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

  • Eleftheria Mathioudaki University of Kent

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

Author Biography

Eleftheria Mathioudaki, University of Kent
Medical Law and Ethics LLM, Kent Law School, University of Kent.
Published
2017-11-06
How to Cite
Mathioudaki, E. (2017). The right to leave a country: general implications and the case of migrants. Kent Student Law Review, 3. https://doi.org/10.22024/UniKent/03/kslr.310
Section
Articles