scholarly journals Freedom of Movement and Emigration Pressures: A Defence of Immigration Fees

2016 ◽  
Vol 3 (2) ◽  
Author(s):  
Oliviero Angeli
Keyword(s):  
Freedom Of Movement ◽  
The Right ◽  
Prospective Responsibility

AbstractThe article addresses the prospective responsibility of states to protect citizens from emigration pressures. After establishing the moral weight of the interest in staying, the article proceeds to explain why the interest to stay is comparatively more resistant to restrictions than the interest in exercising freedom of movement across borders. On this basis, the argument is then advanced that immigration fees can be charged on (well-off) immigrants as a means to protect economically vulnerable residents in recipient countries from emigration pressures. The argument that I will advance is in at least one sense non-consequentialist: it accounts for the need for immigration fees without relying on (problematic) assumptions about the consequences of immigration. Furthermore, the argument is also realistic in so far as it accepts that states have the right to restrict immigration.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

scholarly journals A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights

2021 ◽  
pp. 1-21
Author(s):  
Romola Adeola ◽  
Frans Viljoen ◽  
Trésor Makunya Muhindo
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Freedom Of Movement ◽  
Number Of Factors ◽  
African Charter ◽  
The Right ◽  
Domestic Level ◽  
African Commission

Abstract In 2019, the African Commission on Human and Peoples’ Rights adopted General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)). In this general comment, the commission elaborated on the right to freedom of movement and residence within state borders. This issue, while explicit in international human rights law, is a challenge within various jurisdictions, including in Africa. This article provides a background to and commentary on General Comment No 5, leveraging on the insight of the authors, who participated in its drafting. Unlike the UN Human Rights Committee's earlier general comment, General Comment No 5 provides detailed guidance on the internal dimension of the right to free movement and residence. As “soft law”, its persuasive force depends on a number of factors, including its use at the domestic level, its visibility and its integration into regional human rights jurisprudence.

Judicial Resolution of Issues Related to the Movement of Underages Without Accompanying Parents

2020 ◽  
Vol 1 ◽  
pp. 32-36
Author(s):  
I. V. Botantsov ◽  
Keyword(s):  
Russian Federation ◽  
Freedom Of Movement ◽  
Independent Travel ◽  
The Russian Federation ◽  
The Right ◽  
Do So

According to the Constitution of the Russian Federation, every citizen has the right to freedom of movement on its territory, but due to the fact that minors cannot be held accountable for their actions, there is a need to control their movement by legal representatives. The practical determination of the age of independent travel of minors and the issues of drawing up documents by parents authorizing them to do so are the subjects of disputes that are subject to judicial resolution. The article provides an analysis of the relevant practice, accompanied by the author's comments.

Desecularization of the Palestinian Imagination? Reflections on Nation-Ness and Fragmentation

2011 ◽  
Vol 55 (10) ◽  
pp. 1379-1394 ◽  
Author(s):  
Mary Hovsepian
Keyword(s):  
Main Process ◽  
Freedom Of Movement ◽  
The Everyday ◽  
Occupied Territories ◽  
The Right ◽  
Israeli Occupation

The main process that gives meaning to belonging to the Palestinian nation concerns the everyday encounters with Israeli policies that dictate Palestinian lives. The escalating fragmentation of the occupied territories since the mid-1990s and the control of the most basic right, the right of freedom of movement, continue to shape Palestinian nation-ness in the context of a struggle to end the Israeli occupation.

scholarly journals Gloss to the Judgement of the Court of Justice of the European Union in Case C 129/18, SM versus Entry Clearance Officer, UK Visa Section

2020 ◽  
Vol 40 (1) ◽  
pp. 189-200
Author(s):  
Katarzyna Woch
Keyword(s):  
Member State ◽  
Family Members ◽  
The European Union ◽  
Freedom Of Movement ◽  
State Of The Union ◽  
Legal Guardianship ◽  
The Status ◽  
Union Citizen ◽  
The Right ◽  
The Eu

