Migration, State, and Law: Examining Border Violence and Healthcare

This essay critically assesses the legal issues surrounding border violence, referencing current examples at state borders, and explores the challenges faced by ethnic minority and migrant women in accessing healthcare, particularly during the Coronavirus pandemic. It discusses international and do...Read More

Migration State and Law

Table of Contents
Introduction .........................................................................................................................................2
Main Body............................................................................................................................................3
Question 1: Critically assess the legal issues facing ‘border violence’ by reference.......................3
to current examples at state borders?..............................................................................................3
Question 2: ‘Coronavirus shows how hard it is for ethnic minority and migrantwomen to access
healthcare’. Explain?.......................................................................................................................7
Conclusion .........................................................................................................................................10
References ..........................................................................................................................................11
Introduction
The Global Migration Law establishes their IOM Unit for strengthening and promoting
public exposure within legislation and their equivalent of foreign legitimate regulation which
regulates movement and safeguard their interest of every individual dealing with issues related to
conveyance. Therefore, law of migration administer regulation and publicity linking with
international rules. This is also attached with most common facet which is Worldwide Human
Rights. It does not provide detailed across the border legitimate tool at global standard. This
introduces formulation of structure for governing of such motion. The domestic framework is
administered by enforcement of International regulations establishment which involves their duty,
authorities,obligatory actions,sole authority of person migrating to other region. These law are
incorporated connecting via various states managing their relationship by negotiating and
practising which are enshrine in lawful constricting many-sided and two-sided agreements or pact
which also includes tools which are not binding in nature. The prime element of such rules are
International Heavy for Safe, compiled by law and uniform movement. These instruments which
does not binds itself from legislation is keystone of Global law(Aliverti, 2020). It is considered as
cross jurisdictional negotiating accord which covers entire aspect of foreign motion. There is
emergent requirement for addressing refugees rights, protections with regards to fulfilment of their
needs and promotion of interest underlying need for exercising supreme powers by State authorities
which are mentioned as major concern by IOM constituting association establishment. The
constitutional provisions and decisions laid by committee including documentation of guidelines
underlined various strategies aiming Migration Administration in accordance to IML relating to
foreign regulation and rules established by law. This report confers legal issues arisen with respect
to border violence and current situation of state border facing varied problems. Further, it elaborates
about pandemic impact on healthcare safety regulation by ethnic minorities and women who are

unable to access medical services.
Main Body
Question 1: Critically assess the legal issues facing ‘border violence’ by reference
to current examples at state borders?
The statistics shows from the data that large number of people have encountered death while
crossing territories of varied regions which has been seen in past few years where foreign borders
has made it complicated and difficult with regards to motion to other countries. The UK-EU Brexit
deal where votes were filed by United Kingdom for leaving the association of Europe separating
their area of jurisdiction from them. Where in America the leaders of Parliament constructed a wall
for securing their territory while some other areas non migrant governmental organization were
increasing. It has been argued by various scholars that Western territories have brought numerous
rate of death of people migrated to other countries where nationals had chance and access of
resources containing large number of people living in period of globalisation. Where the object of
individuals were more inclined towards their liberty to migrate in distinct areas(Becker and
Fetzer,2018).
The word violent borders is referred by many authors as migratory course of world written material
on various initiative working in order to achieve safety at International and National borders of
various countries. This effected large number of migrators moving from one place to another where
unfortunate people were not allowed by fortuity of birth to slum area habitation in poorly
decolonise universe,the luxurious travelling without any restriction or problem, exploitation of
consortium with regards to inexpensive working class and negligent environment standard. With the
development of delimitation and resourcefulness in-closure, the life expectancy rate of refugees was
linked with climatic condition,degradation of surroundings conditions and growing concern of
international financial condition discrimination.
There is a powerful conditional relation between the establishment of national and motions of
refugees at larger scale which arises from inexplicable source without communicating such actions
by countries with migrators and displaced individual. It was laid down by state complying wiuth
Benedict Anderson view, that hypothetical union of people sharing same sense of identification and
substituting their allegiance for one another above third person intervention. In such case structure
of state based on composition of legislative, executive,judiciary,administrators, military and various
other areas. It generally holds dominance for violent actions and is obliged to protect,regulate and
redistribute assets(Greenberg,et.al, 2020). The international institution are hardly harmonious with

