Book contents
- European Societies, Migration, and the Law
- European Societies, Migration, and the Law
- Copyright page
- Dedication
- Contents
- Figures and Tables
- Contributors
- Preface
- Acknowledgements
- Abbreviations
- 1 European Societies, Migration, and the Law
- Part I Making the ‘Other’ – The Construction of ‘Otherness’
- Part II The Operation of Legal ‘Othering’ and the National–Foreigner Dichotomy in the EU
- 6 The Rights of ‘Others’ in Domestic Constitutions
- 7 Hierarchies of Privilege
- 8 Alienation of ‘Second Generation Turkish Dutch’ in the Name of ‘Integration’
- 9 Different Levels of ‘Legal Otherness’ in the Context of Expulsion and Entry Bans
- 10 The Non-national as ‘The Other’
- Part III After the Arrival of the ‘Others’ – Reactions to the ‘Refugee Crisis’ of 2015
- Part IV ‘Othering’ in the EU
- Part V European Societies, ‘Otherness’, Migration, and the Law
- Bibliography
- Index
10 - The Non-national as ‘The Other’
What Role for Non-discrimination Law?
from Part II - The Operation of Legal ‘Othering’ and the National–Foreigner Dichotomy in the EU
Published online by Cambridge University Press: 13 November 2020
- European Societies, Migration, and the Law
- European Societies, Migration, and the Law
- Copyright page
- Dedication
- Contents
- Figures and Tables
- Contributors
- Preface
- Acknowledgements
- Abbreviations
- 1 European Societies, Migration, and the Law
- Part I Making the ‘Other’ – The Construction of ‘Otherness’
- Part II The Operation of Legal ‘Othering’ and the National–Foreigner Dichotomy in the EU
- 6 The Rights of ‘Others’ in Domestic Constitutions
- 7 Hierarchies of Privilege
- 8 Alienation of ‘Second Generation Turkish Dutch’ in the Name of ‘Integration’
- 9 Different Levels of ‘Legal Otherness’ in the Context of Expulsion and Entry Bans
- 10 The Non-national as ‘The Other’
- Part III After the Arrival of the ‘Others’ – Reactions to the ‘Refugee Crisis’ of 2015
- Part IV ‘Othering’ in the EU
- Part V European Societies, ‘Otherness’, Migration, and the Law
- Bibliography
- Index
Summary
This chapter argues that non-discrimination law can and should offer enhanced protection against legal ‘othering’ of foreign nationals in the EU. It starts from the premise that some states offer much better value, in terms of rights, resources, and ultimately life chances, than others. Once this unequal distribution is brought into the picture, it becomes clear that nationality functions as a mechanism of exclusion vis-à-vis nationals of ‘low value’ states (and stateless persons) whose access to rights and resources is limited both in countries of origin and in ‘high value’ states where they are not recognised as (full) members. Relying on recent theories of non-discrimination law that focus on stigmatisation as a root cause of discrimination, this chapter proposes to combine increased scrutiny of nationality as a stigma-carrying attribute with due regard for its legitimate function in maintaining viable political communities.
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- European Societies, Migration, and the LawThe ‘Others' amongst ‘Us', pp. 192 - 210Publisher: Cambridge University PressPrint publication year: 2020
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