The Integration and Protection of Immigrants: Canadian and Scandinavian Critiques

252 Pages·2014·1.397 MB·English

by  Paul Van Aerschot, Patricia Daenzer

The InTegraTIon and ProTecTIon of ImmIgranTs
The contributors to Van Aerschot and Daenzer’s comparative analysis of four immigrant-receiving
nations provide a rich and detailed portrait of the complex interplay of integration policies,
welfare regimes, and national labor needs. The book adds appreciably to our understanding of the
challenge of diversity in the world’s liberal democracies.
Peter Kivisto, augustana college, Usa
In a context of tense debates influenced by neoliberal ideology this well researched, thought
provoking, thoughtful and compelling volume edited by Paul Van Aerschot and Patricia Daenzer
offers new answers to new questions on immigration. Anyone interested in the genuine integration
and protection of immigrants from a socio-legal perspective will benefit from reading these essays
in which authors call for the protection of human capital with more humane and coherent outcomes.
maroussia hajdukowski-ahmed, mcmaster University, canada
The protection of immigrants is a key challenge for contemporary welfare states. This timely and
important volume offers a critical assessment of the policies designed and implemented to this
purpose in Northern Europe and Canada. It highlights the importance of developing legal and
institutional provisions that balance societal interests and individual rights.
Peter a. Kraus, University of augsburg, germany
Law and migration
Series Editor
satvinder s. Juss, King’s college London, UK
migration and its subsets of refugee and asylum policy are rising up the policy agenda at national
and international level. current controversies underline the need for rational and informed debate
of this widely misrepresented and little understood area.
Law and Migration contributes to this debate by establishing a monograph series to encourage
discussion and help to inform policy in this area. The series provides a forum for leading new
research principally from the Law and Legal studies area but also from related social sciences. The
series is broad in scope, covering a wide range of subjects and perspectives.
Other titles in this series:
Asylum – A Right Denied
A Critical Analysis of European Asylum Policy
helen o’nions
978-1-4094-0409-5
Regional Approaches to the Protection of Asylum Seekers
An International Legal Perspective
edited by ademola abass and francesca Ippolito
978-1-4094-4297-4
Immigration, Integration and the Law
The Intersection of Domestic, EU and International Legal Regimes
clíodhna murphy
978-1-4094-6251-4
Migrants and the Courts
A Century of Trial and Error?
geoffrey care
978-1-4094-5196-9
Migration, Work and Citizenship in the Enlarged European Union
samantha currie
978-0-7546-7351-4
Refugee Law and Practice in Japan
osamu arakaki
978-0-7546-7009-4
The Integration and Protection of
Immigrants
canadian and scandinavian critiques
Edited by
PaUL Van aerschoT
University of Helsinki, Finland
PaTrIcIa daenzer
McMaster University, Canada
© Paul Van aerschot and Patricia daenzer 2014
all rights reserved. no part of this publication may be reproduced, stored in a retrieval system or transmitted
in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior
permission of the publisher.
Paul Van aerschot and Patricia daenzer have asserted their right under the copyright, designs and Patents
Act, 1988, to be identified as the editors of this work.
Published by
ashgate Publishing Limited ashgate Publishing company
Wey court east 110 cherry street
Union road suite 3-1
farnham Burlington, VT 05401-4405
surrey, gU9 7PT Usa
england
www.ashgate.com
British Library Cataloguing in Publication Data
a catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Van aerschot, Paul, author.
The integration and protection of immigrants: canadian and scandinavian critiques / by Paul van aerschot
and Patricia daenzer.
pages cm. -- (Law and migration)
Includes bibliographical references and index.
IsBn 978-1-4724-3654-2 (hardback) -- IsBn 978-1-4724-3655-9 (ebook) -- IsBn 978-1-4724-3656-6 (epub)
1. emigration and immigration law--scandinavia. 2. emigration and immigration law--canada.
3. social integration--government policy--scandinavia. 4. social integration--government policy--canada.
I. daenzer, Patricia m., author. II. Title.
K3275.V36 2014
325.48--dc23
2014015620
IsBn 9781472436542 (hbk)
IsBn 9781472436559 (ebk – Pdf)
IsBn 9781472436566 (ebk – ePUB)
V
Printed in the United Kingdom by henry Ling Limited,
at the dorset Press, dorchester, dT1 1hd
Contents
List of Tables vii
Notes on Contributors ix
Preface xiii
Introduction 1
Paul Van Aerschot and Patricia Daenzer
Part 1: IntegratIon PolIcIes
1 Migration, Post-Migration Policies and Social Integration in Canada 13
Patricia Daenzer
2 From the Bottom Up: Developing a Community Based Immigration Strategy:
A Canadian Case Study 33
Tim Rees
3 Shifting Policy Aims in the Reformed Finnish and Swedish Integration Legislation 51
Paul Van Aerschot
4 Integration beyond Multiculturalism: Social Cohesion and Structural Discrimination in Sweden 71
Masoud Kamali
5 Citizen-Making at the Language Centres: Civic Education for Immigrants through the
Official Danish Language Tuition 85
Marjukka Weide
6 Remarks on the Legal and Political Status of EU Citizenship 103
Joakim Nergelius
Part 2: regulatIng the ProtectIon of ImmIgrants In a Vulnerable PosItIon
7 Regulating the Irregular: Third-Country Labour Migration in a Changing Society from a
Swedish and EU Perspective 113
Andreas Inghammar
8 The Exploitation of Migrant Labour and the Problems of Control in Finland 121
Anne Alvesalo-Kuusi, Anniina Jokinen and Natalia Ollus
9 The Right to Health Care for Irregular Migrants in Sweden: A Dilemma for the Universal
Model and the Moral Economy 139
Carin Björngren Cuadra
vi The Integration and Protection of Immigrants
10 Ethnic Minorities among Other Minorities: A Disfavoured Group in Danish Society? 155
