The value of the concept of discrimination in contexts of migration: the case of structural discrimination

Abstract

This article considers the question of the value and limits of the concept of discrimination for the ethics of migration by drawing attention to the need for a conceptualization of discrimination that can encompass forms of group-based disadvantage that are enabled and reproduced by the three central norms of our contemporary regime of global migration governance: the state’s right to unilateral control over its border regime, birthright citizenship and rights of (re)entry to one’s own state, and the individual right to leave a state. I sketch an historical account of the forging and yoking together of these norms as bound up with the history of European imperialism and argue that they function to enable the reproduction of the advantage of states of the Global North. I illustrate this argument by reference to the example of the transnational migration of medical professionals from sub-Saharan Africa and argue that this may amount to structural discrimination against the human right to health of the populations of these states of emigration before considering two responses to this condition: ‘no recruitment’ and ‘no disadvantage’.