The Freedom of Movement of Asylum Seekers within the State: Scope and Safeguards under International Law

This insightful book discusses the predicament of asylum seekers across European states and the reception policies that constrain their movements. Juan Ruiz Ramos argues that, even when these policies do not amount to detention, they interfere with an often neglected right: the freedom of movement within the State. The author approaches this crucial issue through the lens of migration exceptionalism, illustrating how international law establishes lower human rights standards in the context of migration than in other circumstances. He outlines the complexities surrounding the right to freedom of movement for asylum seekers, as it only applies to those ‘lawfully within’ a country. The book analyses this right from three different angles: the travaux préparatoires of various international instruments, the personal scope of the right and the safeguards that it provides. It further assesses legal tools and case law at the universal level, such as the Refugee Convention and at the regional level, including the European Court of Human Rights. Students and scholars of human rights and public international law will greatly benefit from this incisive book. It is also a vital resource for policymakers, lawyers and campaigners working in refugee law, as well as practitioners in NGOs and institutions that support refugee and migrant rights.

Table of Contents:
Contents Introduction 1 A historical exploration of the right to free movement within the country in international law 2 The personal scope of the right: are asylum seekers entitled to freedom of movement? 3 The safeguards of the right to free movement under the Refugee Convention 4 The safeguards of the right to free movement of individuals in general 5 Conclusions References

About the Author :
Juan Ruiz Ramos, PhD in Public International Law, University of Granada, Spain and Vrije Universiteit Amsterdam, the Netherlands

Review :
‘Juan Ruiz Ramos has crafted a compelling monograph on freedom of movement as a fundamental right for asylum seekers and refugees. I have been waiting a long time for this book – with the lack of detailed research on this vital topic in recent years perplexing. In producing this work, Ramos skilfully engages with existing literature, while also becoming an authoritative voice on the issue. Given the global trends of detention and containment of the displaced, I sincerely hope this book finds a wide audience and becomes a catalyst for more urgent work on this fundamental right..’