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10 - Is immigration a human right?

Published online by Cambridge University Press:  06 December 2010

Jorge M. Valadez
Affiliation:
Philosophy, Our Lady of the Lake University
Roland Pierik
Affiliation:
Universiteit van Amsterdam
Wouter Werner
Affiliation:
Vrije Universiteit, Amsterdam
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Summary

In recent decades the process of globalization has involved the migration of substantial numbers of people from developing to developed countries and between developing countries. This global development has prompted politicians, civil activists, legal scholars, political philosophers, and others to grapple with issues related to immigration. A view that has emerged from some writers who uphold cosmopolitan ideals is that immigration should be regarded as a human right. My primary purpose in this chapter is to examine from a normative standpoint the claim that immigration, understood as involving eventual full integration into countries of destination, should be regarded as a human right. Even though I will argue that one cannot reasonably claim that immigration is a human right, the moral concerns that motivate this claim should be taken seriously. I therefore propose some moral principles to guide the formulation of just immigration policies that take these moral concerns into account. In arguing that immigration should not be regarded as a human right, I contend that there is a fundamental tension between the cosmopolitan claim that we should show equal moral concern for everyone and the institutionalization of that claim in immigration policies that allow individuals to move freely across national borders.

In the first part of this chapter, I examine what is involved in claiming that immigration is a human right. I discuss the nature and scope of this right and identify the right-bearers and those on whom the right can be claimed.

Type
Chapter
Information
Cosmopolitanism in Context
Perspectives from International Law and Political Theory
, pp. 221 - 248
Publisher: Cambridge University Press
Print publication year: 2010

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References

Carens, Joseph appeals to freedom of movement in making a case for the right to move across national borders, see: “Migration and Morality: A Liberal Egalitarian Perspective,” Free Movement: Ethical Issues in the Transnational Migration of People and Money, ed. Barry, Brian and Goodin, Robert (New York: Harvester Wheatsheaf: 1992)Google Scholar
Carens, Joseph, “Aliens and Citizens: The Case for Open Borders,” in The Rights of Minority Cultures, ed. Kymlicka, Will (New York: Oxford University Press, 1995)Google Scholar
Kapur, Devesh and McHale, John, “Should A Cosmopolitan Worry About the ‘Brain Drain’?Ethics and International Affairs, 20, no. 3 (2006)CrossRefGoogle Scholar
Hannum, Hurst, Autonomy, Sovereignty, and Self-Determination: The Accommodation of Conflicting Rights (Philadelphia: University of Pennsylvania Press, 1990)Google Scholar
Beitz, Charles, Political Theory and International Relations (Princeton: Princeton University Press, 1989)Google Scholar
Pogge, Thomas, World Poverty and Human Rights (Malden, Mass.: Polity Press, 2002), pp. 181–95)Google Scholar
Valadez, Jorge, Deliberative Democracy, Political Legitimacy, and Self-Determination in Multicultural Societies, (Boulder, CO: Westview Press, 2001)Google Scholar
Lakoff, George and Johnson, Mark, Philosophy in the Flesh: The Embodied Mind and its Challenge to Western Thought (New York: Basic Books, 1999, pp. 290–334)Google Scholar

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