The Right to have Rights as Humanity

Abstract

Chapter 4 examines the right to have rights from the perspective of international human rights law. At issue is the claim that the human is the subject of rights—a claim which is challenged by ‘internal borders’, the construction of human rights on the basis of immigration status. While international human rights norms may challenge these internal borders (as evidenced by a case involving an undocumented migrant’s right to marry), it may also facilitate their imposition. The Migrant Workers Convention is an example of this. Finally, the chapter explores the border between international and national law in the context of the indefinite detention of stateless people.