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2 results

  • Chapter 4 - Muslim Bans

  • Gillian Brock, University of Auckland
  • Book:
    Justice for People on the Move
    Published online:
    30 January 2020
    Print publication:
    20 February 2020, pp 64-87

  • Summary

    Chapter 4 spotlights migration policy that seeks to exclude by limiting those who practice certain religions from gaining admission to a territory. We consider: What is wrong with a ban on Muslims? Is a ban on Muslims impermissible because it violates human rights? While some think it is difficult to make such arguments directly, this chapter offers an argument that is grounded in core aspects of the practice of human rights. Drawing on core elements of the argument discussed in Chapter 3 concerning the conditions states must satisfy in order to exercise power legitimately, we see that there are important internal and contribution requirements that enacting a Muslim ban fails to meet. Indeed, a legitimate state cannot embrace a migration policy that bans Muslims from being admitted without such policies undermining the state’s claim to legitimacy.

Justice for People on the Move
  • Migration in Challenging Times
  • Gillian Brock
  • Published online:
    30 January 2020
    Print publication:
    20 February 2020
  • By executive order, the US adopted an immigration policy that looks remarkably similar to a Muslim ban, and threatened to deport long-settled residents, such as the so-called Dreamers. Our defunct refugee system has not dealt adequately with increased refugee flows, forcing desperate people to undertake increasingly risky measures in efforts to reach safe havens. Meanwhile increased migration flows over recent years appear to have contributed to a rise in right-wing populism, apparently driving phenomena such as Brexit and Trumpism. In this original and insightful book Gillian Brock offers answers and tools that assist us in evaluating current migration policy and in helping to determine which policies may be permissible and which are normatively indefensible. She offers a comprehensive framework for responding to the many challenges which have recently emerged, and for delivering justice for people on the move along with those affected by migration.