Coercive practises in Dutch migrant shelters and the rule of law

What is it about?

This article consists of two parts. In the first part I use republican theory to identify the standards that are necessary to limit domination by the state. In the second part I apply these standards to coercive practises in Dutch migrant shelters. Migrant families without legal residence in the Netherlands are housed in 'family shelters', where they have to report to the authorities every day at noon. I examine whether there is a sound legal basis for this obligation, and to what extent migrants can hold the authorities accountable for this exercise of coercion. I conclude that on both issues, the daily reporting obligation falls short of the standards that are necessary to limit domination.

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Photo by Karim MANJRA on Unsplash

Photo by Karim MANJRA on Unsplash

Why is it important?

Coercive practises as regards migrants are often examined from the perspective of human rights law. Human rights law, however, only provides limited protection for irregular migrants. I argue that non-domination is a kind of freedom that should be available for all and provides irregular migrants with more protection against coercive practises than human rights law does.