The safeguards of the right to free movement of individuals in general

Juan Ruiz Ramos ()

Chapter 4 in The Freedom of Movement of Asylum Seekers within the State, 2025, pp 174-203 from Edward Elgar Publishing

Abstract: This chapter analyses the safeguards of the right to free movement within the country under Protocol 4 to the European Convention on Human Rights and under the International Covenant on Civil and Political Rights, as interpreted by the European Court of Human Rights and the UN Human Rights Committee. It addresses topics such as the obligation to adopt a general law, the legitimate reasons for restricting movement, the principle of proportionality and procedural guarantees. These safeguards, which accrue to all individuals, will then be compared with the safeguards specifically applying to asylum seekers under the Refugee Convention. This comparison aims to contribute to the debate on migration exceptionalism or the two-tier human rights system, according to which international law tends to establish lower human rights standards in the context of migration than in other contexts.

Keywords: European Court of Human Rights; UN Human Rights Committee; Proportionality; International human rights law; Rights of migrants; Migration exceptionalism (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035356836
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