Gardens of Justice – Critical Legal Conference 2012

July 18, 2012 § Leave a comment

At the beginning of June I took a four week holiday to travel through California. Just before I left I received the fantastic news that my abstract ‘Asylum Seekers and the Welfare State: A Social Dystopia?’ had been accepted for the Critical Legal Studies Conference in Stockholm, in September, a conference that I was particularly keen to attend.

To put my abstract into context, I will present my paper in the welfare stream, the theme of which is the ‘welfare state as a social utopia?’  When I initially read the stream information for the conference I was excited at the prospect of entering an abstract as the ideas floated by the stream organiser’s mirrored topics I wished to explore in my thesis. The stream itself is heavily focused on ideas of solidarity, exclusion, equality and the utopian ideal to which the welfare state can aspire.

Despite gaining experience of presenting conference papers at the SLSA and Queen Mary Postgrad conferences, each conference is unique and presents its own challenges, which continues to test my confidence! Though this is a relatively new area of examination for me, I am enjoying exploring postmodern ideas within literature and forming nihilistic arguments of laws which I find arbitrary, ineffective and inhumane.

After four weeks of Californian sunshine, exhilaration and discovery, returning to research is both exciting and daunting, but I am grateful for the opportunity to present my ideas at such a fascinating and interesting conference. For now, the reading continues and then begins the formidable task of translating my thoughts and ideas into a conference paper.

The abstract for my paper is cited below and I will update the blog with a reflection after the event.

‘Asylum Seekers and the Welfare State: A Social Dystopia?

The redistribution of resources through the English welfare State is fundamentally an expression of national solidarity, which provides for the indigent members of society. However this form of solidarity is stratified on the basis of immigration status which, it will be argued, overlooks social need in defining the responsibilities of the welfare State. As a result, a hierarchy of entitlement and rights exists.

Despite international and European legal verification for the occupancy of asylum seekers within the sovereign State, NGO studies show that this group including those whose applications have been refused, suffer from systematic poverty, prejudice and inadequacy and in some instances abject destitution.

This paper will examine the welfare provision for asylum seekers and refused asylum seekers within this context.  The paper will use a hypothetical case study to outline the current support system for asylum seekers and refused asylum seekers, whilst at the same time accounting for the experiences, history and consciousness of applicants. It will stress that applicants are not only discriminated against in their exclusion from the national welfare framework but also experience the detrimental and compounded effects of intersectional grounds of discrimination, which can then impact further upon rights.

It aims to consider the boundaries of ‘solidarity’ within the current welfare system and whether those boundaries should be extended to include asylum seekers and refused asylum seekers. With reference to the case study, human rights and cosmopolitanism I will consider how  and why this is necessary even within ‘the factual reality of given society’.

Katie Bales

Photo Credit:

SHARPSHOOTA.com – NYC street photography

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