The Human Right to Leave Any Country: A Right to Be Delivered

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The Human Right to Leave Any Country: A Right to Be Delivered. / Guild, Elspeth; Stoyanova, Vladislava.

European Yearbook on Human Rights. 2018. s. 373-394.

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Guild, Elspeth ; Stoyanova, Vladislava. / The Human Right to Leave Any Country: A Right to Be Delivered. European Yearbook on Human Rights. 2018. s. 373-394

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TY - CHAP

T1 - The Human Right to Leave Any Country: A Right to Be Delivered

AU - Guild, Elspeth

AU - Stoyanova, Vladislava

PY - 2018

Y1 - 2018

N2 - The right to leave a country is enshrined in both international human rights law and its European counterpart. It is a right which is independent and does not require the individual exercising it to show that he or she is admissible in some other country. It is exercisable even in the absence of evidence of possible admission to a destination country. However, in Europe (and some other parts of the world) some states are seeking to encourage their neighbours to interfere with people’s right to leave a country on the grounds that these European states fear that people want to come to their borders. This article examines the right to leave a state from the perspective of international and European human rights law and questions the legality of various efforts to make it dependent on a right of entry to another country.

AB - The right to leave a country is enshrined in both international human rights law and its European counterpart. It is a right which is independent and does not require the individual exercising it to show that he or she is admissible in some other country. It is exercisable even in the absence of evidence of possible admission to a destination country. However, in Europe (and some other parts of the world) some states are seeking to encourage their neighbours to interfere with people’s right to leave a country on the grounds that these European states fear that people want to come to their borders. This article examines the right to leave a state from the perspective of international and European human rights law and questions the legality of various efforts to make it dependent on a right of entry to another country.

KW - Migration

KW - The right to leave

KW - Visa

KW - Carrier sanctions

KW - Maritime interdictions

KW - Non-refoulement

KW - EU migration policy

KW - Al Skeini, Regina v Immigration Officer at Prague Airport

KW - Illascu and Catan, Stamose v Bulgaria

KW - EU law

KW - Public international law

KW - Jurisdiction

KW - EU-rätt

KW - Folkrätt

KW - Illascu and Catan, Stamose v Bulgaria

KW - Al Skeini, Regina v Immigration Officer at Prague Airport

KW - Migration

KW - Visum

U2 - 10.1017/9781780688008.016

DO - 10.1017/9781780688008.016

M3 - Book chapter

SP - 373

EP - 394

BT - European Yearbook on Human Rights

ER -