Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-l4ctd Total loading time: 0 Render date: 2024-09-11T16:00:53.762Z Has data issue: false hasContentIssue false

7 - Migrant Rights as Existential Commitments

from Part II

Published online by Cambridge University Press:  03 May 2019

Moritz Baumgärtel
Affiliation:
Universiteit Utrecht, The Netherlands
Get access

Summary

This chapter proposes that a reconceptualization of human rights is needed for migrant rights to become a reality in Europe. It begins with a brief presentation of scholarship that, based on societal arguments related to dependency, identity and costs, has drawn attention to the inherently uncertain character of migrant rights. As answers to these objections can be found neither in approaches that solidify human rights as law nor in those that equate it to social norm, this chapter draws on recent works that have conceptualised human rights as existential commitments, adding to their phenomenological account a perspective of human rights as self-conception held by persons and societies. Depending on their identity, human rights can be more or can be less demanding. The final section of this chapter refocuses on the legal sphere and, more specifically, on the principle of vulnerability. The argument is that vulnerability conceived as a ‘socially induced’ condition could be used to reconnect legal and existential human rights commitments that exist in Europe, thus offering the European courts a tool to promote migrant rights in line with the expectations held by society.
Type
Chapter
Information
Demanding Rights
Europe's Supranational Courts and the Dilemma of Migrant Vulnerability
, pp. 137 - 153
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×