Restricting the Liberty of Movement of Asylum Seekers : A Study of the Compatibility with International Human Rights Law
Lövholm, Kristoffer (2022)
Lövholm, Kristoffer
2022
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https://urn.fi/URN:NBN:fi-fe2022051335095
https://urn.fi/URN:NBN:fi-fe2022051335095
Tiivistelmä
The restriction of asylum-seekers liberty of movement is a common occurrence. Asylum-seekers are often deprived of their liberty or have their liberty of movement restricted when they arrive in a new country. Places where the asylum-seekers regularly are placed are airports, prisons, asylum centres and land and sea borders, often for extended periods of time.
The COVID-19 pandemic has created new challenges for States when they are restricting the liberty of movement of asylum-seekers. States also need to protect the asylum-seekers from the COVID-19 virus and not unnecessarily expose them to the virus. The States are therefore forced to take extra precaution, especially when depriving asylum-seekers of their liberty.
Analysing the extent to which restrictions made by European States on asylum-seekers’ liberty of movement are compatible with the States obligations under international human rights law, specifically Article 5 of the European Convention on Human Rights and Article 2 of Protocol No. 4 to the European Convention.
By examining European Court of Human Rights case law, Conventions and literature it can be concluded that States restrictions on the liberty of movement of asylum-seekers are compatible with international human rights law when the restrictions have a legitimate aim and be in proportion to the legitimate aim pursued. The restrictions must also be necessary in a democratic society and other less restrictive means must have been considered and deemed insufficient.
The COVID-19 pandemic has created new challenges for States when they are restricting the liberty of movement of asylum-seekers. States also need to protect the asylum-seekers from the COVID-19 virus and not unnecessarily expose them to the virus. The States are therefore forced to take extra precaution, especially when depriving asylum-seekers of their liberty.
Analysing the extent to which restrictions made by European States on asylum-seekers’ liberty of movement are compatible with the States obligations under international human rights law, specifically Article 5 of the European Convention on Human Rights and Article 2 of Protocol No. 4 to the European Convention.
By examining European Court of Human Rights case law, Conventions and literature it can be concluded that States restrictions on the liberty of movement of asylum-seekers are compatible with international human rights law when the restrictions have a legitimate aim and be in proportion to the legitimate aim pursued. The restrictions must also be necessary in a democratic society and other less restrictive means must have been considered and deemed insufficient.