Diritti a prova di migrazione
DI ROSARIO PARADISO
ABSTRACT – The paper aims to introduce the debate developed about
migration, presenting the main actors in the contest: migrant and citizen.
Starting from the idea of a link between border and citizenship, the paper
explores the possibility to found a jus migrandi, discussing about the
dangers of a security- or cultural-minded conception of exclusion. This
investigation needs to pass through an analysis of one of the strongest
closed borders theses: self-determination as liberty of association. The main
point is to show that this liberal-type thesis reproduces the security or
cultural argument’s dangers, even indirectly. The weakness of the self-
determination induces to defend a symmetrical-founded liberty of
(im)migration, based on that of e-migration. The way to found this jus
migrandi is the all-things-considered model, as a way to conceive migration
as prima facie right founded – among others reason – on personal
autonomy. In the end, the propose is to resolve conflicts between citizenship
and migration by a specification model, with a case-to-case approach as a
way to resolve rights or liberty conflicts, expelling the possibility of denying
the right or liberty status to the losing value in a contingent conflict.
KEYWORDS – migration – exclusion – security – self-determination –
autonomy – prima facie – all-things-considered