Chapter

The Right to have Rights as Humanity

Alison Kesby

in The Right to Have Rights

Published in print January 2012 | ISBN: 9780199600823
Published online May 2012 | e-ISBN: 9780191738272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199600823.003.0005
The Right to have Rights as Humanity

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Chapter 4 examines the right to have rights from the perspective of international human rights law. At issue is the claim that the human is the subject of rights—a claim which is challenged by ‘internal borders’, the construction of human rights on the basis of immigration status. While international human rights norms may challenge these internal borders (as evidenced by a case involving an undocumented migrant’s right to marry), it may also facilitate their imposition. The Migrant Workers Convention is an example of this. Finally, the chapter explores the border between international and national law in the context of the indefinite detention of stateless people.

Keywords: ‘right to have rights’; humanity; international human rights law; internal borders; the right to marry; undocumented migrants; migrant workers convention; indefinite detention; statelessness

Chapter.  15106 words. 

Subjects: Public International Law

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