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The value of the concept of discrimination in contexts of migration: the case of structural discrimination

The value of the concept of discrimination in contexts of migration: the case of structural discrimination
The value of the concept of discrimination in contexts of migration: the case of structural discrimination

This article considers the question of the value and limits of the concept of discrimination for the ethics of migration by drawing attention to the need for a conceptualization of discrimination that can encompass forms of group-based disadvantage that are enabled and reproduced by the three central norms of our contemporary regime of global migration governance: the state’s right to unilateral control over its border regime, birthright citizenship and rights of (re)entry to one’s own state, and the individual right to leave a state. I sketch an historical account of the forging and yoking together of these norms as bound up with the history of European imperialism and argue that they function to enable the reproduction of the advantage of states of the Global North. I illustrate this argument by reference to the example of the transnational migration of medical professionals from sub-Saharan Africa and argue that this may amount to structural discrimination against the human right to health of the populations of these states of emigration before considering two responses to this condition: ‘no recruitment’ and ‘no disadvantage’.

Discrimination, empire, global migration governance, imperialism, migration, power, structural discrimination, structural injustice
1654-4951
9-26
Owen, David
9fc71bca-07d1-44af-9248-1b9545265a58
Owen, David
9fc71bca-07d1-44af-9248-1b9545265a58

Owen, David (2024) The value of the concept of discrimination in contexts of migration: the case of structural discrimination. Ethics and Global Politics, 17 (2-3), 9-26. (doi:10.1080/16544951.2024.2361564).

Record type: Article

Abstract

This article considers the question of the value and limits of the concept of discrimination for the ethics of migration by drawing attention to the need for a conceptualization of discrimination that can encompass forms of group-based disadvantage that are enabled and reproduced by the three central norms of our contemporary regime of global migration governance: the state’s right to unilateral control over its border regime, birthright citizenship and rights of (re)entry to one’s own state, and the individual right to leave a state. I sketch an historical account of the forging and yoking together of these norms as bound up with the history of European imperialism and argue that they function to enable the reproduction of the advantage of states of the Global North. I illustrate this argument by reference to the example of the transnational migration of medical professionals from sub-Saharan Africa and argue that this may amount to structural discrimination against the human right to health of the populations of these states of emigration before considering two responses to this condition: ‘no recruitment’ and ‘no disadvantage’.

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Accepted/In Press date: 27 May 2024
e-pub ahead of print date: 1 September 2024
Keywords: Discrimination, empire, global migration governance, imperialism, migration, power, structural discrimination, structural injustice

Identifiers

Local EPrints ID: 495396
URI: http://eprints.soton.ac.uk/id/eprint/495396
ISSN: 1654-4951
PURE UUID: 45f3bbf2-4387-4b9a-96f9-3a3660d61dbc
ORCID for David Owen: ORCID iD orcid.org/0000-0002-8865-6332

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Date deposited: 12 Nov 2024 17:58
Last modified: 13 Nov 2024 02:34

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