The safeguards of the right to free movement under the Refugee Convention

Juan Ruiz Ramos ()

Chapter 3 in The Freedom of Movement of Asylum Seekers within the State, 2025, pp 122-173 from Edward Elgar Publishing

Abstract: This chapter investigates the safeguards of the right to free movement within the country under the Refugee Convention, i.e. the conditions that State parties must meet to lawfully restrict this freedom. These safeguards differ depending on whether an asylum seeker is unlawfully present (Article 31(2)) or lawfully in the territory (Article 26). Moreover, the content of the safeguards that each of these articles provides is disputed in the literature. The chapter thus systematises the various views in legal doctrine and in UNHCR documents on matters such as the legitimate reasons for restricting movement, the principle of proportionality (including the meaning of ‘necessary’ in Article 31(2)), whether there is a need to adopt a general norm and to grant procedural safeguards, the non-discrimination clause in Article 26 and indirect restrictions on movement. It also proposes a particular interpretation of these two articles.

Keywords: Freedom of movement; Refugees unlawfully in the country; Proportionality; Aliens generally in the same circumstances; UNHCR; Rights of refugees (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035356836
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