A brief study of the forms of coercion ordered against the foreigner-extracommunity member, in an attempt to bring them within the parameters of the legally permitted. There is a ‘semantics of migration’ to which one must pay close attention when dealing with the issue of the personal freedom of foreigners; ; for there are words that profoundly change their meaning when brought together with the latter, starting with the very concept of freedom, which from identifying the primary value on which the enjoyment of the fundamental rights of the person depends, degrades to freedom of movement or residence for the foreigner; here, instead, other words are employed as substitutes: “restriction”, “holding”, “permanence” as pseudo-synonyms for detention. The aim of the operation is to subtract them from the constitutional guarantees that safeguard the inviolability of personal freedom

From 'detention' to the 'holding' of foreigners: a nuanced nomen iuris to circumvent the habeas corpus guarantees

lina Caraceni
2023-01-01

Abstract

A brief study of the forms of coercion ordered against the foreigner-extracommunity member, in an attempt to bring them within the parameters of the legally permitted. There is a ‘semantics of migration’ to which one must pay close attention when dealing with the issue of the personal freedom of foreigners; ; for there are words that profoundly change their meaning when brought together with the latter, starting with the very concept of freedom, which from identifying the primary value on which the enjoyment of the fundamental rights of the person depends, degrades to freedom of movement or residence for the foreigner; here, instead, other words are employed as substitutes: “restriction”, “holding”, “permanence” as pseudo-synonyms for detention. The aim of the operation is to subtract them from the constitutional guarantees that safeguard the inviolability of personal freedom
2023
9788813385071
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11393/317750
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