DISCUSSION
PAPERS
RACIALIZATION,
DISCRIMINATION AND THE LAW
ASSIGNMENT: WRITE A DISCUSSION PAPER ON AN IMPORTANT MATTER OF
PUBLIC INTEREST OR CONTEMPORARY SOCIAL PROBLEM AND EXPLORE THE IMPLICATION OF
YOUR RESEARCH FOR THE DESIGN AND CONDUCT OF SOCIAL POLICY (10 TO 12 PP – 15 %).
THE DISCUSSION PAPER CRITERIA:
DISCUSSION PAPERS DISSEMINATE RESEARCH QUICKLY IN ORDER TO GENERATE COMMENT AND SUGGESTIONS FOR REVISION OR IMPROVEMENT. THEY MAY HAVE BEEN PRESENTED AT CONFERENCES OR WORKSHOPS ALREADY, BUT WILL NOT YET HAVE BEEN PUBLISHED IN JOURNALS.
GENERAL FEATURES OF DISCUSSION PAPERS:
1) INTRODUCTION
IDENTIFY AN IMPORTANT MATTER OF PUBLIC INTEREST OR SOCIAL PROBLEM AND ITS RELATION TO PUBLIC POLICY.
EX: A PROJECT ON HIV/AIDS AND IMMIGRATION?
ON 20 SEPTEMBER 2000, CANADIAN NEWSPAPERS REPORTED THAT HEALTH CANADA RECOMMENDED TO CITIZENSHIP AND IMMIGRATION CANADA THAT TESTING ALL PROSPECTIVE IMMIGRANTS FOR HIV, AND EXCLUDING THOSE TESTING POSITIVE, IS THE "BEST PUBLIC HEALTH OPTION." SUBSEQUENTLY, THE MINISTER OF CITIZENSHIP AND IMMIGRATION, ELINOR CAPLAN, STATED THAT HER DEPARTMENT IS INDEED CONSIDERING IMPLEMENTING MANDATORY HIV TESTING FOR ALL PROSPECTIVE IMMIGRANTS TO CANADA, AND EXCLUDING ALL THOSE TESTING POSITIVE (WITH THE EXCEPTION OF REFUGEES AND FAMILY-CLASS SPONSORED IMMIGRANTS) FROM IMMIGRATING TO CANADA ON BOTH PUBLIC HEALTH AND "EXCESSIVE COST" GROUNDS.
EVEN BEFORE THESE RECENT ANNOUNCEMENTS, THERE WAS DISCUSSION AND DEBATE IN CANADA ABOUT THE ISSUES RAISED BY HIV/AIDS IN THE CONTEXT OF IMMIGRATION
2) ISSUES AND/OR BACKGROUND
IDENTIFY WHAT THE ISSUES ARE.
EX: AN ANALYSIS OF IMMIGRATION POLICY IN THE CONTEXT OF HIV/AIDS MUST CONSIDER THE FOLLOWING QUESTIONS {IE., EXPAINING WHY THESE ARE THE RELEVANT QUESTIONS, HOW THEY FRAME OR IMPACT THE ISSUE, AND WHAT IS THE CURRENT PUBLIC DISCOURSE?}:
I. SHOULD VISITORS WITH HIV EVER BE RESTRICTED FROM COMING INTO CANADA?
II. SHOULD THERE BE MANDATORY HIV TESTING OF ALL PROSPECTIVE IMMIGRANTS?
III. SHOULD PERSONS WITH HIV SEEKING TO IMMIGRATE TO CANADA BE PREVENTED FROM BECOMING PERMANENT RESIDENTS?
IV. SHOULD THERE BE MANDATORY TESTING OF REFUGEES?
V. SHOULD REFUGEES WITH HIV EVER BE BARRED FROM ENTERING CANADA?
VI. SHOULD THERE BE ANY RESTRICTIONS IMPOSED ON IMMIGRANTS AND/OR REFUGEES WITH HIV WHO ARE ADMITTED ONCE THEY ARRIVE IN THE COUNTRY?
3) HISTORY
IDENTIFY WHAT ACTIVITIES HAVE BEEN UNDERTAKEN BY COMMUNITY STAKEHOLDERS AND ORGANIZATIONS (NGO'S)
I. PUBLISHED WORKS OR INFORMATION (LEGAL AND OTHER SOCIAL RESEARCH ON ISSUES RAISED BY HIV TESTING).
II. CONDUCTED INTERVIEWS OF KEY INFORMANTS AND PERSONS CONCERNED.
III. ORGANIZED WORKSHOPS/ PUBLIC INFORMATION FORUMS.
IV. COMMUNITY COALITION BUILDING.
4) CURRENT POLICY AND NEW DIRECTIONS
IDENTIFY WHAT THE DRAFT DISCUSSION PAPER CONTAINS.
A DRAFT PAPER ON PROPOSED MANDATORY HIV TESTING OF IMMIGRANTS WOULD:
I. DESCRIBE THE GENERAL TRENDS IN APPROACHES TAKEN TO DISEASE AND MIGRATION BOTH INTERNATIONALLY AND IN CANADA;
II. DESCRIBE CANADA'S CURRENT POLICIES REGARDING HIV/AIDS AND IMMIGRATION;
III. DESCRIBE SOME OF THE PROPOSED CHANGES IN IMMIGRATION LEGISLATION AND POLICY THAT MAY AFFECT VISITORS, IMMIGRANTS, AND REFUGEES WITH HIV/AIDS;
IV. EVALUATES CANADA'S CURRENT AND PROPOSED POLICIES REGARDING IMMIGRATION AND HIV.
V. PRESENT A SET OF RECOMMENDATIONS TO THE FEDERAL AND PROVINCIAL GOVERNMENTS FOR THE FUTURE DIRECTION OF THEIR POLICIES ON IMMIGRATION AND HIV.
