Alejandra Mancilla

In this paper, I argue that taking basic human rights seriously—and the basic right to subsistence in particular—requires acknowledging that, given certain conditions, people in need have a right of necessity to take, use and/or occupy the property of others in order to get out of their plight. I explore the implications of this for the phenomenon of illegalized migration for subsistence reasons, and suggest that receiving countries ought not to deny entry to these migrants. On the contrary, those seeking to enter should be morally permitted to do it. The reason is that, just as basic rights should serve as internal limits to any minimally reasonable system of property rights, so should they serve as limits to any minimally reasonable system of territorial rights. After developing this idea, I address some objections to the principle and its application, and conclude by pointing to the immediate, mediate and final duties that this principle gives rise to.