The Right to Leave any Country and the Interplay between Jurisdiction and Proportionality in Human Rights Law
(2020) In International Journal of Refugee Law 32(3). p.403-439- Abstract
- This article shows the importance in human rights law of the right to leave any country, particularly in the light of increasing efforts by European countries of destination to prevent departures, and to contain movement by enrolling countries of origin and transit to act as gatekeepers. The article highlights the autonomous nature of the right and clarifies the challenges in triggering its application. The opposability of the right to countries of destination is explored, which requires clarifying the difficulties in meeting the jurisdictional threshold in human rights law, and the complications in operationalizing the proportionality test under this qualified right. The article explains the interplay between these difficulties. It argues... (More)
- This article shows the importance in human rights law of the right to leave any country, particularly in the light of increasing efforts by European countries of destination to prevent departures, and to contain movement by enrolling countries of origin and transit to act as gatekeepers. The article highlights the autonomous nature of the right and clarifies the challenges in triggering its application. The opposability of the right to countries of destination is explored, which requires clarifying the difficulties in meeting the jurisdictional threshold in human rights law, and the complications in operationalizing the proportionality test under this qualified right. The article explains the interplay between these difficulties. It argues that the jurisdictional threshold expresses a political and legal relationship between the duty-bearer (the state) and the right-holders (the individuals). This relationship enables the operationalization of the substantive analysis as to whether measures limiting rights are in accordance with the law and are proportionate. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/3c090bb9-c6d8-44c5-a199-9f69d4ceaf3f
- author
- Stoyanova, Vladislava LU
- organization
- publishing date
- 2020
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Human rights, The right to leave, Jurisdiction, Proportionality, Refugees, Mänskliga rättigheter
- in
- International Journal of Refugee Law
- volume
- 32
- issue
- 3
- pages
- 403 - 439
- publisher
- Oxford University Press
- external identifiers
-
- scopus:85100951929
- ISSN
- 0953-8186
- DOI
- 10.1093/ijrl/eeaa030
- language
- English
- LU publication?
- yes
- id
- 3c090bb9-c6d8-44c5-a199-9f69d4ceaf3f
- date added to LUP
- 2020-04-02 13:38:13
- date last changed
- 2022-10-13 11:54:12
@article{3c090bb9-c6d8-44c5-a199-9f69d4ceaf3f,
abstract = {{This article shows the importance in human rights law of the right to leave any country, particularly in the light of increasing efforts by European countries of destination to prevent departures, and to contain movement by enrolling countries of origin and transit to act as gatekeepers. The article highlights the autonomous nature of the right and clarifies the challenges in triggering its application. The opposability of the right to countries of destination is explored, which requires clarifying the difficulties in meeting the jurisdictional threshold in human rights law, and the complications in operationalizing the proportionality test under this qualified right. The article explains the interplay between these difficulties. It argues that the jurisdictional threshold expresses a political and legal relationship between the duty-bearer (the state) and the right-holders (the individuals). This relationship enables the operationalization of the substantive analysis as to whether measures limiting rights are in accordance with the law and are proportionate.}},
author = {{Stoyanova, Vladislava}},
issn = {{0953-8186}},
keywords = {{Human rights; The right to leave; Jurisdiction; Proportionality; Refugees; Mänskliga rättigheter}},
language = {{eng}},
number = {{3}},
pages = {{403--439}},
publisher = {{Oxford University Press}},
series = {{International Journal of Refugee Law}},
title = {{The Right to Leave any Country and the Interplay between Jurisdiction and Proportionality in Human Rights Law}},
url = {{http://dx.doi.org/10.1093/ijrl/eeaa030}},
doi = {{10.1093/ijrl/eeaa030}},
volume = {{32}},
year = {{2020}},
}