Martin Bak Jørgensen and Ruth Emerek
11 Social Assistance for Immigrants and Refugees in Denmark: A Judgment and a Prophecy 167
Ida Elisabeth Koch
12 Free Legal Aid in a Marginalized Area in Denmark 175
Nina von Hielmcrone
13 Generational Negotiations on Young Men’s Criminality and Ethnic Hierarchies in Finland 187
Päivi Honkatukia and Leena Suurpää
14 Policing and Newcomer Communities in Canada: Policy, Training and Practice 199
William Shaffir, Vic Satzewich and Hila Taraky
15 Integration and the Protection of Immigrants: Canadian–Nordic Comparisons 213
Patricia Daenzer, Paul Van Aerschot and Tim Rees
Conclusions 223
Patricia Daenzer and Paul Van Aerschot
Index 231
List of Tables
1.1 Expanded explanation to the categories of persons arriving in, and subsequently admitted
into, Canada 17
A.1.1 Immigration levels plan 2011 28
A.1.2 Selective list of policies, programmes and statutes: funding and function 29
A.1.3 Labour force characteristics by immigrant status, by detailed age group 30
A.1.4 CIC’s modernized approach to programming: a brief description 31
5.1 Selected examples of important norms and values 95
8.1 Crimes investigated by the police and the border guard authority, number of suspected
persons 2004−10 125
8.2 Persons sentenced for extortionate work discrimination and other related offences in 2005−9 125
8.3 Planned and completed inspections by the labour inspectors of the Regional State
Administrative Agency in Southern Finland specialized in monitoring the use of migrant
labour 126
8.4 Adult victims in the official system of assistance for victims of trafficking 2006−10 127
12.1 Demographic survey made by Gellerupparken Secreteriat of Aarhus, December 2010 178
12.2 Types of cases identified in the legal aid outreach survey, 1975 181
12.3 Distribution of cases, 1975–6 181
12.4 Number of personal calls (i.e. not including telephone calls) 182
12.5 Occupation 183
15.1 Canada, Sweden, Denmark and Finland: comparisons of reception and distribution
framework for new immigrants 215
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Notes on Contributors
Anne Alvesalo-Kuusi is Professor of Sociology of Law and Criminology at the University of Turku (Faculty
of Law), Finland. From 1996 to 2007 she worked as a senior researcher at the Police College of Finland
and until 2010 held a similar position in the Finnish Institute of Occupational Health. She has published
extensively in the area of economic and corporate crime control. In particular, her research has focused on
the problems of policing safety crimes and the misuse of migrant labour in Finland. Her areas of interest also
include the control and regulation of work.
Carin Björngren Cuadra is Associate Professor at the Department of Social Work at Malmö University,
Sweden, at which she holds the position of vice-head of department. Her area of interest is human services
in multicultural contexts and involves teaching as well as research. Her research has mainly focused on
migration and health with an interest for the human services’ responses to diversity, including topics such
as access, human rights and policy, as well as talk-in-interaction, professional ethics and trust. Her current
research deals with access to social services and health care for irregular migrants.
Patricia Daenzer recently retired from McMaster University, School of Social Work, Ontario, Canada, where
her academic focus was ‘Social Welfare Policy’. Her decades-long interest in policy issues related to migrant
workers, immigrants and refugees was broadly established with her early publication of Regulating Class
Privilege: Immigrant Servants in Canada, 1940s-1990s (1993), and subsequent articles, and continues to be
the focus of her research, community advocacy and current writing. She has been a migration scholar, advocate
and activist since the early 1980s. Her work has an international audience: she served on the International
Advisory Committee of the International Journal of Social Welfare for 10 years and has lectured in the
Nordic nations and in the UK. Following the historic arrival of Somali refugees in Finland in 1990, she was
invited to Finland in 1991 as part of an expert panel to speak about the integration of immigrants of colour in
society (Towards A Multicultural Society, SOS’91, Helsinki University and National Agency for Welfare and
Health, Lahti, Finland, May 1991). More recently, she has published ‘Social Protection of Refugee Women:
Paradoxes, Tensions and Directions’ in Hajdukowski-Ahmed et al., Not Born a Refugee Woman: Contesting
Identities, Rethinking Practices (Berghahn Books, 2008).
Ruth Emerek is Professor of Quantitative Methods and Director of CoMID, Center for the Study of Migration
and Diversity, at the Department of Culture and Global Studies, Aalborg University, Denmark. Since 2000 she
has been member of the European Commission’s Networks on gender and employment (EGGE, EGGSIE and
ENEGE), and since 2009 of the European Commission’s Network of Socio-Economic Experts in the Non-
Discrimination Field (SEN). Her publications and research have focused on gender, migrants and the labour
market, integration and marginalization as well as longitudinal register based analysis.
Päivi Honkatukia works as a Professor of Youth Work and Youth Research at the University of Tampere,
Finland. She is a sociologist who has studied widely issues related to young people, violence and criminality,
and the interaction of, for example, young people with the criminal justice system, both as victims and
perpetrators of crime.
Andreas Inghammar, LL.D., is Head of the Department of Business Law, Lund University School of
Economics and Management, Lund University, Sweden, where he received his doctoral degree in private law
(labour law) in 2007. His previous academic work covers aspects of the European labour market, with a focus
on vulnerable groups, such as disabled workers and irregular migrant workers. Other areas of Inghammar’s
research are comparative labour and social security law.