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Law & Ethics of Human Rights

Editor-in-Chief: Stopler, Gila

Editorial Board: Benvenisti, Eyal / Cohen-Eliya, Moshe / Macedo, Stephen / Rosenblum, Nancy

2 Issues per year


CiteScore 2016: 0.58

SCImago Journal Rank (SJR) 2016: 0.252
Source Normalized Impact per Paper (SNIP) 2016: 0.736

Online
ISSN
1938-2545
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Border Regimes and Human Rights

David Miller
Published Online: 2013-08-28 | DOI: https://doi.org/10.1515/lehr-2013-0001

Abstract

This article argues that there is no human right to cross borders without impediment. Receiving states, however, must recognize the procedural rights of those unable to protect their human rights in the place where they currently reside. Asylum claims must be properly investigated, and in the event that the state declines to admit them as refugees, it must ensure that the third country to which they are transferred can protect their rights. Both procedural and substantive rights apply while refugees are physically present in the state’s territory and their immigration status is being investigated. The state’s obligation to protect these rights arises from the power it exercises over them. In contrast, the state does not exercise equivalent power over those it declines to admit in the first place, even though its immigration criteria – if discriminatory in the negative sense – can be faulted on other grounds. Beneath these arguments lie two basic assumptions: one is the need to separate human rights claims from other claims of justice, especially those deriving from citizenship; the other is the need to determine who bears the obligations that correspond to these rights. Attention to the different relations in which prospective immigrants may stand toward the state they hope to enter can help us understand how border regimes may comply with, or violate, human rights.

Keywords: borders; human rights; state obligations; immigration; justice claims; citizenship

About the article

Published Online: 2013-08-28


Citation Information: The Law & Ethics of Human Rights, Volume 7, Issue 1, Pages 1–23, ISSN (Online) 1938-2545, ISSN (Print) 2194-6531, DOI: https://doi.org/10.1515/lehr-2013-0001.

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