Right of return

The term right of return refers to a principle of international law , codified in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights , giving any person the right to return and re-enter his country of origin. This principle is sometimes reflected in special consideration in a country's immigration laws (called " repatriation ") which facilitate or encourage the reunion of a diaspora or dispersed ethnic population.

The right of return is a principle which is drawn from the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights , intended to enable people to return to, and re-enter, their country of origin. The 1951 Convention relating to the Status of Refugees (read together with its 1967 Protocol) does not give refugees a right to return, but rather prohibits return (refoulment) to a country where he or she faces serious threats to his or her life or freedom. The Convention binds the many countries which have ratified it. By contrast the right of return has not passed into customary international law, although it remains an important aspirational human right. Instead, international law gives each country the right to decide for itself to whom it will give citizenship.

The right of return is a principle in international law which guarantees everyone's right of voluntary return to, or re-entry to, their country of origin or of citizenship . A right of return based on nationality, citizenship or ancestry may be enshrined in a country's constitution or law, and some countries deny a right of return in particular cases or in general. The right is formulated in several modern treaties and conventions, most notably in the 1948 Universal Declaration of Human Rights , the 1966 International Covenant on Civil and Political Rights and the 1948 Fourth Geneva Convention . The Geneva Conventions , it has been argued, have passed into customary international law and that the right of return is binding on non-signatories to the conventions. The right of return is often invoked by representatives of refugee groups to assert that they have a right to return to the country from which they were displaced.

Principle in international law The right of return is a principle in international law which guarantees everyone's right of voluntary return to, or re-entry to, their country of origin or of citizenship . The right of return is part of the broader human rights concept freedom of movement and is also related to the legal concept of nationality . While many states afford their citizens the right of abode , the right of return is not restricted to citizenship or nationality in the formal sense. It allows stateless persons and for those born outside their country to return for the first time, so long as they have maintained a "genuine and effective link". The right is formulated in several modern treaties and conventions, most notably in the 1948 Universal Declaration of Human Rights , the 1966 International Covenant on Civil and Political Rights and the 1948 Fourth Geneva Convention . Legal scholars have argued that one or more of these international human rights instruments have attained the status of customary international law and that the right of return is therefore binding on non-signatories to these conventions. The right of return is often invoked by representatives of refugee groups to assert that they have a right to return to the country from which they were displaced. "The Human Rights Committee General Comment on Article 12 of the International Covenant on civil and Political Rights (November 1999)" . The International Covenant on Civil and Political Rights (ICCPR)" . Dislocation: The Bosnia Precedent?" . Michigan Journal of International Law . 19 (4).

Principle in international law The right of return is a principle in international law which guarantees everyone's right of return to, or re-entry to, their country of citizenship . The right of return is part of the broader human rights concept of freedom of movement and is also related to the legal concept of nationality . While many states afford their citizens the right of abode , the right of return is not restricted to citizenship or nationality in the formal sense. It allows stateless persons and for those born outside their country to return for the first time, so long as they have maintained a "genuine and effective link". The right is formulated in several modern treaties and conventions, most notably in the 1948 Universal Declaration of Human Rights , the 1966 International Covenant on Civil and Political Rights and the 1948 Fourth Geneva Convention . Legal scholars have argued that one or more of these international human rights instruments have attained the status of customary international law and that the right of return is therefore binding on non-signatories to these conventions. The right of return is often invoked by representatives of refugee groups to assert that they have a right to return to the country from which they were displaced. "The Human Rights Committee General Comment on Article 12 of the International Covenant on civil and Political Rights (November 1999)" . The International Covenant on Civil and Political Rights (ICCPR)" . Dislocation: The Bosnia Precedent?" . Michigan Journal of International Law . 19 (4).