ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

Germans from the East, large guest worker programs,
EU free-mobility, and various forms of German and EU
asylum and subsidiary protection. These have served
to mystify the actual process of immigration while also
vitiating the meaning of asylum. The paper then argues
for a “real” immigration law that both serves Germany’s
mercantilist interests and shows decent respect for
humanitarian and family needs. Accompanying that
would be a policy of social integration into the welfare
state that would protect standards.
30 RACIAL OTHERNESS IN EUROPEAN
PUBLIC LAW
By using a Critical Race Theory and intersectional lens,
this panel intends to explore and highlight racial otherness
and the racialized borders and spaces created
inter alia by public law of many European countries.
Anti-semitism, anti-Black racism, anti-Roma racism,
and Islamophobia. These are the terms which describe
how various minorities are racialized, discriminated
against and othered through legislation, case law and
policies throughout Europe. However, (continental) European
colorblindness often prevents framing these
processes in terms of race. The discussion will focus
on the implications of race and colorblindness for law
and policymaking linked to race-based institutional
discrimination and human rights violations in the European
context.
Participants Cengiz Barskanmaz
Eddie Bruce-Jones
Mathias Möschel
Emilia Roig
Name of Chair Sumi Cho
Room DOR24 1.607
Concurring panels 61
Cengiz Barskanmaz: The Holocaust as a legal
argument
This paper will discuss the ideological repercussions
of the Holocaust in European and German legal
thought through an analysis of the PETA v. Germany
decision of the European Court of Human Rights
and the Wunsiedel decision of the German Federal
Constitutional Court. The aim is, on the one hand, to
identify how the post-Holocaust context is framing
the colorblindness doctrine in the area of human
rights and, on the other hand, to examine the prevailing
ideology of “German Exceptionalism” in German
and European case law and legal scholarship.
The claim is that instead of advancing an inclusive
concept of human rights, the Holocaust argument,
due to its historical and moralistic perception, rather
reinforces new racial and ethnic boundaries and introduces
various standards of protection in human
rights discourses.
Eddie Bruce-Jones: The racial haunting of
human rights
Europe can be a dangerous place, for certain
people and at particular times. Safety, articulated in
the language of human rights and the accompanying
discourse of security is, for some, swallowed up by
the shadow of danger created by those discourses.
Racism characterizes this gauntlet in Europe and profoundly
foregrounds and sometimes forecloses the
assertion of subsequent rights claims. This paper will
analyze rights claims in the policing and immigrationenforcement
contexts in the UK and Germany where