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Therighttoleaveacountry,includingone'

sown,isanecessaryprerequisitetotheenjoymentof a number of other human rights, most notably the right to seek and enjoy asylum and to be protected against ill-treatment.

States are entitled to place restrictions on the right to leave, if they are in compliance with the European Convention on Human Rights and the European Court of Human Rights case law. AnumberofmeasurestakenorenvisagedinrecentyearsbysomeCouncilofEuropememberstates in the Western Balkans pose serious challenges to the right to leave a country, enshrined in the

1963 Protocol No.

4 to the European Convention on Human Rights, as well as to the right to seek and enjoy asylum. The situation is of particular concern to the Council of Europe Commissioner for Human Rights given that these restrictive, migration-related measures have been adopted at the instigation of EU member states in pursuance of their immigration and border control policies, and have been tainted by discrimination as they have targeted and affected, in practice, the Roma. This Issue Paper examines the right to leave a country and what it means both as a right in international human rights instruments and as interpreted by European courts and UN treaty bodies. It focuses on six major themes: the right to leave a country, including one'

s own;

the right to seek and enjoy asylum;

non-nationals'

right to leave a country;

prohibited discrim- ination as regards the right to leave a country;

the situation in the Western Balkans;

and the impact of the EU externalisation of border control policies on the right to leave a country. The conclusions highlight the need for European states to examine or re-examine their migration laws and policies in order to fully align them with the European Convention on Human Rights and the Court'

s jurisprudence. PREMS

150813 GBR www.commissioner.coe.int www.coe.int The right to leave a country Issue Paper The Council of Europe is the continent'

s leading human rights organisation. It includes

47 member states,

28 of which are members of the European Union. All Council of Europe member states have signed up to the European Convention on Human Rights, a treaty designed to protect human rights, democracy and the rule of law. The European Court of Human Rights oversees the implementation of the Convention in the member states. ENG The right to leave a country Issue Paper by the Council of Europe Commissioner for Human Rights Council of Europe Contents??|

3 The opinions expressed in this work are the responsibility of the author(s) and do not necessarily reflect the official policy of the Council of Europe. All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). All other correspondence concerning this document should be addressed to the Office of the Commissioner for Human Rights. Issue Papers are commissioned and published by the Commissioner for Human Rights to contribute to debate and reflection on important current human rights issues. Many of them also include recommendations by the Commissioner for addressing the concerns identified. At the same time, all opinions in these expert papers do not necessarily reflect the Commissioner'

s position. Issue Papers are available on the Commissioner'

s website: www.commissioner.coe.int. Acknowledgements: This Issue Paper was prepared by Elspeth Guild, Jean Monnet Professor ad personam of European Immigration Law, Radboud University, Nijmegen. Cover photo: Beyond the Border ? Mathias Depardon Cover and layout: Documents and Publications Production Department (SPDP), Council of Europe ? Council of Europe, October