domestic countries which may involve certain past and current instances. When Germans was
attached with Poland territories during such era internal enmity duration among Hungary,Quebec
and Russia in recent scenario. Th national are known by their boundary limitation which externally
comprises limitation of supreme authority within their administration, locality and their existence
within such border permits the person for claiming protection of foreign states. Even subsequent to
industrious attempt for finding alternative base of Citizenship where position has absence of logical
reasoning,authorities, ethical force in external area of nationals. All forms of rights are enjoyed by
citizens which involves political, social, civil,economical factors. The agreement between national
regions has authority to summon by citizens in order to claim their politic security and in return
government can demand allegiance of their people towards them which involves obligatory
provision for risking their life and face death(Fitzek, 2021).
The network of global migrators regulatory standard has improved and grown after Second World
War interaction relating to provision of state in complicated means. The concept of non –
refoulement duties imposition defined under UN Conventions of 1951 which discusses about
position of refugee and Conventional Protocol in year 1967 establishes in detail limiting the
supreme powers of nation legal effect. The domestic countries does not holds powers to make
transfer of displaced individuals from territories where fright,fearfulness or any kind of insecurity
on grounds of racial, religious, belief, nationality, political view,being member of union and so on.
It comprehends the concept which deals with ideas of refugees in Convention of 1951,which
elaborated theoretical opinion and practices inscrutable with global regime method.
It also outlines the connection between person displacing, nations and boundary of particular
territory where such state confers domination of Weberian conducting violent actions and exclusive
potential for safeguarding their human rights which in exchanges defines their limitation with
certain exclusion proviso regarding supreme authority of nationals holding obligation towards their
people residing within territories or settled in foreign countries. The power of authorities is limited
internally as there are several restriction for regulating the interest of citizen outside its territory. For
example sentenced drug dealer worldwide. There are various challenges faced by person displaced
to other country for seeking asylum where the provision of non refoulement and procedure to claim
sanctuary or shelter obligating state. They are lever when such person reaches the boundary of
country and request for shelter within their territorial extension. The petition for the same includes
various detail information about their lasting residential address and rights claimed by their people
in the state where it is displaced which is deemed to promote liberty and has egalitarian form of
government. It faces various issues in settling such unknown nation deportation which arises on
grounds of economical, legally, socially, ethically and various other constraints making such person

uncomfortable . The concept of refugees has both legal and moral implications they are compelled
migrators regulated by UN Convention of 1951 where individual seeking asylum can be sole person
or associations with regards to their identification and position(Leone,et.al, 2020).
The Australia in the year 2001 came up with Pacific Solution initiative where refugees who were
hunting shelter were proceeded to funding centre of detainment at Nauru and Manus Islands which
took proper care of displaced individuals providing them adequate treatment which enlarged the
regulation of legal instruments. Further, argued by many authors and thinkers opposing such
initiative reporting its impact and resulting in violation of human rights. The authorities have failed
to abide rules regarding right to sanctuary which lead to systematized and unionised rupture of their
sole rights where nation shall be liable for such criminal act. This is defined under one of the facet
of criminology analysing relation criteria between guidelines of country and offence in general.
Whereas, European Union front most framed certain criteria taking abusive measures which
opposes displaced person and migrators engaging in criminal actions which firstly emerges or
originates during similar time period as Australian authority enacted. The provisions of Rome
Convention outlined in year 2002 where the individuals moving towards territory of Europe
encountered anti-impunity discussion arguing initiating with endeavour in criminal activities like
human trafficking instead of putting directly alleging countries for their guidelines enforced and
policies made against their border regulation.
The law makers of Rome Convention contemplates the crime of human trafficking under article 7
clause 2 of sub – clause [c] defining enslavement where person has ownership over 0other
individual with regards to trafficking which was initiated in era of 21st century stating discussion of
anti-impunity whose object was for safeguarding the displaced person and migrants from such
engagement of offence referring to global regulation of criminal legislation. This scheme went to
another level giving birth to feminism culture where females were victimised of sexual violent act
which was pushed towards direction of crime regulatory body which attracted controversial
statement within such occurrence. Whereas, the enforcing guidelines of boundaries over each
countries national or global adapted to combat against such offender exercising smuggling in
activities which are bending in direction of anti-impunity. This represented consistent trespass all
over the national boundaries which eliminates wrongdoer in gradual motion to become prime
priorities of Europe border administration(MacClancy, 2019).
The year 2010 reported Human Rights accusing Ukraine of usage with regards to torturing
instruments which are opposing individuals seeking shelters. This mainly highlights the function of
territories of nations outside the national jurisdiction of European Union which evolved initiation
towards ill behaviour. This mainly observes notification for enabling them to migrate inside the