The right of family members of Union citizens to live with them in the host Member State has always been considered essential for an effective freedom of movement of citizens. However, the provisions of Directive 2004/38/EC contain a different description of the scope of rights of family members of Union citizens taking advantage of the freedom of movement of persons as to the possibility of accompanying or joining EU citizens taking advantage of the freedom of movement of persons, depending on whether they belong to the circle of ‘closer’ or ‘distant’ family members. This issue acquires particular significance in the context of family members who are not citizens of any Member State of the Union. For individuals belonging to the circle of ‘closer’ family members, the EU legislator grants the subjective right to accompany or join a Union citizen exercising the right of the freedom of movement of persons. In the latter case, the legislator only obliges the host Member States to facilitate entry and residence for such individuals in accordance with their national legislation. The glossed judgment, by determining the status of individuals under legal guardianship within the framework of the Algerian kafala system as a ‘distant’ family member of a Union citizen, clearly touches upon a significant issue in the context of the Union’s freedom of movement of persons.    

Liberty

Basic Rights ◽  
2020 ◽  
pp. 65-88
Author(s):  
Henry Shue
Keyword(s):  
North Atlantic ◽  
Trade Off ◽  
Poor Countries ◽  
Freedom Of Movement ◽  
The North ◽  
Basic Rights ◽  
Trade Offs ◽  
The North Atlantic ◽  
Subsistence Rights ◽  
The Right

This chapter evaluates the right conventionally most emphatically endorsed in North Atlantic theory: rights to liberties. Some liberties merit attention for many reasons, not the least of which is a strange convergence between supposed “friends” of liberty in the North Atlantic and rulers in the poorer countries who would share the emphasis on the priority of subsistence rights. Both groups have converged upon the “trade-off” thesis: subsistence can probably be enjoyed in poor countries only by means of “trade-offs” with liberties. This thesis might also be called the theory of reluctantly repressive development. The chapter shows that although the advocates of repressive development profess a strong commitment to the provision of subsistence, those theories of repressive development must be sharply distinguished from the theory of basic rights presented in this book. One of the several major differences is the place assigned here to at least some liberties, and the chapter indicates how fundamentally the same argument that establishes security rights and subsistence rights as basic rights also justifies the acknowledgement of at least certain political liberties and certain freedom of movement as equally basic. The basic liberties will turn out to include the liberty of participation.

scholarly journals Constitutional Right to Privacy, Freedom of Movement and Residence by Use of Biometric Data // Ustavno pravo na privatnost, slobodu kretanja i prebivalište korišćenjem biometrijskih podataka

2017 ◽  
Vol 7 (7) ◽  
pp. 128
Author(s):  
Siniša Karan ◽  
Siniša Macan
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
International Standards ◽  
Border Crossings ◽  
Right To Privacy ◽  
Biometric Data ◽  
Safe Environment ◽  
Freedom Of Movement ◽  
Constitutional Right ◽  
The Right

The Constitution of Bosnia and Herzegovina, Article 2 defines human rights and fundamental freedoms that are guaranteed in the territory of Bosnia and Herzegovina, and in paragraph 3 of this Article is enumerated a catalog of guaranteed human rights and freedoms. The right to liberty, security, privacy and family life and the right to freedom of movement and residence are consumed in an environment that is regulated by a number of laws and regulations in the legislation of Bosnia and Herzegovina. Fundamental human rights and freedoms cannot of absolute and may be limited realization of the right to a safe environment. Constitution of Bosnia and Herzegovina regulates that will establish a central register of all passports, which implies the establishment of the register persons who are citizens of Bosnia and Herzegovina, and for issuing passports. Freedom of movement is therefore limited by the obligation to persons registered and issued them passports. In the process of issuing passports citizen submits biometric data, in accordance with international standards. This shall be done for the purpose of regulating the right to freedom of movement with the guarantee of the right to a safe environment. Passports must be made in accordance with international recommendations and standards defined by the UN specialized agency for air traffic ICAO. The passports are entered biometric and other data of the passport holder in such a way that they must be machine-readable and electronic readable. According to ICAO standards are created and readers at border crossings to ensure an efficient and quick readability of passports. Each state must provide mechanisms that guarantee the identity of each holder of the passport. Every single issued passport in every country is the guarantor of international security, and each piece of data, including biometric must be kept in a way that guarantees the right to privacy. This paper presents an overview of the optimal relationship that is necessary to establish a basic human rights, and limitations of these rights in the allocation of a small security using biometric data and are presented with safeguards against abuse of biometric data.

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