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The Right to Have RightsCitizenship, Humanity, and International Law$
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Alison Kesby

Print publication date: 2012

Print ISBN-13: 9780199600823

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199600823.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 16 May 2022

The Right to have Rights as Humanity

The Right to have Rights as Humanity

Chapter:
(p.92) 4 The Right to have Rights as Humanity
Source:
The Right to Have Rights
Author(s):

Alison Kesby

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199600823.003.0005

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

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