Partiality Theory - Coursework Example

Running head: Partiality Theory Partiality Theory In the year 1951, convection, which related to the refugee’s status and application of partiality theory application, was held. It was from this convention that the meaning of the word refugee was derived1. As such, the term refugee was described as a person who becomes unwilling to make him/herself available for the protection of his country owing to a fear of him being prosecuted. That person tends to fear that, that prosecution maybe based on reasons pertaining to his nationality, being member of a certain opinion regarding political issues, race or even for being outside of the country in which he is a member of2. On the other hand, there are some world’s population of refugees that is either impossible or impractical to first find their way into a neighbouring country and then later from there, seek resettlement3. One of the reasons for this could be that the countries neighbouring the conflicted country are not part or are not signatories to the laws applying internationally, which are supposed to ensure that those individuals are safe in those neighbouring countries4. Moreover, it could be that the escapees would not be safe especially if that country showed sympathy to the prosecutor regime. As such, those individuals are referred to as asylum seekers. Partiality theory, as used in issues concerning refugees and asylum seeking, exists as a virtue making up contemporary or present international systems. As such, these international systems give states a right in deciding which individuals will be admitted for entrance and who will not. Still, the term encompasses the individuals, who have been granted a permission to remain by being given an exceptional leave or even have been given an indefinite leave to remain. In regards to the past two decades, issues pertaining to migration have been a major as well as a top concern to the public. As such, it is a weighty issue mostly in the UK, across Europe and in most industrialized countries across the world5. Therefore, contextualisation, which tend to be taken in response to refugees as well as asylum seekers within a range of measures, which are broad in nature, do relate to visitors and migrants to various countries in the world especially in across the UK. As such, the Governments themselves tend to seek integration of measures, which it takes in response to the refugees and the asylum seekers within those broader policies associated with migration. Still, there emerges significant merging involving several categories of migrants, refugees as well as asylum seekers in the context of the press coverage as well as in the public imaginations6. The purpose of this discussion is to access how partiality theory is applied in countries in deciding who enters the country and how it reduces the chances of vices after entrance of refugees and asylum seekers. Where questions arise concerning the admittance of foreigners to membership and the disturbance caused to the current lifestyle as well as the citizens’ commitment share, an account for the partiality theory usually tends to give the best answers. As such, a tremendous amount of individuals entering the state either legally or illegally would lead to social vices and misdemeanours such as; tensions and racial violence, infrastructure are placed into extreme pressure, liberal and democratic institutions undermined and even jeopardizing the law and order in a country. In a number of cases, new settlers tend to threaten the capability to fulfil the responsibilities of these states, which are fundamental in an effort to satisfy the basic needs as well as the requirements of security for its citizens. New policies, operational guidelines as well as laws plethora have been introduced in many countries signified in the recent years and thus suggesting a continuity of uncertainty in relation to how the issues concerning refugees and the asylum seekers as well as migration in general are addressed. According to partiality theory, the asylum conflation that seeks with the association on criminality, evasiveness and the resultant mistrust culture can be attributed to the great work in undermining the efforts, which concern legitimacy in regards to those individuals who seek to escape persecution genuinely. A powerful influence on the perceptions of the characters associated with the asylum seekers and the refugees’ stems over the informal as well as official perceptions. As such, the view stands rooted deeply in the publicly held understanding towards foreigners. For instance, Thomas Hobbes, a philosopher in political English embarked on efforts to justify the obedience to the contemporary state to the audience of the seventeenth century who were divided and ridden with conflicts. As such, the philosopher placed a role of the state in the delivery of security at his centred arguments7. According to him, the sovereign will do anything it considers necessary to do in an effort to preserve the security and peace. It does this by preventing discord coming from the home citizens as well as hostility coming from citizens from foreign countries8. Modern days are characterised by specified judicial limits in regards to the authority of the state. As such, the state would be granted a prerogative by just a limited number of people to perform actions that it sees or thinks necessary to ensure that there is a prevalence of peace at home. Concerning the British system, the expansion of detention, administration as well as foreigner’s deportation procedures largely depict the use o f trials by the military towards some fighters from the Taliban community, which will be held at Guantanamo are nothing more than cases in point. It is from the application of partiality theory that a widespread indifference patterns shown by the public towards such treatments, which are in nature discretionary, are usually linked to the view pertaining to the foreigners posing as threats. This is a bias, as the refugees do not exist as an ordinary foreigner. Moreover, it is very ironical to see a refuge as a threat and yet they passed through the formal ways as spelled by partiality. Due to the violations in human rights as well as violent conflicts that ensue in many third world countries, a person escapes and enters into another country and thereby titled as a refugee. In this case, he is a clean person and must not be considered as a threat. As such, he has come with clean hands in need of security. Presence of refugees states that countries do sink in oppression, torture and violence9. They act as representatives of such undesirable social conducts and as such, it is not a wonder that they are in most times construed to being instability and insecurity carriers, which led to their first instance departure10. About the individuals fleeing the barbaric social vices, reactions towards them tend to typically involve mixed sympathetic feelings towards their plights as well as concerns that those refugees might be carrying diseases that tends to wrack their society11. As such, discomfort feelings towards