Solidarity and Fraternity: A new ethical-political key for migrations

Abstract

This article aims to analyze from a philosophical and political perspective the current debates around the figure of the “crime of solidarity” in France, taking as a starting point the case of Cédric Herrou, prosecuted and convicted in various instances for having provided aid to migrants sans papiers. Emphasis will be placed on the decision of the French Constitutional Council which, in July 2018 and in the name of the Fraternity principle, rendered null and void the figure of the “crime of solidarity” in cases where the aid provided was given for purely humanitarian reasons and within the French territory. We consider that this case has an exemplary value when thinking about theoretical dilemmas as well as the ethical-political power of migrations in the current democratic orders.