Chapter 9: Analysis
The most important issue we have to deal with is freedom of movement. (Anna Lindh, Swedish Social Democrat and former Foreign Minister, murdered in 2003) In Chapter 2 we suggest that there are five central themes that may be drawn from the literature, informing our understanding of the ways in which freedom of movement and mobility rights more broadly affect access to other substantive rights. The case studies provide a window for investigation. The idea that freedom of movement is a condition of action suggests that the right to move is fundamental and may be seen as a gateway right. The writings of Arendt, Sen and others point to the transformative power associated with the right to freedom of movement that they claim should be understood in expansive terms – not simply in terms of the ability to move but also in the right to settle and remain. This understanding aligns with the interpretation of European law provided in Chapter 3, where we note the relationship between citizenship rights and the practical enjoyment of one’s mobility. In addition the European Convention on Human Rights, which applies beyond the European Union, interprets the right to freedom of movement to include the rights of liberty of movement, freedom to choose one’s residence and the right to leave one’s country. The European Convention also protects the rights of individuals from expulsion.
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