Brief description:

Asylum-seekers in several European States often have to endure policies that make them feel trapped in a specific part of the country or that constrain their movements to such an extent that their situation resembles detention. How can human rights law respond to these practices? This book comprehensively examines the right to free movement within the country under international and European human rights law, as well as under the Spanish and German domestic legal systems. With a specific focus on asylum-seekers, the book analyses this issue from four different angles: (1) the travaux préparatoires of the various instruments that enshrine this freedom; (2) the personal scope of the right according to legal doctrine and case law; (3) the material scope of the right, i.e. the distinction between a restriction on movement and a deprivation of liberty; and (4) the safeguards offered by this right. By comparing the protection afforded to asylum-seekers with that extended to nationals and individuals in general, the book contributes to the growing literature on migration exceptionalism. Additionally, the exploration of the legal status of asylum-seekers under various treaties and the detailed assessment of the definition of “detention” hold the potential to inform research in other areas of human rights law, including refugee law.

Methodology:

Keywords: asylum law, Asylum-seekers, confinement of asylum-seekers, European Convention on Human Rights, human rights law, Immigration Detention, international refugee convention, restrictions on movement, rights of refugees, reception of refugees

Home University:

Universidad de Granada

Vrije Universiteit Amsterdam

Faculty:

Department of International Law and International Relations

Amsterdam Centre for Migration and Refugee Law

Supervisor: Lieneke Slingenberg and Javier Roldán Barbero

Added to catalogue on: 11-03-2024

Additional information: