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association, marriage and occupation. These rights are essential to protecting people’s personal and political liberty. In terms of personal liberty, they
entitle people to make basic life decisions such as whom they marry, which
(if any) religion they practice, with whom they associate, where they work
and how they communicate. In terms of political liberty, they make it possible for people to engage in crucial political activities such as investigating
the effects of government policies, debating solutions to social problems
and campaigning for change.
Free movement is important because it is prerequisite to the exercise of
these other basic liberties. People cannot worship, communicate, associate,
marry and work freely unless they are able to move freely. Recognizing this
fact, international law declares a right to free movement. Article 13 of the
UDHR and Article 11 of the ICCPR proclaim a right to free movement
within any country and a right to leave any country to go elsewhere.
There is one right, however, that is conspicuously absent: the right to
immigrate. This is a problem since immigration restrictions, no less than emigration restrictions and internal restrictions, curtail personal and political liberty. When foreigners are prevented from entering a country, they are
prevented from worshiping, communicating, associating, marrying and working within that country. Their freedom, as well as the freedom of consenting
citizens, is constrained. Individual autonomy suffers but also democracy. In
an age in which so many problems are international problems and the effects
of government policies are felt globally, it is crucial that citizens of different
countries are permitted to interact. The power of governments and corporations transcend borders; ordinary people must not be trapped behind them.
If personal and political liberty are to be sufficiently protected, immigration must be recognized as a human right. In recognizing immigration as a
human right, we discover the full value of EU free movement. Not only does
free movement allow EU citizens to freely interact, it also provides a model
for the rest of the world. In time, the world can and should follow Europe’s
example.
There are other implications that are less flattering to the EU project, however. Human rights are universal. If EU citizens have a human right to immigrate to other EU states, non-EU citizens do likewise. The Syrians, Afghans
and others at the frontier must be free to enter. Refugees have a right to live
where they choose, not just the ‘safe’ third countries to which the EU seeks to
confine them. Indeed, all migrants have a right to migrate not just refugees.
Floris de Witte’s article thus starts out exactly right. Retired teachers,
Romanian IT consultants, Hungarian nurses and everyone else should be able
to make basic decisions regarding their lives free from state interference.
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