• No results found

It is notew orthy that fa m ily m em bers o f c itizen s in addition to this universal right have a right to adm ission as they are m em bers o f the com m unity from the w eak cosm op olitan p erspective (se e the com munitarian

Cosmopolitanism and the Right o f Admission

54 It is notew orthy that fa m ily m em bers o f c itizen s in addition to this universal right have a right to adm ission as they are m em bers o f the com m unity from the w eak cosm op olitan p erspective (se e the com munitarian

plan. Families are in addition often also a crucial part of the support that individuals need to pursue their life plans (Gibney 1986: 129-130; Carens 1994:157-158).55

Economic migrants do not have a right to admission from a weak cosmopolitan perspective. This follows from the fact that it is not a basic right to seek or obtain better economic opportunities as such: individuals can live autonomous lives as long as they have adequate

opportunities available to them. It should be pointed out in this context, however, that a person who has no or virtually no economic opportunities open to her, and lacks the possibility of earning a livelihood, is deprived of her basic right to exercise autonomy (but such a person would have a right to be admitted as a refugee under the weak cosmopolitan perspective). Co-nationals are not seen as having a right to admittance on the strength of their

55 G allow ay argues that n on -citizen s d o not have a right to entry to join persons they have b eco m e em otion ally dependent on, i f the d ependency, at least partly, is a con sequ en ce o f a ch o ice the person w illin g ly m ade. G allow ay likens the c h o ic e o f d evelop in g em otional attachm ent to a ch oice o f pursuing a particular carrier w hich n ecessitates a ccess to a particular state, and argues that n on -citizen s cannot w illin g ly put th e m selv es in a position o f d ependency and then have a right to adm ittance. T his argument is based on that autonom y is seen as b ein g as m uch about liv in g w ith o n ce ch o ices as it is about b ein g bailed out (G allow ay: 1993: 2 9 8 ). T his argum ent is not com patible w ith strong cosm op olitanism as it w ill put a heavier burden on certain in d ivid u als on the m orally arbitrary ground that they have ch osen to marry outside their com m unity. N or d o es it hold as a w eak cosm opolitan argum ent in that, it cannot be deem ed a n on -b asic right due to its voluntary nature. A p erson, w h o c h o o se s to put h erself at risk for the thrill or the hell o f it, d o es not necessary have a basic right to assistance. There are, h ow ever, tw o fatal problem s w ith G a llo w a y ’s argument. It is, first o f all, doubtful i f d ev elo p in g em otional ties can be seen as a ch o ice in the sam e w a y as taking the risk o f clim b in g a m ounting or ev en the ch o ice to pursue a particular carrier. T his as the develop m en t o f em otional ties in v o lv e s a co m p lex w eb o f social and p h ysical factors that m ost people feel is beyond their control. It w ould be strange to upbraid a person for not finding lo v e in a w ay on e m ight blam e a person for not w orking hard enough to ach iev e n ecessary q u alification s needed in the labour market or for risking her life to clim b a high m ountain. T his is not to say that eco n o m ic d ecision s, for exam p le, are totally w ithin p e o p le s’ control and that question o f lo v e lie s totally beyon d it. P eo p le cannot be held fu lly responsible for the course their p rofessional liv e s take and p eop le can certainly, to som e extent, affect their em otional life , but the tw o spheres are qualitatively different. T h is m eans that the right to fam ily unity hardly can be dem oted from the status as a b asic right on the ground that it is a c h o ice that a person could have refrained from m aking. S eco n d ly , even i f p eo p le could be held m orally responsible f a - their em otional d ep en d en cies, there is a d ifferen ce, betw een the fa m ily spheres and m o st other c h o ices. T o freely ch oose to pursue the partner o f o n e ’s c h o ic e , w ithout consideration o f m em bership status i s an ab solu tely fundam ental right. T o freely ch o o se a carrier, for exam p le, is a lso an important part o f individual freed om , but it is p o ssib le to restrict this right w ithout encroaching on the core o f a persons’ autonom ous life , provided that som e eco n o m ic opportunities are available. There is a q ualitatively difference betw een state action that interferes w ith a person’s p rofessional life and a p erson ’s fam ily life . T o be d ism issed from o n e ’s p ost can sim p ly not be com pared to be separated from o n e’s fam ily.

G ibney a lso d en ies that all individuals have a universal right to fa m ily reunification. H e, h ow ever, con d ition s h is argument on the prem ise that the separation m ust have been voluntary in the first p lace, h old ing that admitted refugees but not gu est w orkers m ust have the right to bring their fam ilies (G ibney 1986: 142).

T his argum ent se em s to run up against the lim its o f w hen a ch o ice is free or w h en a free c h o ice carries moral w eigh t. I f the con d ition s for a ch oice is unreasonable then, at least, the part o f the agreem ent w h ich pertains to the unreasonable condition carries n o m oral w eig h t and is not m orally binding. T hus admittance cannot be m ade dependent on that the fa m ily cannot jo in the im m igrant since this right is a b asic right in the first p lace, or at least any such part o f the agreem ent w ill be invalid. I.e. it se em s questionable to argue that refu gees have a right to bring their relatives, even i f the relatives are not in danger, sin ce the right to fam ily reunification is a b asic right and at the sam e tim e hold that w a v in g this important right is a fair condition for ad m ission in general.

right to individual autonomy, as the desire to live with kith and kin (as opposed to family) is not connected to their ability to exercise autonomy.56

Related documents