The human right to migration and emerging intercultural citizenships

Abstract

Despite its widespread application, the human right to migration proclaimed by Law No. 25.871 (2004) poses a legitimacy problem for the Argentinian state, since it means the state has recognized that people’s right to settle wherever they like is superior to the State’s right to regulate entry. In addition, the birth of a second, citizen generation leads immigrant communities to exercise their political powers. The experience from 19th century shows however how the States and social majorities try to exclude these communities with racist tools. Pressure for participation by immigrant descendants brings into question the „national“ character of the notion of citizenship. This paper explores different alternatives for the development of inclusive citizenships in a world where national states prevail.