Abstract
As one of the fundamental human rights that belong to every human being, freedom of movement is prescribed at the international, EU and national level. Every person has the right to move freely and must not be unlawfully deprived of freedom. The right to freedom of movement is the rule and restricting it the exception. Nevertheless, there occasionally do exist justified reasons for restricting certain rights, including the right to freedom of movement. Asylum seekers (ASs), much like all other persons, have the right to freedom of movement, though not always without restrictions. The migration and refugee crisis that began in 2015 brought many a challenge for the EU, a major one being the striking of balance between protecting human rights and protecting the national security of the Member States (MSs). Until the onset of the 2015 migration and refugee crisis, Sweden was a country open to migrants and refugees and highly protective of their rights. Soon after, as a self-protection and – preservation measure, Sweden began increasingly frequently restricting the freedom of movement of and imposing detention on ASs. But did Sweden’s newly adopted approach remain in line with international and European legal norms? To determine this, this article offers a systematic analysis of the compliance of Swedish legislation with international and EU standards in regard to restrictions on the freedom of movement of ASs, including minors, with special reference to the imposing of detention.
Reference20 articles.
1. DAMKER, M. Positive attityd till invandring trots mobilisering av invandringsmotstand. In: I framtidens skugga. Göteborg, 2012, pp. 95-105.
2. DI FILIPPO, M. The human right to liberty in the context of migration governance: some critical remarks on the recent practice in the light of the applicable legal framework. In: Deprivation of Liberty and Armed Conflicts: Exploring Realities and Remedies. Milano: Franco Angeli, 2019. ISBN 978-88-917-8255-7.
3. FLYNN, M. Who must be detained? Proportionality as a tool for critiquing immigration detention policy. Refugee Survey Quarterly. Oxford: Oxford Academic, 2012, Vol. 31, no. 3. ISSN 1020-4067.
4. GOODWIN-GILL, G. S. Article 31 of the 1951 Convention Relating to the Status of Refugees: Non-Penalization, Detention, and Protection. In: Refugee Protection in International Law, UNHCR Global Consultations on International Protection. Oxford: Oxford University Press, 2003. DOI: https://doi.org/10.1017/CBO9780511493973.011
5. GOODWIN-GILL, G. S. L'article 31 de la Convention de 1951 relative au statut des réfugiés: l'absence de sanctions pénales, la détention et la protection. In: La protection des réfugiés en droit international. Brussels: Larcier 2008, pp. 223-300.