| |
|
|
| Specific
Instruments |
|
Declaration on Territorial Asylum |
 |
| Date of adoption:
14/12/1967 |
Entry into
force:
- |
| System of protection:
Universal |
|
United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules) |
|
| Date of adoption:
14/12/1990 |
Entry into
force:
- |
| System of protection:
Universal |
|
Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime |
|
| Date of adoption:
10/5/1999 |
Entry into
force:
- |
| System of protection:
Universal |
|
Inter-american Convention on International Traffic in Minors |
|
| Date of adoption:
18/3/1994 |
Entry into
force:
15/8/1997 |
| System of protection:
Organization of American States |
|
European Agreement on the Abolition of Visas for Refugees |
|
| Date of adoption:
20/4/1959 |
Entry into
force:
4/9/1960 |
| System of protection:
Council of Europe |
|
European Agreement on Transfer of Responsibility for Refugees |
|
| Date of adoption:
16/10/1980 |
Entry into
force:
1/12/1980 |
| System of protection:
Council of Europe |
|
European Convention on Establishment |
|
| Date of adoption:
13/12/1955 |
Entry into
force:
23/2/1965 |
| System of protection:
Council of Europe |
|
European Convention on the Legal Status of Migrant Workers |
|
| Date of adoption:
24/11/1977 |
Entry into
force:
1/5/1983 |
| System of protection:
Council of Europe |
|
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families |
|
| Date of adoption:
18/12/1990 |
Entry into
force:
- |
| System of protection:
Universal |
|
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto |
|
| Date of adoption:
16/9/1963 |
Entry into
force:
2/5/1968 |
| System of protection:
Council of Europe |
|
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms |
|
| Date of adoption:
22/11/1984 |
Entry into
force:
1/11/1988 |
| System of protection:
Council of Europe |
|
Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live |
|
| Date of adoption:
13/12/1985 |
Entry into
force:
- |
| System of protection:
Universal |
|
European Agreement on Regulations governing the Movement of Persons between Member States of the Council of Europe |
|
| Date of adoption:
13/12/1957 |
Entry into
force:
1/1/1958 |
| System of protection:
Council of Europe |
| |
|
|
| General
Instruments |
 |
|
The Cairo Declaration on Human Rights in Islam |
|
| Date of adoption:
5/8/1990 |
Entry into
force:
- |
| System of protection:
Organization of the Islamic Conference |
|
European Social Charter (revised) |
|
| Date of adoption:
3/5/1996 |
Entry into
force:
1/7/1999 |
| System of protection:
Council of Europe |
|
European Social Charter |
|
| Date of adoption:
18/10/1961 |
Entry into
force:
26/2/1965 |
| System of protection:
Council of Europe |
|
American Convention on Human Rights (Pact of San Jose, Costa Rica) |
|
| Date of adoption:
22/11/1969 |
Entry into
force:
18/7/1978 |
| System of protection:
Organization of American States |
|
International Covenant on Civil and Political Rights (ICCPR) |
|
| Date of adoption:
16/12/1966 |
Entry into
force:
23/3/1976 |
| System of protection:
Universal |
|
Charter of Fundamental Rights of the European Union |
|
| Date of adoption:
7/12/2000 |
Entry into
force:
- |
| System of protection:
European Union |
|
Universal Declaration of Human Rights (UDHR) |
|
| Date of adoption:
10/12/1948 |
Entry into
force:
- |
| System of protection:
Universal |
|
American Declaration of the Rights and Duties of Man |
|
| Date of adoption:
2/5/1948 |
Entry into
force:
- |
| System of protection:
Organization of American States |
|
African Charter on Human and Peoples' Rights (Banjul Charter) |
|
| Date of adoption:
27/6/1981 |
Entry into
force:
21/10/1986 |
| System of protection:
Organization of African Unity |
| |
|
|
| Articles |
|
|
Droit communautaire des droits fondamentaux |
|
|
Frédéric SUDRE |
| Latest update:
23/06/2003 |
First published:
2002 |
| Reference:
Rev. trim. dr. h. 2002; p. 659-683. |
|
Chronicle of the jurisprudence of the European Court of Justice in the field of Human Rights - 2001. |
|
Examen de jurisprudence (1995-2000) Chapitre 3 |
|
|
Pierre-François DOCQUIR - Rusen ERGEC |
| Latest update:
28/10/2002 |
First published:
1/5/2002 |
| Reference:
R.C.J.B., 2002/1, pp.85-229 |
|
The article reviews the whole of ECHR case law, from 1 January 1995 until 31 December 2000, highlighting the major threads and evolutions during this period. |
| |
|
|
| Websites |
|
|
OHCHR - Nationality, Statelessness, Asylum and Refugees |
