fails to recognise the centrality of refugees’ hardship and in doing so draws morally arbitrary distinctions between different types of refugees. I use Wiggins’ 1987 paper to give us reason to think that hardship ought to be central to morality. From here I make hardship the core of a modified legal definition of the term ‘refugee’. Then I explore moral obligations that states have to refugees in virtue of their hardship. First, I ask whom states are obligated to and show that the only morally relevant distinguishing feature between refugees is the ‘level’ of hardship they experience. Second, I ask what kinds of moral and legal obligations states have to refugees. I argue that states’ moral obligations to ‘give refuge’ are perfect duties and that states’ legal obligations differ for different types of refugees.