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Department of Philosophy
Graduate Research Seminar

Caroline Stampone Oliveira: 'Justice and Refugees: A Critique of David Miller’s Account of What Rich States Owe to Refugees'

What do European states owe to refugees as a matter of justice?

A line of Syrian refugees crossing the border of Hungary and Austria on their way to Germany. Hungary, Central Europe, 6 September 2015
Illustration photo: A line of Syrian refugees crossing the border of Hungary and Austria on their way to Germany. Hungary, Central Europe, 6 September 2015
Photo:
Wikimedia Commons

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According to David Miller states owe special duties to ‘genuine’ refugees, that is, those whose human rights are under threat as long as they stay where they are. Miller claims that rich states are morally obliged to contribute only with their fair share to the protection of refugees. In this paper, I argue that Miller’s definition of refugeehood is flawed, because it fails three groups of vulnerable people who should have the right to be protected by states in the form of refuge. Moreover, in my view, Miller’s theory also fails genuine refugees, because it prioritizes the states right to compatriot partiality over the states obligations towards refugees. Contrarily to Miller, I do believe that the fulfilment of a state’s duty of justice towards refugees is one where duties of global justice must be prioritized over duties of social justice.