| Languages:
English French Spanish |
 |
|
UN Documents and reports - News Room. |
|
Free Movement of People and Individual Rights |
| Languages:
English French German |
|
|
European Union context: High Level Panel - Frontier control - Qualifications - Right of Residence - Voting rights Infringements - EU Citizenship |
|
Dialogue with Citizens and Business |
| Languages:
Danish Dutch English Finnish French German Greek Italian Portuguese Spanish Swedish |
|
|
Weird, flashy site, but full of practical information about utilizing free movement of persons rights within the EU. An EC initiative that springs from the recommendations of the 1997 High-level panel report. Citizens' rights more than Human Rights. |
|
ECAS - Euro Citizen Action Service |
| Languages:
English French |
|
|
Information on: NGOs and Civil Society; Free movement and Citizens' Rights; and Access to Documents and Transparency. European Union context. ECAS is an independent "citizens' watchdog" group. |
| |
|
|
| Selected
Case Law |
|
|
Amnesty International v. Zambia |
|
| Date:
5/5/1999 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications No. 212/98, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th). |
|
Illegal deportation of prominent political figures - Alleged "forcible exile" - Freedom of Association - Violation of Articles 2, 7(1)(a), 8, 9(2), 10, 18(1) and (2) - No violation of Article 12 (2) based on restriction. |
|
Bob Ngozi Njoku v. Egypt |
|
| Date:
11/11/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 40/90, in Annex II (Communications) to the Eleventh Annual Activity Report of the African Commission on Human and Peoples' Rights, 1997-1998 (ACHPR/RPT/11th). |
|
Student arrested in transit through Egypt - Life sentence - No violation - Due process - Freedom of movement. |
|
Union Inter Africaine des Droits de l'Homme and 4 other NGOs v. Angola |
|
| Date:
11/11/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 159/96, in Annex II (Communications) to the Eleventh Annual Activity Report of the African Commission on Human and Peoples' Rights, 1997-1998 (ACHPR/RPT/11th). |
|
Illegal expulsions of aliens, including mass expulsions - Violation of Article 2 (Non-discrimination), 7 para. 1a (Due process), 12 paras. 4 and 5 (Prohibition of illegal and mass expulsions), 14 (Right to Property), 18 (Protection of the family). |
|
Rencontre Africaine pour la Défense des Droits de l'Homme v. Zambia |
|
| Date:
10/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 71/92, in Annex X (Communications) to the Tenth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1996-1997 (ACHPR/RPT/10th). |
|
Mass deportations - Local remedies not available - Violation of Articles 2 (enjoyment of rights without distinction), 7.1(a) (right to appeal), and 12(5) (prohibition of mass expulsion of non-nationals). |
|
Mehemi v. France |
|
| Date:
10/4/2003 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 10 April 2003, no 53470/99 |
|
sequel of ECHR,Mehemi v. France 1997 - residence granted only with certain restrictions - exclusion order remained, without legal effect - ECHR judgment admissibly executed - freedom of movement - forfeiture of rights from art.2 of Protocol no.4 |
|
Landvreugd v. the Netherlands |
|
| Date:
4/6/2002 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 4 June 2002, no. 37331/97 |
|
Police imposes ban on access to certain city area for drug possession - right to freedom of movement - preservation of public order - no violation of article 2 of Protocol n°4 ECHR |
|
Labita v. Italy |
|
| Date:
6/4/2000 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 6 April 2000. Request n° 26772/95 |
|
Suspicion of participation in a mafia-type organisation - Declarations of a former mafioso - Acquittal - Upholding of strict surveillance measures - Absence of necessity - Freedom of movement - Right to participate in elections - Violations. |
|
Gül v. Switzerland |
|
| Date:
19/2/1996 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 19 February 1996, Reports 1996-I, n° 53/1995/559/645. |
|
Family reunification - Refusal to allow parents to be joined by their minor child - Right of states to control the entry of non-nationals - Possibility to carry on with family life in the country of origin - No violation of Article 8. |
|
Beldjoudi v. France |
|
| Date:
26/3/1992 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 26 March 1992, A234-A. no. 55/1990/246/317. |
|