VI. {AND LAST BUT NOT LEAST} EXPLICITLY EXPLAIN WHAT ISSUES THE DISCUSSION PAPER "DOES NOT" ADDRESS — OR CANNOT ADDRESS [FOR EXAMPLE, THIS SPECIFIC DISCUSSION PAPER MAY NOT ADDRESS THE ETHICAL ISSUES/ANALYSIS OF MANDATORY TESTING]
4) ASSESSMENT
IDENTIFY WHAT THE GOALS OF THE PROJECT ARE.
THE GOALS OF A DRAFT PAPER ON PROPOSED MANDATORY HIV TESTING OF IMMIGRANTS WOULD BE:
I. TO CONTRIBUTE TO A PROCESS OF INFORMED AND RIGOROUS DISCUSSION CONCERNING THE MANY ISSUES RELATED TO HIV/AIDS AND IMMIGRATION IN CANADA,
II. {AND} TO ENSURE THAT DECISIONS ABOUT WHETHER PROSPECTIVE IMMIGRANTS SHOULD BE MANDATORILY TESTED FOR HIV, AND EXCLUDED FROM IMMIGRATING IF HIV-POSITIVE, WILL BE BASED ON A CAREFUL ANALYSIS OF THE LEGAL, ETHICAL, AND POLICY ISSUES INVOLVED.
5) CONCLUSIONS
IDENTIFY WHAT THE DRAFT DISCUSSION PAPER'S FINDINGS AND CONCLUSIONS ARE.
A DISCUSSION PAPER ON TO HIV/AIDS AND IMMIGRATION IN CANADA MIGHT CONCLUDE THAT:
I. CANADA'S POLICY OF NEITHER TESTING NOR EXCLUDING VISITORS WITH HIV (EXCEPT IN SOME RARE CIRCUMSTANCES) IS SATISFACTORY AND SHOULD BE MAINTAINED;
II. THE POSSIBLE BENEFITS OF MANDATORY TESTING OF IMMIGRANTS ARE OUTWEIGHED BY ITS POTENTIAL HARMS;
III. ANY EXCLUSION OF A PROSPECTIVE IMMIGRANT WITH HIV ON PUBLIC HEALTH GROUNDS IS DISCRIMINATORY AND INCONSISTENT WITH CURRENT, COMMONLY-ACCEPTED PUBLIC HEALTH PRACTICE;
IV. CANADA'S CURRENT POLICY OF AUTOMATIC EXCLUSION OF ALL PERSONS KNOWN TO HAVE HIV ON THE GROUND THAT THEY WILL POSE AN EXCESSIVE BURDEN ON HEALTH OR SOCIAL SERVICES IS UNWARRANTED, AS IT SINGLES OUT HIV WHEN THERE ARE OTHER DISEASES AND CONDITIONS THAT MIGHT PLACE GREATER DEMANDS ON THE PUBLIC PURSE, AND DOES NOT ALLOW FOR A CASE-BY-CASE ASSESSMENT;
V. PROSPECTIVE IMMIGRANTS WITH HIV WHO HAVE COMPELLING COMPASSIONATE AND HUMANITARIAN REASONS FOR BEING IN CANADA SHOULD BE GRANTED PERMANENT RESIDENT STATUS, RATHER THAN BEING ISSUED MINISTER'S PERMITS, WHICH AFFORD THEM NO ACCESS TO MEDICAL CARE AND WHICH MAY BE REVOKED AT ANY TIME; AND
VI. ALL MEDICAL BARRIERS TO ADMISSION OF REFUGEES SHOULD BE REMOVED.
6) RECOMMENDATIONS
WHAT ARE (THE) SUGGESTED OR NEXT STEPS TO BE TAKE?.
I. THE DISCUSSION PAPER WOULD BE WIDELY DISTRIBUTED FOR COMMENT AND INPUT. IN PARTICULAR, TO INDIVIDUALS AND ORGANIZATIONS, INCLUDING FEDERAL AND PROVINCIAL MINISTRIES, HIV/AIDS AND IMMIGRANTS ORGANIZATIONS.
II. A CANVASS WOULD BE CONDUCTED IN REGARD TO WHETHER THEY AGREE WITH THE CONCLUSIONS AND RECOMMENDATIONS IN THE PAPER; WHETHER RELEVANT INFORMATION IS MISSING; AND WHETHER CERTAIN AREAS IN THE PAPER SHOULD BE EXPANDED.
III. A FINAL POLICY PAPER AND REPORT ON HIV/AIDS AND IMMIGRATION WOULD UNDERTAKEN, TAKING INTO ACCOUNT THE COMMENTS AND INPUT RECEIVED.
IV. THE FINAL REPORT WOULD BE SUBMITTED TO HEALTH CANADA AND TO CITIZENSHIP AND IMMIGRATION CANADA, AS WELL AS TO ALL THOSE TO WHOM RECOMMENDATIONS IN THE REPORT WILL BE DIRECTED.
V. {FINALLY} A VARIETY OF FOLLOW-UP ACTIVITIES
WOULD BE UNDERTAKEN AIMED AT ENSURING THAT THE RECOMMENDATIONS WILL BE
IMPLEMENTED.
Table of Contents
Introduction
Background /History
Statement of Problem/Issues
Current Policy
New Directions
Assessment/Conclusions
Recommendations