Abstract

Abstract This chapter applies the right to legal personhood to the situation of migrant groups and stateless peoples. This is one of the first of such analyses for these groups in academic literature. It begins by highlighting the limitations of enforcing the right due to state sovereignty claims regarding regulating national borders and decisions regarding citizenship. Drawing on the arguments in Chapter 2, it is claimed that state sovereignty should not be allowed to supersede the right to legal personhood—even in regard to citizenship and national borders. The key barriers to legal personhood for undocumented immigrants, documented immigrants, refugees, and asylum seekers, as well as stateless peoples, are described. Finally, the challenges in realising the right to legal personhood for these groups is acknowledged, but a robust re-examination of social justice goals and legal systems in order to achieve such realisation of the right is encouraged.

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