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Border Justice Issues

Decent Essays

The very notion of a nation state, imagines for many people, feelings of warmth and protection, a home, groups of people all tied through social, ethnic, economic, and historical bonds. To protect these associations, borders in combination with judicial powers give the nation-state authority to decide who can enter the country. This essay looks closely at the connections between a nation states immigration and border procedures and whether these policies are just and fair, or they in fact, incompatible with the concepts of equality, rights, and justice. Looking specifically at the policies and border controls of those countries now known as the EU and the UK. Whilst also evaluating the experiences of the various categories of migrant, for instance, …show more content…

In his book The Rights of Men Paine suggested that “Every generation is equal in rights to the generations which preceded it, by the same rule that every individual is born in equal rights with his contemporary” (Paine, 1998 [1791], p. 117, cited in Morris and Shipman, 2015, p.20). This passage evokes a sense of liberty for individuals and a sense of unity for groups of individuals that make up what are known as states or nation states. The free movement principle is the foundation upon which the European Union has used to create parity and a sense of unity between nations and the citizens that make up the Union. Has this law managed to deal with the issue of immigration in a just and fair manner or has it, in fact, created, inequalities and, social justice issues? The Schengen Agreement, (1986) is a supranational level of policy, allowing for the free movement of European people anywhere within the Union (Garner and Watson, 2015, p.215). This legal entry system allows those categorised as economic …show more content…

An umbrella of opportunity is open to everyone sharing in the ideals of equality, justice, and rights, the open borders policies of the state characterise these three concepts naturally. However, as Nancy Fraser points out, those on the outside of this policy, such as those seeking asylum and refugees have difficulty accessing these natural concepts, they are restricted, the state’s decision to differentiate has created clear human rights violations. Punitive policies such as those used in the UK, directly conflict with the concepts of justice, equality, and rights, denying freedom of movement and participation in civic society. The idea of open borders, promote global economic equality, positive cooperation, and accessibility to prosperity. International migration means states must change, develop more inclusive policies concerning who can enter. Modernisation and consistency in migration policies will ensure the state will carry out its natural duty to protect the inalienable Human Rights that all men, women, and children are bestowed

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