Expulsion of a non-national following several criminal sentences - Absence of links with the country of origin - Marriage to a national of the host country - Expulsion threatens family life - Violation of Article 8. |
|
Moustaquim v. Belgium |
|
| Date:
18/2/1991 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 18 February 1991, A-193, n° 26/1989/186/246. |
|
Expulsion of a foreigner, for reasons of public order (criminal past) - Crimes going back to adolescence - Family integrated in the host country, having lived there for 20 years - Little link with the country of origin - Violation of Article 8. |
|
Charles E. Stewart v. Canada |
|
| Date:
16/12/1996 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No 538/1993 : Canada. 16/12/96. CCPR/C/58/D/538/1993 |
|
Deportation of a British citizen following a criminal conviction - Canadian resident since childhood - No violation of Articles 12(4) (no arbitrary deprivation of the right to enter one's own country), 17 and 23. |
|
Angel N. Oló Bahamonde v. Equatorial Guinea |
|
| Date:
10/11/1993 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No. 468/1991 : Equatorial Guinea. 10/11/93. CCPR/C/49/D/468/1991 |
|
Freedom of expression - Political opinions - Confiscation of the passport and private property of an accused - Violation of Articles 9, 12, 14 et 26 - Damages in kind. |
|
Miguel González del Río v. Peru |
|
| Date:
28/10/1992 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No. 263/1987 : Peru. 28/10/92. CCPR/C/46/D/263/1987 |
|
Embezzlement of public funds - Ban on leaving the country for 7 years in spite of an absence of an indictment - Violation of Articles 12 (2) (right to leave a country) and 14(1) (due process). |
|
Eric Hammel v. Madagascar |
|
| Date:
3/4/1987 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/29/D/155/1983 |
|
Detention and deportation of a foreigner - Violation of Article 9(4) - Violation of Article 13 (right of a deported foreigner to submit reasons against his expulsion and to have his case reviewed by the competent authorities). |
|
Andre Alphonse Mpaka-Nsusu v. Zaïre |
|
| Date:
26/3/1986 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/27/D/157/1983 |
|
Attempt to establish a second political party in Zaire - Arbitrary detention - Persecution for political opinions - Violation of the freedom of movement and the right to participate in political life - Inadmissible based on Article 1. |
|
Carpenter v United Kingdom |
|
| Date:
11/7/2002 |
| Decision-making body:
The European Court of Justice |
| Legal reference:
C 60/00 |
|
Right of residence in favour of spouse from 3rd country to national of a Member State established in that State and providing services to persons in other Member States. Art 49 EC read in the light of the fundamental right to respect for family life |
| |
|
|
| Case Law
Websites |
|
|
Commonwealth Human Rights Case Law Database (The) |
| Languages:
English |
|
|
Allows you to browse or search for summaries of recent human rights decisions from national courts in Commonwealth jurisdictions. |
|
Council of Europe - Human Rights Web |
| Languages:
English French |
|
|
Search the case-law of the European Convention on Human Rights control bodies. |
|
Inter-American Court of Human Rights |
| Languages:
English Spanish |
|
|
Search the case law of the Inter-American Court. |
|
International Human Rights Law Database (The) |
| Languages:
English |
|
|
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database. |
|
Repertorio de Jurisprudencia del Sistema Interamericano de Derechos Humanos |
| Languages:
Spanish |
|
|
Directory of the case law of the Inter-American Court 1980 - 1997. |
| |
|
|
| Reports |
|
| empty |
| |
|
|
| Books |
|
|
Human Rights Standards and the Free Movement of People Within States |
|
|
Chaloka BEYANI |
| Reference:
Oxford, Oxford Monographs in International Law, Oxford University Press, 2000 |
| Languages:
|
|
On the right of people to move about and to choose where to live within states. Treaty Standards - Regulation of Movement Within States - Minorities - Exclusive Movement and Residence of Indigenous People on Traditional Lands - Refugees - Derogation. |
|
Jurisprudence de la Cour Européenne des Droits de l'Homme |
|
|
Vincent BERGER |
| Reference:
Paris, Dalloz, 2000 |
| Languages:
French |
|
Analytical summaries of the most important decisions rendered by the European Court of Human Rights since its creation in 1959.
