Ethics & International Affairs Volume 22.2 (Summer 2008): Symposium: The Elusive Rights of an Invisible Population [Excerpt]

Jul 7, 2008

This is a rich and stimulating piece, which—characteristically of Joseph Carens's work—challenges us to rethink certain suppositions about appropriate responses to migration. Of particular interest is Carens’s suggestion for a so-called firewall protecting irregular migrants' basic rights. This suggestion, which I would like to term the "dualist" position, requires the state to guarantee certain rights of unauthorized migrants while at the same time retaining its prerogative to deny such migrants legal residency. While I find this prima facie a compelling idea, I will suggest that it creates serious problems of coherence and feasibility for the legal and political systems of host countries. I shall also question whether it is ethically tenable on liberal universalist grounds. The key problem for the dualist position, I shall argue, is the basic contradiction between guaranteeing access to rights while denying a right to be present to access such rights.

To read or purchase the full text of this article, click here.

You may also like

JAN 7, 2021 Journal

Ethics & International Affairs Volume 34.4 (Winter 2020)

The highlight of this issue is a roundtable organized by Kai He, T. V. Paul and Anders Wivel on international institutions and peaceful change. The ...

Eleanor Roosevelt holding a poster of the Universal Declaration of Human Rights, Lake Success, NY, November, 1949. <br>CREDIT: <a href="https://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights#/media/File:Eleanor_Roosevelt_UDHR.jpg">Wikimedia</a> <a href="https://creativecommons.org/licenses/by/2.0/deed.en">(CC)</a>

DEC 2, 2020 Podcast

The United Nations at 75: Looking Back to Look Forward, Episode 4, with Bertrand Ramcharan

Bertrand Ramcharan, former acting high commissioner for human rights, discusses why he thinks the "UN human rights system is in crisis" and details the complicated ...

Hillary Clinton at the United Nations Fourth World Congress on Women. Beijing, China, September 1995. <br>CREDIT: <a href="https://commons.wikimedia.org/wiki/File:Hillary_Clinton_at_the_United_Nations_Conference_on_Women_in_Beijing,_China.jpg"> Sharon Farmer/White House Photograph Office</a>/<a href="https://creativecommons.org/share-your-work/public-domain/">Public Domain</a>

NOV 12, 2020 Podcast

The United Nations at 75: Looking Back to Look Forward, Episode 3, with Noeleen Heyzer

Noeleen Heyzer, former executive director of the United Nations Development Fund for Women, discuss the role of women in the UN over the years. Heyzer ...