Family​ ​and​ ​the​ ​Humanitarian​ ​Exception

Abstract: The research problem of this thesis stems from the current legal practices on the humanitarian exception in relation to human smuggling. These practices have been identified as problematic, as family relationships have become the basis for applying the exception. Arguably, this undermines the principle idea of the exception, inasmuch as humanitarian assistance should not be based on kinship. Building upon Pierre Bourdieu's theoretical concepts, along with a gendered Bourdiesian family, this thesis sets out to explore how the notion of family is understood in relation to the humanitarian exception within the District Courts of Skåne and Skåne and Blekinge Court of Appeal, by analysing legal cases. The methodological tool for analysing the cases is based on Norman Fairclough's three dimensional framework for a Critical Discourse Analysis.