What to Say to Those Who Stay? Free Movement is a Human Right…
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That is what is crucial. There is no need to add that free movement encourages people to achieve a new ‘self-understanding’ as ‘anchorless’ EU citizens. The value of free movement is both more basic and more important.
The freedom to stay
The discussion following Floris De Witte’s article has been fascinating and
I have learned a great deal. Let me address two points. First, it is striking
that, in the midst of a refugee and migration crisis, the discussion should
have focussed so narrowly on free movement within the EU. Sarah Fine is
certainly right to remark on this, asking ‘whose freedom of movement is
worth defending?’ If the EU is not to forever remain a gated community, we
must not ignore the gates.
Second, a number of contributors have raised an important problem: how
can supporters of free movement demonstrate its value to those citizens who
do not migrate? Floris de Witte distinguishes between ‘mobile’ and ‘immobile’ citizens; a distinction that Rainer Bauböck picks up on. He wonders
how the ‘immobile’ can be won over? The problem is an important one but,
in its general form, is far from new. A central theme of what remains the
greatest book on the subject of liberty – JS Mills’ ‘On Liberty’ – is the problem of justifying the freedom to pursue minority options to the disinterested
majority. The answer Mill gave then still holds true today. There is an enormous difference between choosing not to pursue an option and being prevented from pursuing it. In the former case, one retains control and, with it,
the opportunity to assess how one lives in comparison to alternative possibilities. In the latter case, one never makes a choice; one’s life is dictated by
others. Consider the point in relation to freedom of religion. One does not
have to be a religious Jew (say) to regard a state ban on Judaism as a violation of one’s freedom of religion. One’s freedom of religion entitles one to
have the option to practicing Judaism, even if one never chooses to pursue
it. The option is important because in having it one has a source of control
over one’s life that is rightfully one’s own.
There is a further point to be made, however. It is not only that people
who stay have an interest in the option of moving. People who stay are actually exercising the same basic liberty as the people who migrate: their freedom of movement. This point is too easily missed. People tend to assume
that freedom of movement is all about movement, when in fact freedom of
movement includes the freedom to stay. Freedom of movement entitles one
to control over one’s movements. To have control, one must be able to
decide not just where to move but whether to move. The point is not purely
conceptual. Freedom of movement encompasses the freedom to move and
to stay because the same set of interests are at stake in each case. People’s
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