This book does not contain commentaries on the of the soundness of the decisions or the Court's reasoning. |
|
Droits de l'homme et libertés fondamentales |
|
|
Jacques ROBERT |
| Reference:
Paris, Montchrestien, 1996 |
| Languages:
French |
|
Public liberties and legal systems: 1) in the declarations of rights; 2) procedures of recognition of liberties ; 3) ways of protection.
Liberties recognised under modern French law. |
|
La Grèce devant la Cour européenne des droits de l'homme |
|
|
P. Lambert Ed. |
| Reference:
Bruxelles, Droit & Justice, Bruylant, 2003 |
| Languages:
|
|
Analysis of the European Court of Human Right's case-law concerning Greece. |
| |
|
|
| Periodicals |
|
|
Revue trimestrielle des droits de l'homme |
|
| Reference:
Bruxelles, Nemesis |
| Contact:
vf@lambert.be |
http://www.revtrdrh.be |
| Languages:
French |
|
Specialized periodical. Articles on doctrine - Commentaries on the decisions of various courts - Extracts of new decisions - Bibliographies - News: conferences... Special issues. |
| |
|
|
| Human Rights
Actors |
|
|
Institute for Migration and Ethnic Studies (University of Amsterdam) (IMES) |
|
|
http://www.pscw.uva.nl/imes/ |
Type:Research / Education |
|
An interdisciplinary research institute of the University of Amsterdam. The research programme of IMES focuses on the Dutch case with specific attention given to the City of Amsterdam, but from an international and comparative perspective. |
|
International Center for Migration, Ethnicity and Citizenship (ICMEC) |
|
|
http://www.newschool.edu/icmec/ |
Type:Research / Education |
|
Scholarly research and public policy analysis bearing on international migration, refugees, and the incorporation of newcomers. Causes of large international migrations and refugee flows, Patterns of demographic change and policies, etc.... |
|
International Organization for Migration (IOM) |
|
|
http://www.iom.int/ |
Type:International or Regional Organization |
|
Acts to: assist in meeting the growing operational challenges of migration management - Advance understanding of migration issues - Encourage social and economic development through migration - Uphold the human dignity and well-being of migrants. |
|
ODIHR Migration/Freedom of Movement Unit () |
|
|
http://www.osce.org/odihr/democratization/migratio |
Type:International or Regional Organization |
|
Seeks to enhance respect of human rights of migrants by improving human rights standards among border service officers, by providing training on international standards and by advising on appropriate organizational structures. |
|
OSCE Office of Democratic Institutions and Human Rights (ODIHR (OSCE)) |
|
|
http://www.osce.org/odihr |
Type:International or Regional Organization |
|
Carries out projects, policy, publications and monitoring missions in the areas of human rights and democratization, minorities, institution-building, election observation, and more. |
|
Special Rapporteur of the Commission on Human Rights on the human rights of migrants () |
|
|
http://www.unhchr.ch/html/menu2/7/b/mmig.htm |
Type:United Nations System |
|
Mandate established in 1999, by E/CN.4/RES/1999/44 of 26 April 1999. |
| |
|
|