territorial part of EU but this lead for underlying violent act in outer part of Europe.
There are various associations where institution which does not have global representation accusing
Greece which is exposed to seek the shelter seekers with regards to torment and brutal conditions
which degrade relating to treatment .
The territories of Greece relative notion prescribes approachable from countries like Iraq and Syria
placing current polity consequence consistently growing complying with respect to America.
These accusation and torturous actions of country had resulted evolution of impunity which
examines duty of national authorities arising criminal act . One of the critical ruling laid down by
the European Human Right Council in the case of MSS v. Belgium and Greece, the tribunal avoided
homecoming to territories of Greece from rest of the Europe associations due to the situations in the
nations resulted in violence as stated under article 3 of EU Conventions of Human Right which in
general strictly prohibited such inhumane and torturous actions by any individual on specific person
or group which leads to degradation of human kind. This judgement of the court was interpreted
further that such cruel and corrupting management of people seeking shelter was uncontrolled in
detainment centre of Greeks. The provisional clause of Article 7 stated under Rome Convention
that sentencing is referred as breach of fundamental regulations of global legislation which is
portion of diverse and methodical attacks which directs opposing of any non-combatant people.
This comprises crime against humanity which notifies military disagreement is not essentially
required in attacks like these. Therefore, from the analysis and findings of this scenario it has been
laid that Global Criminal legislations with respect to this regulatory body recommends that offence
against humankind was in this committed opposing people seeking asylum in territories of Greece.
The fusion of International human rights and Criminal regulation confers enclose opinion with
regards to growth of guidelines which is segment of commonplace uniform pattern for enforcing
border rules which are gross offence which are seen in nations formulated in violence.
The International court of Criminal law attorney has stated explaining the institutional functions of
UN Security Council which inquired about the concern related to grave and far-flung spread of
offence opposing displaced person and migrators who had attempted to move towards Libya which
remarkably known as market hub of smuggling of humans acting as if they have ownership upon
them. There are numerous numbers of females and minor infants who are weak and incapable
detained in confinement at various detention centres which are set all over the territorial limits of
Libya which states about barbarous status. It was further seen that UN Security Council has
observed that Global tribunal of Criminal law does not authorise actions in Libyan country which
was diversely reported worldwide as criminal actions conducting violence. In furtherance to such
crime EU performers aided crime in the victimised nation. Such actions of EU actors may lead their

