The alien-polites bare life: from the ECHR
Abstract
In a critical legal thinking approach, and taking as prius the lack of objective judicial decisions from the European Court of Human Rights concerning article 16 of its Convention, an essayistic reflection is suggested on the anomy created for the restriction of aliens’ active citizenship. Following the thoughts of Giorgio Agamben on «bare life» and hodiernal «homines sacri», and of Costas Douzinas on the Philosophy of Human Rights, it is suggested that the best way to legally symbolise and solve that anomy implies darning the question about universal citizenship with the one concerning the realization of Human Rights, and contrasting real hospitality to mere symbolic tolerance. Therefore, the cosmopolitan appeal reappears with the transformative and emancipatory potential of Human Rights, opposing the polites to the idiotes.
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