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European Journal of Migration and Law 7 : 237–262, 2005. © 2005 Koninklijke Brill NV . Printed in the Netherlands. 237 * Centre for European Law and Integration, Faculty of Law, University of Leicester, United Kingdom. Certain parts of this article are based on an article, “The Need for Effective Remedies in Matters of Immigration and Border Control” (2005) 19 Migrantenrecht 259–262, and on a paper on “Border Control and Discrimination”, presented to the European Parliament Public Seminar on ‘Borders’, Committee on Civil Liberties, Justice and Home Affairs, European Parliament, Brussels, 30 March 2005. 1 E.g. Article 12(4) of the International Covenant on Civil and Political Rights (ICCPR) 1966 (999 UNTS 171) (“No one shall be arbitrarily deprived of the right to enter his own country”). The Human Rights Committee interprets Article 12(4) ICCPR to encompass long-term resident foreigners, including stateless persons. See General Comment No. 27; Freedom of Movement (Art. 12), UN Doc. CCPR/C/21/ Rev.1/Add.9 (2 November 1999), para. 20. Article 3(2) of Protocol No. 4 to the ECHR (16 September 1963; ETS No. 46) limits the “right to enter” to nationals (“No one shall be deprived of the right to enter the territory of the state of
European Journal of Migration and Law – Brill
Published: Jan 1, 2005
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