The freedom of movement of asylum-seekers within the host State under international and European human rights law

Asylum-seekers in several European States often have to endure policies that make them feel trapped in a specific part of the country or that constrain their movements to such an extent that their situation resembles detention. How can human rights law respond to these practices? This PhD thesis comprehensively examines the right to free movement within the country under international and European human rights law, as well as under the Spanish and German domestic legal systems. With a specific focus on asylum-seekers, the study analyses this issue from four different angles: (1) the travaux préparatoires of the various instruments that enshrine this freedom; (2) the personal scope of the right according to legal doctrine and case law; (3) the material scope of the right, i.e. the distinction between a restriction on movement and a deprivation of liberty; and (4) the safeguards offered by this right. By comparing the protection afforded to asylum-seekers with that extended to nationals and individuals in general, the thesis contributes to the growing literature on migration exceptionalism. Additionally, the exploration of the legal status of asylum-seekers under various treaties and the detailed assessment of the definition of ‘detention’ hold the potential to inform research in other areas of human rights law, including refugee law.