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Posts tagged Germany
States Against Migrants: Deportation in Germany and the United States

By Antje Ellermann

In this comparative study of the contemporary politics of deportation in Germany and the United States, Antje Ellermann analyzes the capacity of the liberal democratic state to control individuals within its borders. The book grapples with the question of why, in the 1990s, Germany responded to vociferous public demands for stricter immigration control by passing and implementing far-reaching policy reforms, while the United States failed to effectively respond to a comparable public mandate. Drawing on extensive field interviews, Ellermann finds that these cross-national differences reflect institutionally determined variations in socially coercive state capacity. By tracing the politics of deportation across the evolution of the policy cycle, beginning with anti-immigrant populist backlash and ending in the expulsion of migrants by deportation bureaucrats, Ellermann is also able to show that the conditions underlying state capacity systematically vary across policy stages. Whereas the ability to make socially coercive law is contingent on strong institutional linkages between the public and legislators, the capacity for implementation depends on the political insulation of bureaucrats.

Cambridge, UK; New York: Cambridge University Press, 2009. 214p.

Human Trafficking in Germany: Strengthening Victim’s Human Rights

By Petra Follmar-Otto Heike Rabe

The idea that human trafficking leads to contemporary forms of slavery and that it must be considered a human rights violation has now gained acceptance. At the same time, it can be said that combating human trafficking is still primarily understood and approached as a crime reduction issue. In that context, trafficked persons are seen as sources of information and potential witnesses in court proceedings. However, they play only a marginal role as subjects with their own legal rights. Although the law has long allowed victims to participate in criminal court proceedings as part of an accessory prosecution procedure (Nebenklage) and to claim wages, compensation, and damages for pain and suffering, a corresponding legal practice in Germany has not become established. Advisory services and assistance are lacking, and pragmatic ways to improve the chances of success in court have hardly been tested. This situation is unacceptable from the viewpoint of human rights. Exercising legal rights goes beyond the hoped-for – and often desperately necessary – material compensation and also holds a great deal of symbolic importance for trafficked persons. This is a way for them to regain their sense of being independent subjects, often after having long experienced a total loss of self-determination over their own lives. Active advocacy for one’s own rights offers an opportunity to restore and increase awareness of one’s own self-worth. However, the chances of success are minimal without advice and assistance along this arduous path. The first part of this publication identifies needed im - provements in the way trafficked persons are treated and derives specific policy recommendations from them. The second part discusses options for the creation of a legal aid fund that can provide advisory services and assistance to trafficked persons to increase their willingness to exercise their legal rights and their prospects of success. Supporting measures such as education and information are also included. The German institute for Human Rights hopes that this publication will promote the progress of a human rights approach to combating human trafficking, particularly in German legal practice.

Berlin: German Institute for Human Rights, 2009. 97p.

Refugees and the Violence of Welfare Bureaucracies in Northern Europe

Edited by Dalia Abdelhady, Nina Gren, and Martin Joormann.

Given the significant similarities and differences between the welfare states of Northern Europe and their reactions to the perceived 'refugee crisis' of 2015, the book focuses primarily on the three main cases of Denmark, Sweden and Germany. Placed in a wider Northern European context – and illustrated by those chapters that also discuss refugee experiences in Norway and the UK – the Danish, Swedish and German cases are the largest case studies of this edited volume. Thus, the book contributes to debates on the governance of non-citizens and the meaning of displacement, mobility and seeking asylum by providing interdisciplinary analyses of a largely overlooked region of the world, with two specific aims.

Manchester University Press, 2020. 244p