Mobile Law and the Limits of Human Rights

It comes as a general rule that most states try to define the boundaries of human rights as broadly as possible, hoping to be able to limit them at their own discretion, in the face of certain circumstances – usually dictated by relentless political calculation. In such cases states often decide to violate even the most fundamental human rights standards, manifesting what has been called governmental xenophobia.

This presentation uses examples of such behavior by the Polish authorities concerning rejected refugees from the former Soviet republics and Poland's rejection of the EU Solidarity Relocation Plan, proudly boasting not to allow in refugees from North Africa and Syria. Through the Polish case this paper asks why for the states not directly affected by the consequences and burdens of mass refugee movements, mobility is a challenge to which they react in a hostile, excluding manner, violating human rights standards and excluding the possibility to resistance through law?