capacity expressly in offences.
The global trend displays the focus of remarkable mistake which arises among developing and fully
developed nation which in exchange of initiation resulting anti-impunity at international level. It
shows instances at global criminal courts prosecuting for seeking assertion obligating against breach
of rights in issues of Rohingya expatriate who moved to Myanmar where ICJ has ruled arguing
endeavour unifying issues stating tentative measures which would avoid offence relating to
genocide opposing minorities of Myanmar territory. This concern has also been debated regarding
Syrian deported individuals(Sebastian, 2019.).
Question 2: ‘Coronavirus shows how hard it is for ethnic minority and migrantwomen to access
healthcare’. Explain?
The emergence of pandemic has stated that discrimination does not exist or prevails in
society but in reality the virus attracted the attention which discusses about inequality prevailing in
health security department which is evident for many years in past showing its impact on people.
The population of United Kingdom belonging to background of ethnic minority have reported
increasing number of death rates from covid19. It has been report about less number of white
individuals dying from such disease. The first motility of the pandemic has hiked entirely showing
numbers of death which has caused great impact on life expectancy resulting in death which is more
commonly seen in people generally displacing or disposing from one region to another. This
number is very less in case of locals residing in UK territories. This outbreak of virus has majorly
influenced males and female of distinct groups distinctively displays 40% death report of men
whereas impact of Covid19 on woman is unambiguous and does not shows any clarity. In case of
women are more likely to be effected forcefully which may involves concerns like employment
securities, raking care of their children,mental degradation and issues.
This has been clearly interpreted that cross-way of particular person gender , racial and migration
position which raised numerous concern specifically in order to witness such issues regarding
healthcare. The journal promulgates influence of pandemic for availing services of health and
medical treatment in various institution of England which consistently focussed on ethnic minority
and females migrated to foreign land. Therefore, certain constraint are specified by women who
were deprived to access health safety in times of Covid19. This crises has lead to display
consequence resulting in suspending equivalent access for approaching National Healthcare
Services association which guaranteed locals of UK to grant similar chance for availing medical
benefits. It must rather prioritise the sufferer direct contact with virus(Wakisaka and
Cardwell,2021). For instance – showing the capacity of cancer diagnosed victims and non urgency

appointive surgery was stayed. It disrupts the provisional aspect which underlines the highlighted
concern to avail healthcare for minorities of ethnic group and migrated females which
approximately assess women 55% of pregnant patient who in custody of institution sue to coming
in contact with Covid19 in month of March and April by placing them in high risk situations where
major and critical complication may arise.
The cultural minorities and migrated females were specifically weak due to health and safety
partiality and racial belief system. It involves misconception laid by non-white individuals having
great abilities for coping with painfulness or ailment. Prior to coming in contact with such disease
Prior to pandemic outburst the issues not addressed by the experts of medical institution ignoring
them completely. The women were regarded as one of the most popular victims these group of
people represents limiting in entailment of services with regards to particular maternal aid and
attentions providing proper care. The reports of 2018 displays that black females in the British
country and Asian women are considerably in maximum probability have chances five times where
cause of death is due to pregnancy which is more in numbers than white individuals. Where reports
cited various examples showing where women death is caused after performing or taking heath
related services in various organization dying due to pain which was not further inquired or
complied by authorities(Walsh,2020). The females group of individual are one who have transferred
to foreign land in vulnerable state suffering from not proper and appropriate procedures or services
by surgeons who lack in prenatal caution. It lead to rise probability that minors will make certain
development in some health related issues itself which entrenches negative influence on another
contemporaries.
Although, constraints accessed with regards to medical aid which are absent physically are often in
many situations leads to ethnic obstacle which manifested women resulting in lack of confidence
where problems which arise for availing prescribed treatment , attention, not being conscious of
backup which is available to such individuals. It is referred as medical illiteracy which displays
erroneous representation that females are regarded as concern in medical institutions. The concept
of health non awareness has degraded and does not support minority section of cultural background
and women migrated to unknown territory to access mainstream field of interest. This resulted
rather situations relying them on their association and being dependent for services on them(Wardle,
and Obermuller,2019).
These females who have moved from one place to another had to face one of the most popular
obstacles which are economical and financial constraints which resulted for finding shelter access
which in terms requires charging of particular fixed amount of money for registering and availing
such treatment which are not applied to people being locals of such territory or non migrators. The

