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2013 Printed in France Contents Summary

5 Introduction

9 Section

1 C The right to leave a country, including one'

s own

13 United Nations human rights instruments

13 The European Convention on Human Rights

16 An overview of the European Court of Human Rights'

case law concerning the right to leave one'

s country

16 European Court of Human Rights'

case law concerning internal restrictions on movement

19 European Court of Human Rights'

case law concerning travel bans and the immigration laws of foreign countries

20 The European Union right of all citizens to free movement

22 Conclusion

23 Section

2 C The right to seek and enjoy asylum

25 The international framework

25 The European human rights framework

29 Conclusion

30 Section

3 C Non-nationals'

right to leave a country where they are residents or present

33 The UN framework

33 The European framework

34 Conclusion

36 Section

4 C Prohibited discrimination as regards the right to leave a country

37 Conclusion

39 Summary??|

5 |?? The right to leave a country

4 Section

5 C The situation in the Western Balkans

41 Conclusion

49 Section

6 C The impact of the EU externalisation of border control policies on the right to leave a country

53 Visas

54 Carrier sanctions

56 Readmission agreements

57 Push-backs

59 Conclusion

60 General conclusions

63 Summary This Issue Paper deals with the right to leave a country, including one'

s own, guaranteed notably in Article

2 of Protocol No.

4 to the European Convention on Human Rights (the Convention). The right to leave a country, whether it is one'

s country of citizenship or current presence, is a necessary prerequisite to the enjoyment of a number of other human rights, most notably the right to international protection from torture, inhuman or degrading treatment or punishment. States are entitled to place restrictions on the right to leave a country where these are justified in accordance with the Convention and as interpreted by the European Court of H........