Irregular Migration Ethical-philosophical comments. ESF Project Trafficking for forced labour in industries other than the sex industry across Europe 3 rd Workshop, Trinity College Dublin 21-22 February 2008. An Verlinden CEVI, Ghent University. Irregular migration – some numbers.
ESF Project Trafficking for forced labour in industries other than the sex industry across Europe
3rd Workshop, Trinity College Dublin
21-22 February 2008
CEVI, Ghent University
(10 to 15% of the total migrant population)
Low risks - high returns
Rise in irregular migration, THB & forced labour
1. Sovereignty versus human rights
Are foreigners fellow men?
2. Practice versus law
How to treat irregular migrants (victims of THB)?
Control on admission through immigration policy
soft law public order
knowledge of rights labour market
access to legal assistance social security
State security or human security?
Humanitarianism or justice?
Emphasis on possible disruptive consequences of illegal
Emphasis on physical integrity & personal freedom
human migration policy taking into account migrants’ needs
2. The Solidarity dilemma
National community is normative foundation for societal
participation & solidarity
Duty of humanitarian assistance towards irregular migrants
Territorial boundaries are morally arbitrary
Duty of justice towards irregular migrants/victims of THB
legal framework – macro-level (state)
citizens versus non-citizens
application/interpretation of the law – social practices within civil society contexts
the foreigner as fellow man
Feasibility versus humaneness
The extent of duties towards irregular migrants/victims of THB
abstract legal framework – illegality as crime – procedures – common good – feasibility
efficient & effective expulsionpolicy towards irregular migrants in view of legitimacy
application of the law – problem-solving oriented – human contact – individual well-being – humaneness & desirability
real assistance out of humanitarianism
2. Professional and moral duties
application of the law in one’s official capacity
rationality – rules
out of concrete encounter with the other – moral appeal
conscience – duties
What is a crime from a strictly legal point of view
can be aid or assistance from a social ethics
point of view.
And what can be justified in terms of a social or public ethics, can be fully immoral from an individual point of view.
The immigration paradox in practice