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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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.

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This page is a summary of: Evaluating ‘Life Steeped in Power’: Non-Domination, the Rule of Law and Spatial Restrictions for Irregular Migrants, Hague Journal on the Rule of Law, October 2020, Springer Science + Business Media, DOI: 10.1007/s40803-020-00147-x.
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