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German Law of Return : ウィキペディア英語版
Right of return

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.〔(Liechtenstein v. Guatemala) () ICJ 1.〕
== Background ==
The Universal Declaration of Human Rights (UDHR) article 13 states that "()veryone has the right to freedom of movement and residence within the borders of each State. Everyone has the right to leave any country, including his own, and ''to return to his country.''" (emphasis added). There is disagreement as to what this actually means in practice as well as whether ''country'' refers to a state or a specific area of land. In addition, the change from ''State'' to ''country'' from the first sentence to the second clouds the issue.
Much of the controversy surrounding such a right, however, derives from disagreement surrounding what in UDHR article 13 is referred to as "his own". Because many countries are nation states predicated on the right to national self-determination, such countries often identify a special link between them and persons identified with the nation, or people, whose self-determination that country enables. National laws implementing a "right of return" tend to be predicated on that link. Because they give people of a certain background preferential immigration, however, such laws are controversial, especially where they are perceived to be at the expense of other people who want to immigrate or return.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Right of return」の詳細全文を読む



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