A Human Rights Paradox in the Context of the Migration Debate

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Abstract

Although there are a host of perspectives from which the migration crisis can be addressed, in this article we interpret it from the perspective of a human rights crisis. Overall, the world has changed. Not only the revolution in communications and transportation but also the revolution in human rights has been driving an increasing number of people to migrate in search of a better life. In this context, we discuss the relationship between the state and the individual in terms of human rights. We can understand migrations as changes in the place of (permanent) residence of individuals or social groups. We distinguish between immigration (migration to a foreign country) and emigration (migration from the homeland to another country). Although the right to immigrate is not considered a human right, the right to emigrate is, which clearly represents a paradox in the context of human rights and migration. The article analyzes C. H. Wellman’s argument on the state’s right to exclude, in contrast to Arendt’s concept of “the right to have rights,” guaranteeing every man’s right to membership in a political community.