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The human right to mobility: two texts and two contexts

Abstract

This paper discusses two perspectives of human right to mobility from the analysis of texts written in different contexts. They are: The Universal Declaration of Human Rights (1948) and the Return Directive (2008). The theoretical reference adopted suggests that mobility is an ancient human practice that has achieved increased visibility based on the development of information technology, transportation and the globalization processes of production, circulation and consumption of goods, financialization and worldlization of culture. It considers that the national and international migration should be analyzed considering the multiple real determinations that affect children and adults, men and women, regular and irregular migrants, developed and developing countries. Using content analysis this article suggests that The Universal Declaration of Human Rights outlines a human right to mobility based on an equal citizenship perspective, the Return Directive proposes the criminalization of migration by the State supported by xenophobic actions from the civil society. It shows that signatory and proponent countries of The Universal Declaration of Human Rights in 1948 are today supporters of the Return Directive and that this inflection reflects a global trend towards a more closed, excluding and restrictive governance of the human right to mobility.

Keywords
human mobility; human rights; governance

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