a refugee are in most cases translated to mean security concerns. In the same line of thoughts, refugees are seen as a threat due to their anonymity. As such, those individuals who seek asylum are usually considered dangerous since the countries, which they are moving to lack adequate knowledge concerning their intentions and backgrounds. This kind of a concern is usually different from the aspect of the refugee being seen as a threat due to their characters. The concern arising from the anonymity of both the asylum seekers as well as the refugees is often rooted in the channels through which they make use of in entering the western countries12. It therefore necessitates a state to apply the partiality theory in an effort towards ensuring that the right individuals enter in the country. In most cases, those people who seek asylum do generate concerns as they are foreigners and as such, the state has an obligation, governed by the international law, to allow entrance irrespective of the fact that the state might not have had a vetting, intentions examination and screening opportunities. In most cases, states admit asylum seekers and later, do these formalities on them. Even though this is the case, concerns still remains as in some cases, individuals with ill intentions will have a chance to slip into the country through the net of the security and thus giving them the chance to wreak havoc in the country. In this context, it is unsurprising that the asylum seeker has indeed gathered the attention of the individuals responsible with maintenance of the state as well as the security of the society13. Questions do emerge on the way to account for the issues regarding the security concerns aimed at responding to states, which incorporates a system of liberal democracy, towards the refugees and asylum seekers. As such, partiality theory states that countries should first ensure that a generalised fear imposed on the citizens by presence of refugees usually based on the character is separated from those concerns, which has a potential of being more legitimate, based on the anonymity about the individuals seeking asylum14. This separation process necessitates a state to ensure that their concerns, on the grounds of security, are subjected to the scrutiny of the same kind as presently being applied to those claims in regards to the asylum seekers15. More suffering as well as deaths is usually the reasons in ensuring that the costs of asylum are restrictive in partiality theory. This is usually because of the claims that the refugees are often subjected to scrutiny, which is often too rigorous. Instead of taking these claims at its value, the western states often set refugees on procedures, which are elaborate in nature in an effort to proof that those refugees, if returned, the security would be under threat16. As such, these states aim at separating those refugees who are in a real need for protection from the individuals who would turn out to use asylum in an effort to serving others. Those who are in real need for protection are catered for, more urgently. In regards to issues pertaining health status and social care, there is neither clarity nor certainty among the health service providers concerning eligibility of the asylum seekers to access the secondary healthcares. Consequently, concerns arise about the health problems of these groups of individuals. The major concern on the grounds of the health of asylum seekers and refugees pertains to pregnancy issues. There exist strong proofs, which aim to signify that asylum seekers face difficulties17. In most cases, a commission is set up in an effort to recognize the need for cooperation between the regional countries. The main reason for this is to ensure that protection of the rights concerning the human rights of those individuals seeking an asylum as well as the refugees is strengthened while still paying respect to legitimate interests of the sovereign of the states, which have been affected. However, that commission is usually faced with serious reservations about the Governments opting to transfer the individuals seeking asylum to countries considered as third world countries18. There are concerns that the arrangements in these third world countries may lead to breach of the state’s obligations quoted under the Convention of the refugees s well as other treaties associated with human rights applied internationally. A country, such as Australia, by international standards, receives a limited number of asylum seekers. In most cases, and in most countries, seeking asylum is not regarded as illegal19. Rather, it is indeed a right pertaining to a human being. As such, all persons, irrespective of the status are entitled to provision of protection concerning their human rights. This is also meant to include the right for asylum seeking irrespective of where or how those individuals arrived in that country. In a global perspective, the individuals seeking an asylum, for instance those reach the shores of the U.S do not in most instances travel while in isolation. Rather they are part of the overall vast migration patterns occurring globally. In most cases, many of the migrants can be said to have pulled to developed world countries in a bid to secure either education or employment. As such, those kinds of migrants are referred to as economic migrants. Most of the individual asylum seekers are faced with plenty of difficulties in an effort to meet the certain requirements20. Refugees are always in a rush to leave their countries of residence and since they often go far, they are faced with a mountain to climb as they lack documented evidence or witnesses to prove their identity, the dangers awaiting them when they go back or even the reason why they decided to leave their country. As such, they only have their testimony to aid them in convincing the authorities of the country they are seeking refuge to. 21Therefore, the decision maker acts as the guardian angel since it is up to him to determine if the testimony told is adequately enough, detailed sufficiently or justifiable for him to grant an asylum but he must follow the stipulated directions as spelled out by partiality theory22. From the analysis of the discussion above, application of partiality theory is important in admitting migrants in a country. As such, the freedom to choose who become a refugee and an asylum seeker and who does not is vital, as it exists as the basis to which many ill motive migrants are despised. By application of partiality, social vices as well as other hardships that a state might experience due to presence of refugees will be less and thereby having a secure and healthy nation. Bibliography Dalton, D., Refugees and Asylum Seekers (Cengage Lerning 2005) Healey, J., Refugees and Asylum Seekers (Springer 2006) Dalton, D., People on the Move Refugees and Asylum Seekers (Pearson Education 2006) Donnellan, C and Smiley, S., Refugees and Asylum Seekers (Independence Educational Publishers 2004) Gibney, MJ. The ethics and politics of asylum: liberal democracy and the response (Cambridge University Press 2005) Read More