European Yearbook on Human Rights 2018

European Yearbook on Human Rights 2018
Author: Filippo Fontanelli
Publisher:
Total Pages: 0
Release: 2018
Genre: Droits de l'homme (Droit international)
ISBN: 9781780687063

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Both in Europe and around the world, 2017 has been another difficult year for the protection of human rights. Split into its customary four parts, the tenth volume of the European Yearbook on Human Rights brings together renowned scholars to analyse some of the most pressing and topical human rights issues being faced in Europe today.

The right to leave a country

The right to leave a country
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 68
Release: 2013-10-01
Genre: Political Science
ISBN:

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The right to leave a country, including one's own, is a necessary prerequisite to the enjoyment of a number of other human rights, most notably the right to seek and enjoy asylum and to be protected against ill-treatment. States are entitled to place restrictions on the right to leave, if they are in compliance with the European Convention on Human Rights and the European Court of Human Rights case law. A number of measures taken or envisaged in recent years by some Council of Europe member states in the Western Balkans pose serious challenges to the right to leave a country, enshrined in the 1963 Protocol No. 4 to the European Convention on Human Rights, as well as to the right to seek and enjoy asylum. The situation is of particular concern to the Council of Europe Commissioner for Human Rights given that these restrictive, migration-related measures have been adopted at the instigation of EU member states in pursuance of their immigration and border control policies, and have been tainted by discrimination as they have targeted and affected, in practice, the Roma. This Issue Paper examines the right to leave a country and what it means both as a right in international human rights instruments and as interpreted by European courts and UN treaty bodies. It focuses on six major themes: the right to leave a country, including one's own; the right to seek and enjoy asylum; non-nationals' right to leave a country; prohibited discrimination as regards the right to leave a country; the situation in the Western Balkans; and the impact of the EU externalisation of border control policies on the right to leave a country. The conclusions highlight the need for European states to examine or re-examine their migration laws and policies in order to fully align them with the European Convention on Human Rights and the Court's jurisprudence.

The Right to Leave a Country

The Right to Leave a Country
Author: Elspeth Guild
Publisher:
Total Pages: 65
Release: 2013
Genre: Emigration and immigration law
ISBN:

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Citizenship as Foundation of Rights

Citizenship as Foundation of Rights
Author: Richard Sobel
Publisher: Cambridge University Press
Total Pages: 245
Release: 2016-10-26
Genre: Law
ISBN: 1316849090

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Citizenship as Foundation of Rights explores the nature and meaning of American citizenship and the rights flowing from citizenship in the context of current debates around politics, including immigration. The book explains the sources of citizenship rights in the Constitution and focuses on three key citizenship rights - the right to vote, the right to employment, and the right to travel in the US. It explains why those rights are fundamental and how national identification systems and ID requirements to vote, work and travel undermine the fundamental citizen rights. Richard Sobel analyzes how protecting citizens' rights preserves them for future generations of citizens and aspiring citizens here. No other book offers such a clarification of fundamental citizen rights and explains how ID schemes contradict and undermine the constitutional rights of American citizenship.

The Right to Leave Any Country Including Your Own in International Law

The Right to Leave Any Country Including Your Own in International Law
Author: Dimitry Kochenov
Publisher:
Total Pages: 0
Release: 2016
Genre:
ISBN:

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The paper analyses the current state of the right to leave any country in International Law. Having provided a brief outline of the key instruments of International Law both at the general and at the regional levels responsible for the formal shaping of the right (I.) the analysis moves on to a brief outline of the history of the right predating the entry into force of the documents described in the first section (II.) The focus then shifts to the assessment of the key challenges emerging in the context of the practical operation of the right. The role played by passports in making the right under scrutiny usable in practice is addressed (III.) The piece then proceeds to provide a brief assessment of the essential components of the possible limitations of this right (IV.) and concludes with a brief outline of the main findings, essentially coming to ask the question whether the right to leave any country including your own is de facto guaranteed in International Law, coming to a mildly negative conclusion.

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