Description
Voting Rights of Refugees develops a novel legal argument about the voting rights of refugees recognised in the 1951 Geneva Convention. The main normative contention is that such refugees should have the right to vote in the political community where they reside, assuming that this community is a democracy and that its citizens have the right to vote. The book argues that recognised refugees are a special category of non-citizen residents: they are unable to participate in elections of their state of origin, do not enjoy its diplomatic protection and consular assistance abroad, and are unable or unwilling, owing to a well-founded fear of persecution, to return to it. Refugees deserve to have a place in the world, in the Arendtian sense, where their opinions are significant and their actions are effective. Their state of asylum is the only community in which there is any prospect of political participation on their part.
Chapter
Part I Status and Rights of Recognised 1951 Convention Refugees in International Law
1 Recognised CSR1951 Refugees in Context
B Migration Control and State Sovereignty
C CSR1951 Refugees as a (Qualified) Exception to Migration Control
D Recognition: Beyond Non-uniform Interpretation
E After Recognition: Conditional Protection from Expulsion
2 Rights of CSR1951 Refugees and Citizenship Voting Qualifications
B Interrelations between CSR1951 and the ICCPR
C Political Activities of Refugees under the CSR1951
D Refugee Rights under CSR1951 and the ICCPR
E Electoral Participation under the Migrant Workers Convention
F The (Failed) Attempt to Create a ‘Protected Person’ Status in International Law
Part II Interrelations between Voting and State Citizenship
3 Perspectives on the Meaning and Purposes of Voting Eligibility
B Voting Eligibility and Political Community Membership: Prelude
C The Fundamentality of Voting for Individuals: Four Grounds
D Functions of Voting: Protection and Non-domination
E The Electoral Process and Social Decision Making: Three Perspectives
F ‘Cultural Relativity’ Challenges and Electoral Rights
G ‘Core’ and ‘Penumbra’ of Rights
4 Perspectives on the Meaning and Purposes of State Citizenship
B The Multi-dimensional Character of State Citizenship
D ‘Republican’ Perspectives
E ‘Communitarian’ Perspectives: An Intermediary?
5 Citizenship Voting Qualifications: Normative Appraisals
B Citizenship Voting Qualifications in Historical Context: US Case Study
C The Interrelations between Citizenship and Enfranchisement: Three Positions
D Citizenship Voting Qualifications: Six Contentions
Part III Political Predicament and Remedies
6 Out-of-Country Voting: The Recognised CSR1951 Refugee Context
B Out-of-Country Voting of Voluntary Migrants
C Out-of-Country Voting of Conflict Forced Migrants
D Out-of-Country Voting of CSR1951 Refugees
7 Protecting Recognised CSR1951 Refugees outside Their States of Asylum
B Locating Protection of Nationals Abroad in General International Law
C The Pedigree of State Protection Abroad
D The Potential Emergence of a Qualified Duty to Protect Nationals Abroad
E CSR1951 Refugees as Persons in Need of International Protection
F The ‘Nationality of Claims’ Requirement: CSR1951 Refugees as a Special Case
8 Enfranchisement of Recognised CSR1951 Refugees in Elections of Their States of Asylum
B The Enfranchisement Rationale
C The Fundamentality of Voting: Citizenship Voting Qualifications Revisited
D Recognition, Integration, and Public Resistance
Voting Rights of Refugees
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