Abstract
For some, entry and citizenship are the reserved area of the state since the state is perceived as a historically created community within the free choice left over by a limited number of moral duties. Those denying the state such prerogatives apply end-result principles where the state is a historical accident with possible instrumental value. We will argue that conventional ideas about the burden of proof ignore this difference being thus biased towards these principles. These insights will enhance our understanding of how different conceptions of human rights conceive these matters.
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