How to Understand Limitations of the Right to Exit with Respect to Losses Associated with Health Worker Emigration: A Clarification

Abstract

There is a recent interest in the ethics of high-skilled worker emigration through which the limitations of the right to exit are discussed. Insightful arguments have been made in favour of (or against) the emigration restrictions on skilled workers in order to tackle the deprivations in developing countries. However, there is still a need for clarification on how we can understand, discuss and implement limitations of a right from a normative perspective. Significantly, how we understand the limitation of a right might determine how we approach such limitations – both in terms of the process of assessing the limitations and in terms of their implications. In this paper, I identify two distinct ways to understand limitations of the right to exit with respect to losses associated with health worker emigration, while also pointing to their implications for restrictive policies: (i) as a matter of scope, and (ii) as a matter of weight or emergency, which requires a compensatory scheme for the individual right holders. While the emergency restrictions seem to be a point of convergence in the literature, what defines an emergency and the nature of the compensation still warrant exploration. To that end, I also discuss from a normative perspective what might constitute a public emergency that would give states a prima facie prerogative to regulate temporary limitations on the exercise of the right to exit. In addition, I briefly introduce the implications of emergency restrictions, with a particular focus on compensatory schemes for individual right holders.

Author Biography

Yusuf Yuksekdag, Linköping University
PhD candidate and instructor at Centre for Applied Ethics, Linköping University
Published
2018-11-15
How to Cite
Yuksekdag, Y. (2018). How to Understand Limitations of the Right to Exit with Respect to Losses Associated with Health Worker Emigration: A Clarification. Etikk I Praksis - Nordic Journal of Applied Ethics, 12(2), 69-86. https://doi.org/10.5324/eip.v12i2.2433
Section
Artikler - Articles