Right of return
Right of return
Main page

Right of return

logo
Community Hub0 subscribers

Right of return

logo
Community Hub0 subscribers
What are your thoughts?
Be the first to start a discussion here.
Be the first to start a discussion here.
Right of return

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 right to leave any country and to return to one's own country are regarded as human rights and are founded on natural law.

While the right of return was not explicitly recognized in antiquity, exile, being explicitly refused permission to return home, was a common punishment for severe crimes. The topic was discussed extensively by antique writers. For example, Teles of Megara in his diatribe On Exile wrote "But exiles are not allowed to return home, and this is a severe restriction of their freedom."

During antiquity, groups of people were frequently deported or uprooted from their cities and homeland, often as part of conquest or as a punishment for rebellion. In some cases they were allowed or encouraged to return, typically after the balance of military and political forces had changed.

A well-known example is the return to Zion, by which King Cyrus the Great granted the Jews expelled from Judah to Babylon the option to return to their ancestral homeland and rebuild Jerusalem. Recorded in the Hebrew Bible (Book of Ezra and Book of Nehemiah) this case is often cited as a precedent by modern Zionists and also inspired other groups seeking to pursue their own return.

During the Peloponnesian War, Athens expelled and scattered the inhabitants of Melos, Aegina and other cities (some of them being sold into slavery). Following the victory of Sparta, the Spartan general Lysander in 405 BC made a concerted effort to gather these exiles and restore them to their original cities.

See all
User Avatar
No comments yet.