The right to leave a country: general implications and the case of migrants

Abstract

Abstract

The article explores the right to leave a country, including one’s own and its relation to migration. Taking States’ sovereignty as a point of departure, it examines the correlation between the international provisions on the right to leave a country (e.g., the International Covenant on Civil and Political Rights 1966) and the methods that States use to control migration; such as the externalisation and closure of borders, increased document requirements and the criminalisation of migration. Moreover, the right to enter a country is critically examined as it constitutes the necessary corollary to the right to leave a country.  The analysis reveals a systematic violation of the discussed right due to the States’ fear of cross-border crime and as a demonstration of their sovereign power. Therefore, the data lead to the conclusion that there is a negative impact on people on the move, and particularly asylum refugees.     

Keywords

borders, sovereignty, migrants, surveillance, violations, human rights