The right to enter his or her own country – EJIL: Talk!
▻https://www.ejiltalk.org/the-right-to-enter-his-or-her-own-country
The tension between the right of the State to regulate entry into its jurisdiction and the right of the individual to move freely has come to the fore in the COVID-19 pandemic. In an effort to contain the transmission of COVID-19, it has been reported that Samoa denied entry to eight of its nationals, and India prohibited the travel of individuals (including Indian nationals) to India from many States.
This post examines whether it is lawful for a State to deprive an individual of the right to enter his or her own country. The issue is examined principally through the lens of the International Covenant on Civil and Political Rights (ICCPR) but, where instructive, regional treaties are considered.
#Covid-19#migrant#migration#droitsfondamentaux#libertedecirculation#retour