Govori: professor Luis Guilherme dos Santos Marques Pedro, Sveučilište Beira Interiror (UBI), Portugal

Tema: migracijska prava

Datum, vrijeme: srijeda, 08. lipnja s početkom u 18.00 sati

Gdje: Vijećnica Pravnog fakulteta 

Kratak opis predavanja:

In the contemporary academic debate on migration rights the claim that the legal right to leave a state (RL) – enshrined in the Universal Declaration of Human Rights of 1948 (UDHR) – does not entail a legal right to enter another state (RE) has become widespread. This claim of non-entailment – RL ¬⊢ RE – is usually taken to be a descriptive statement about current international law, even though many also forward it as a normative proposal. Although phrased in different ways, this claim states the lack of a relation between two legal rights (RL and RE) as well as between their correlated (state) duties: ‘to let leave’ and ‘to let enter’. Indeed, in contemporary international treaties and conventions, states are legally required the former in a more unqualified manner than the latter, and this has led many to coin this aspect of the international legal and political order as ‘asymmetrical’. This claim faces a number of significant criticisms, apart from the obvious difficulty that there are indeed, under human rights law, at least two REs, namely the human right to return (RR) and the human right to seek and enjoy asylum (RsA). The main aim of this paper is to lay out and analyse this claim – as well as the counterclaim that there is ‘symmetry’ between RL and RE – in ways that allow us to discern in RL an example of how rights entail other rights. The claim that RL entails RE and its counterclaim often come together with their twin prescriptive claims that exit and entry rights should be either ‘asymmetrical’ or ‘symmetrical’, and hence give way to so-called derivative rights and more correlative duties. After charting the debate between ‘asymmetrists’ and ‘symmetrists’ at both the descriptive and the prescriptive levels, I revisit human rights law to offer a more accurate description of the three human rights and of how, when related to each other in specific ways, they form the core legal norms of the contemporary international migration regime.