 The personal scope of the right: are asylum seekers entitled to freedom of movement?Juan Ruiz Ramos () Chapter 2 in The Freedom of Movement of Asylum Seekers within the State, 2025, pp 66-121 from Edward Elgar Publishing Abstract: This chapter focuses on the personal scope of the right to free movement within the country. Under the Refugee Convention, it is disputed whether (and which) asylum seekers are ‘lawfully in the territory’ (Article 26). The chapter thus begins by classifying legal doctrine—and UNHCR—into different groups according to their views on the matter, and proposes one particular interpretation. This is followed by a review of the case law of the Human Rights Committee and the European Court of Human Rights on the personal scope of the right in the ICCPR and Protocol 4 ECHR, which grant this freedom only to persons ‘lawfully within’ the country. It then critically examines the idea that, under international law, States can make the ‘lawfulness’ of a person's migratory status conditional on their compliance with restrictions on movement; which this book terms ‘the principle of conditional lawfulness’. Keywords: Lawfully present; Lawfully in the territory; Refugees unlawfully in the country; Rights of refugees; Refugee Convention; European Convention on Human Rights; International Covenant on Civil and Political Rights; UNHCR (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:24357_3 Ordering information: This item can be ordered from Access Statistics for this chapter More chapters in Chapters from Edward Elgar Publishing |
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