Human Rights, Free Movement, and the Right to Leave in International Law

Harvey, Colin; Barnidge, Robert P.

doi:10.1093/ijrl/eel025

Cited by 21 publications

(6 citation statements)

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“…It is beyond the scope of this article to carry out a detailed analysis of the exact scope of the right to leave. 94 For the purpose of this article, it suffices to note that, although the right to leave is not absolute, the Human Rights Committee has noted that 'restrictions must be provided by law, must be necessary in a democratic society for the protection of these purposes and must be consistent with all other rights recognised in the Covenant' . 95 Furthermore, 'the restrictions must not impair the essence of the right .…”

Section: (Ii) Implicit Non-refoulement Provisionsmentioning

confidence: 99%

Containment instead of Refoulement: Shifting State Responsibility in the Age of Cooperative Migration Control?

Pijnenburg

2018

SSRN Journal

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Section: (Ii) Implicit Non-refoulement Provisionsmentioning

confidence: 99%

Containment instead of Refoulement: Shifting State Responsibility in the Age of Cooperative Migration Control?

Pijnenburg

2018

SSRN Journal

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“…The tendency to overstate the constraints on liberal democracies posed by the "international human rights regime" is exacerbated by a failure to identify which rights that regime protects. Although international instruments recognize the right of individuals to leave any country, significantly there is no corresponding right to enter any country (Nafziger, 1983;Harvey and Barnidge, 2007). 7 This much would be evident to any foreign national arriving without a visa at airports in Sydney, Toronto, Auckland, or New York.…”

Section: Rights Not Recognizedmentioning

confidence: 99%

Managing International Migration in Australia: Human Rights and the “Last Major Redoubt of Unfettered National Sovereignty”

Opeskin

2012

International Migration Review

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This article challenges the view of many commentators that the capacity of liberal democracies to regulate international migration has been significantly compromised by the growth of international human rights norms and the role of independent judiciaries in enforcing those norms. Focusing on three Australian case studies that deal with deportation, mandatory detention of refugee claimants, and judicial review of migration decisions, the article concludes that international and domestic legal constraints still leave very substantial latitude to liberal democratic States to regulate the size and composition of international immigration flows. With only modest qualifications, migration policy remains “the last major redoubt of unfettered national sovereignty.”

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“…Clayton, 2004;Juss, 2005;Norman, 2007;Phelan and Gillespie, 2005;Rawlings, 2005), and the wider implications of asylum seeking and human rights violations (e.g. Clark, 2004;Fullerton, 2005;Goodwin-Gill, 1983;Harvey and Barnidge, 2007;Hathaway, 2002;Sawyer and Turpin, 2005). This macro approach is adopted by most social policy observers who examine the underlying causes of refugee movements (e.g.…”

Section: The Sociological Debate On Asylummentioning

confidence: 99%

Constructing truths in a culture of disbelief

Jubany

2011

International Sociology

130

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While a multitude of immigration officers enforce the numerous laws and policies regulating the arrival of asylum seekers, their work is often hidden from the public eye and ignored by academic debate, leaving fundamental questions unanswered: Is the migration debate blinded by bureaucracy or oblivious to the complexity of the asylum screening process? This article originates from an ethnographic study, which included over 80 interviews, six months of participant observation and four years of familiarization with the main actors, framed by a triangulation scheme that allowed in-depth exploration of the field from within. The study’s conclusions expose how identifying immigration officers’ subculture is key to understanding asylum controls and to reach beyond the legal shield and the rhetorical concepts of political debate. Based on this empirical research, this article exposes how officers’ criteria for screening individuals are not derived from regulations or laws but their own categorizations, rules and values derived from ambiguous stereotypes nurtured by officers’ experiences and social prejudices.

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Human Rights, Free Movement, and the Right to Leave in International Law

Cited by 21 publications

References 0 publications

Containment instead of Refoulement: Shifting State Responsibility in the Age of Cooperative Migration Control?

Containment instead of Refoulement: Shifting State Responsibility in the Age of Cooperative Migration Control?

Managing International Migration in Australia: Human Rights and the “Last Major Redoubt of Unfettered National Sovereignty”

Constructing truths in a culture of disbelief

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