It builds on and expands the discussion of vulnerability in my recent book Demanding Rights. In this instance, I focus on it as a legal concept. This piece very close to my heart, and not just because it's the first time that I propose a legal argument. 2/6
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We all know that many migrants have a hard time enjoying their human rights. Strikingly, the ECtHR (like many domestic and int'l courts) has struggled to come to terms with this vulnerability, as obvious of a social fact as it may be. 3/6
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The issue is that migrants aren't a vulnerable group like any other. For one, they're atomized, most notably in terms of legal status. It's also clear that migration control remains a political and legal reality that, in principle, does not require any justification. 4/6
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These challenges are formidable. Still, could the ECtHR somehow capture the distinct "human rights reality" of migrants? My answer is yes, and it must. However, the vulnerability principle needs to be made fit for purpose. This is where "migratory vulnerability" comes in. 5/6
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In the article, I explain this can be achieved by leaving behind the individual/group binary in legal conceptions of vulnerability and by "refactualizing" its determination. I also discuss the possible legal effects (quite a list!) of a principle of migratory vulnerability. 6/6
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Congrats Moritz!
Looking forward to reading it!Hvala. Twitter će to iskoristiti za poboljšanje vaše vremenske crte. PoništiPoništi
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