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Oxford Studies in Political Philosophy Volume 6$
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David Sobel, Peter Vallentyne, and Steven Wall

Print publication date: 2020

Print ISBN-13: 9780198852636

Published to Oxford Scholarship Online: March 2020

DOI: 10.1093/oso/9780198852636.001.0001

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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: 29 June 2022

The Right to Stay as a Control Right

The Right to Stay as a Control Right

Chapter:
(p.87) 4 The Right to Stay as a Control Right
Source:
Oxford Studies in Political Philosophy Volume 6
Author(s):

Valeria Ottonelli

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198852636.003.0004

This chapter sides with those who believe that a right to stay should be counted among fundamental human rights. However, it also acknowledges that there are good reasons for objecting to the most popular justifications of the right to stay, which are based on the assumption that people have valuable ties to their community of residence and that people’s life plans are located where they live. In response to these qualms, this chapter argues that the best way to make sense of the right to stay is to conceive it as belonging to the category of “control rights”; these are the rights that protect people’s control over their own bodies and personal space, which is an essential condition for personhood and human dignity. This account of the right to stay can overcome the most pressing objections to its recognition as a fundamental human right.

Keywords:   right to stay, forced migration, displacement, control rights, personal space

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