Abstract
The right to leave a country, including one’s own, is enshrined in Article 13 of the Universal Declaration of Human Rights and Article 12 of the International Covenant on Civil and Political Rights. It is also incorporated in Article 2 of Protocol 4 to the European Convention on Human Rights. This right is marked both by its nature as a human right necessary for the enjoyment of rights such as the right to seek asylum or refuge, and by the restrictions that states may impose on it for reasons of security, public order and migration control. However, the right to leave a country does not constitute a sufficient legal entitlement for the choice of the country of destination. Its broad conception when it was first formulated is now limited by the establishment of exceptions and restrictions that restrict its scope as a consequence of migration policies in which potential destination countries have collaborated with countries of origin and transit to contain or prevent the departure of persons without legal qualifications to migrate regularly. The number of restrictions is such that it is reasonable to wonder whether the exceptions to the rule have diminished its content and applicability.
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