sum paid by such vulnerable section of people migrating in detainment centre for getting proper
care face issues like low wages or earning which is not proportionately affects females due to their
involvement in low paying sectors which are generally in case where they are sole guardian taking
due care of child. The fee structure and other concerning facts relating to insecurity for migration
position which refers to increment in numbers of migrators position which specifically refers to
non access of prescribed medical services in previous decade and coming in contact with upcoming
peril where it involves in the divisional aspect of higher risk potential. It particularly is concerned
with regards to pandemic influence which resulted communication with virus which includes
degradation in health issues(Wielogórska and Ekwobi, 2020).
The migrated females also faces issues like domestic violence where falling under violent and toxic
relation with other individuals which is been non equivalent rising in numbers during Covid19
outbreak. This displays domestic abuse hike in graph importantly during house detention. It
remarked as troubling reports where females were completely ignored from the category of refugees
deported to another land. The reason behind such actions of authorities was due to their inability to
speak English as a medium of language holds more significance further tolerating violent act of
their partner. Therefore, such abusing relation of spouse of such other person meant females being
avoided from availing of medical services. Moreover, compelling such person to stay and tolerate
such abuse for receiving immigration status as reliance of such woman is on their partner in such
case.
The general consequence on health of common people arisen where it shows chances for looking at
closer perspective which affects the issue or concerns relating to female health services and specific
condition requires individuals which involves minority of cultural category and migrated women in
general. In recent circumstances these intervention with regards to care displays ethnic access
approaches which does not transform in equivalence efforts of work. It consistently shows non
equal influence on culture minority and migrated women which was worsening during the
pandemic impact(Wray, Kofman and Simic, 2021).

Conclusion
This report confers detail description about the border violence explaining the concept and
stating legal issues which arises at the boundaries of territory national and international level. It
elaborates about various instances of nation state disagreement identifying various convention
scheme, initiative and global trends in such respect. Furthermore, it talks about lack of health care
department in providing services to vulnerable section especially to females and children and issues
faced by them in such context of varied nation transferring as refugee to foreign land and worsening
their condition.

References
Aliverti, A., 2020. Patrolling the ‘thin blue line’in a world in motion: An exploration of the
crime–migration nexus in UK policing. Theoretical criminology, 24(1), pp.8-27.
Becker, S.O. and Fetzer, T., 2018. Has Eastern European Migration Impacted UK-born
Workers?. University of Warwick, Department of Economics.
Fitzek, S., 2021. Problems and solutions of Romanian migration in UK, Germany and
Austria during 2020. Jurnalul Practicilor Comunitare Pozitive, 21(1), pp.59-70.
Greenberg,et.al, 2020. How might the NHS protect the mental health of health-care
workers after the COVID-19 crisis?. The Lancet. Psychiatry, 7(9), p.733.
Leone,et.al, 2020. Experience of mobile nursing workforce from Portugal to the NHS in
UK: influence of institutions and actors at the system, organization and individual
levels. European journal of public health, 30(Supplement_4), pp.iv18-iv21.
MacClancy, J., 2019. Before and beyond Brexit: political dimensions of UK lifestyle
migration. Journal of the Royal Anthropological Institute, 25(2), pp.368-389.
MacClancy, J., 2019. Migration of nurses from Kerala to UK a socio-economic
study (Doctoral dissertation, Cochin University of Science and Technology).
Sebastian, R., 2019. Political Economy of Migration From Kerala: The Case of
International Migration of Keralite Nurses To UK. Think India Journal, 22(33), pp.144-
152.
Wakisaka, D. and Cardwell, P.J., 2021. Exploring the trajectories of highly skilled
migration law and policy in Japan and the UK. Comparative Migration Studies, 9(1), pp.1-
18.
Walsh, P.W., 2020. Irregular migration in the UK. The Migration Observatory, 11.
Wardle, H. and Obermuller, L., 2019. “Windrush generation” and “hostile environment”:
symbols and lived experiences in Caribbean migration to the UK. Migration and
Society, 2(1), pp.81-89.
Wielogórska, N.L. and Ekwobi, C.C., 2020. COVID-19: What are the challenges for NHS
surgery?. Current Problems in Surgery, 57(9), p.100856.
Wray, H., Kofman, E. and Simic, A., 2021. Subversive citizens: using EU free movement
Law to bypass the UK’s rules on marriage migration. Journal of Ethnic and Migration
Studies, 47(2), pp.447-463.