Are There Moral Duties toward Refugees? Considerations in Legal Ethics

In the political and legal debate surrounding international refugee law, moral considerations play a large important role. It often turns out, however, that ethical reflection is not rooted deep enough. At first, it necessary to demonstrate justify principle, on which argumentation based. There are different theories, among them utilitarian, egalitarian, eudemonistical, deontological approach. These approaches lead or at least can results concerning question of what duties states their citizens have toward refugees. The article supposed show only approach sufficient appropriate in order deliver well-founded ethics basis rights. protection an assistance needy people, but prohibition torts, namely, particular, violation human This inadequately reflected because here damage as such foreground, from people flee, reasons why they mistreated by persecutors. damage-oriented clarifies for status between persons need protection, who already reached territory country refuge those not. former qualified holder subjective right be exposed dangers fled from, while latter principle appeal compassion humanity possible helpers. However, boundary “inside” “outside” shifts according expansion de facto sphere power acting person state. may also create position rescued ship sea whose living travel conditions essentially determined state outside its territory. shows furthermore refoulement ban has considered mere side-aspect asylum core content. asylum, cannot separate beside list rather integral part every (“fundamental”) right. one hand redundant long protect against rights violations. relevant context solidarity. Finally, shown national case law insufficient focused threatening torture inhuman degrading treatment, meanwhile, neglects other