Is there a right to have rights? The case of the right of asylum

Ethical Theory and Moral Practice 11 (1):3 - 13 (2008)
In dialogue with the political philosophy of Hannah Arendt and Seyla Benhabib the author draws on the idea of a right to have rights and raises the question under which political conditions asylum can be a subjective right for political refugees. He argues that mere spontaneous acts of humanitarianism will not suffice to define the institutional commitments of liberal democracies in refugee policy. At the same time, no duty for any particular state to take up refugees can be derived from a right to have rights. The quest for institutional solutions for a timely migration and asylum policy will rather enhance the discourses on the self-understanding of liberal democracies. With a critical eye on German asylum legislation and legal practice, the author contends that it will be a task of any co-ordinated European right of asylum to define political persecution in relation to the first dimension of human rights in order to differentiate the right of asylum from immigration legislation.
Keywords Asylum  Human rights  Liberal democracy  Migration  Political ethics  Political refugees  Right of asylum  Subjective rights
Categories (categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 22,570
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

91 ( #49,147 of 1,938,529 )

Recent downloads (6 months)

10 ( #54,750 of 1,938,529 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.