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

European Yearbook on Human Rights (2018) pp.373-394

14 Pages Posted: 22 Aug 2018 Last revised: 13 Nov 2018

See all articles by Elspeth Guild

Elspeth Guild

Queen Mary University of London - School of Law

Vladislava Stoyanova

Lund University, Law Faculty

Date Written: August 9, 2018

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.

Keywords: Migration, The Right to Leave, Jurisdiction, 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

Suggested Citation

Guild, Elspeth and Stoyanova, Vladislava, The Human Right to Leave Any Country: A Right to Be Delivered (August 9, 2018). European Yearbook on Human Rights (2018) pp.373-394. Available at SSRN: https://ssrn.com/abstract=3229334

Elspeth Guild (Contact Author)

Queen Mary University of London - School of Law ( email )

Mile End Road
Lincoln's Inn Fields
London, London E1 4NS
United States

Vladislava Stoyanova

Lund University, Law Faculty ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden

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