Undocumented Migrants and the Failures of Universal Individualism

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1 Response

  1. Jaya,

    A quick skim of your paper finds me in deep disagreement with most (thus not all!*) of your substantive claims. As I’m far too preoccupied with other things for a while now, I’ll try to send comments your way before the end of the year.

    Does not the Declaration on the Rights of Indigenous Peoples (2007), while not, strictly speaking, “law” but at least reflective of increasingly robust legal norms, indicate a direction distinct from an “individualist” approach to human rights? And what of the “right of self-determination of all peoples” (however vague or ‘dangerously ambiguous’)? And what of genocide in international law? Doesn’t that aim to protect particular groups (national, ethnic, religious…)?

    * It strikes me as a bit of straw man to conceive human rights law as necessarily a “stand-alone solution,” and thus rather than the need to “break-away” from the human rights framework, we ought to buttress and complement it with such things as “a state-based approach to protecting citizens abroad and a social movements strategy in the form of counter-hegemonic transnational networks.” Again, more later. Thanks.