A non-ideal approach to freedom of movement

Abstract

Based on a non-ideal framework, my thesis analyses structural wrongful discrimination in migration at the borders of membership and territory and argues that an international moral human right to freedom of movement is needed.
My thesis argues that the state unilateral control of the border is structurally and inherently wrongfully discriminatory. Indeed, my thesis claims that state unilateral border control is based on processes of racialization, and that the way migration is governed re-shapes past racialized and racist relationships of domination. Moreover, my thesis argues that policies at the borders of membership channel migrant agency into assigned gender roles and this is instrumental in maintaining stereotypical gender structures that reproduce patterns of gender inequality, discrimination, and subordination.
The right to non-discrimination is an internationally recognised human right and my thesis argues that unilateral state control of the border constitutes a threat to such a right. My argument for an international human right to freedom of movement is based on the justification of a new human right through a “derivative approach”. In this case, a new human right is needed to prevent the violation of another existing human right, and my thesis argues that a human right to freedom of movement is needed in order to make violations of the right of non-discrimination less likely.
Finally, my thesis examines issues of feasibility concerning international freedom of movement. Discussing the objection that an international human right to freedom of movement is not feasible in practice, my thesis explores the possibility of a transitional theory of justice in migration. In this case, my thesis argues for the greatest possible freedom of movement (with the end-goal of fully open borders), which is realized by attaining the maximum possible degree of open borders in terms of the right to enter and stay in any country.

Date of Award	12 May 2020
Original language	English
Awarding Institution	University of Bristol
Supervisor	Christopher D I Bertram (Supervisor) & Tudor M Baetu (Supervisor)