As well as implicating the fugitives in criminal and often highly exploitative activities, the people smugglers help to blur the line between asylum seeker and migrant. As the Australian government is quick to emphasize, the boat people arriving in Australia are rarely coming directly from the country in which they fear persecution. In most cases, they have tried to find refuge in the countries they passed through; sometimes their voyage has been more or less direct. There is often a grain of truth in even the most alarmist rhetoric in those seeking to vilify the asylum seeker (Mary Crock in “Fenced Out, Fenced In, pp 45-46)
How can there be genuine democratic participation and control over society if a small minority of the world’s population monopolizes the wealth and, moreover, can block the poor from fleeing destitution or persecution? I suggest that both democracy and social equality demand the right of all people to move wherever they choose around the world; the right to live, work and study wherever they choose, enjoying the political, civil and social rights and benefits available to all (Michael Head in “Fenced Out, Fenced In, pp.120)
Make reference to :
– The relevant constitutional, statutory and common law
– Principles of logic and legal reasoning
– Any relevant scientific and social science data
– One or two of the following ethical approaches: natural law, legal positivism, liberalism, utilitarianism, Marxism
– Proposals for changes or reform
– Own considered conclusions and/ or suggestions
References:
– Law in Perspective generally, but especially Chapters 21 and 22
– Fenced Out, Fenced In
Credit:ivythesis.typepad.com
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