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

Guild, Elspeth and Stoyanova, Vladislava LU (2018) p.373-394
Abstract
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... (More)
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. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Migration, The right to leave, Visa, Carrier sanctions, Maritime interdictions, Non-refoulement, EU migration policy, Al Skeini, Regina v Immigration Officer at Prague Airport, Illascu and Catan, Stamose v Bulgaria, EU law, Public international law, Jurisdiction, EU-rätt, Folkrätt, Illascu and Catan, Stamose v Bulgaria, Al Skeini, Regina v Immigration Officer at Prague Airport, Migration, Visum
host publication
European Yearbook on Human Rights
pages
373 - 394
ISBN
9781780688008
DOI
10.1017/9781780688008.016
language
English
LU publication?
yes
id
c4cec263-7994-4931-970f-615a13ffa168
date added to LUP
2018-08-09 19:36:56
date last changed
2019-12-02 08:31:23
@inbook{c4cec263-7994-4931-970f-615a13ffa168,
  abstract     = {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.},
  author       = {Guild, Elspeth and Stoyanova, Vladislava},
  booktitle    = {European Yearbook on Human Rights},
  isbn         = {9781780688008},
  language     = {eng},
  pages        = {373--394},
  title        = {The Human Right to Leave Any Country: A Right to Be Delivered},
  url          = {http://dx.doi.org/10.1017/9781780688008.016},
  doi          = {10.1017/9781780688008.016},
  year         = {2018},
}