Fundamental Human Rights: The Right of Return
The right of return is one of the fundamental human rights, being an inseparable component of the freedom of movement and the restoration of one’s connection with their homeland and community. The right of return is also the right of future generations and remains relevant until it is fully realized. It is enshrined in Article 13(2) of the UN Universal Declaration of Human Rights (1948), which states: “Everyone has the right to leave any country, including his own, and to return to his country.”
The universal recognition of the right of return is also affirmed in Article 12 (4) of the UN International Covenant on Civil and Political Rights (1966), which provides: “No one shall be arbitrarily deprived of the right to enter his own country.”
This provision is binding on all states, as the right to return is a norm of customary international law.
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📌 The right to return is particularly important for forcibly displaced persons and refugees who have been compelled to leave their places of residence as a result of war, ethnic cleansing, mass violence, genocide, or other grave violations. The right of return enables them to restore their broken connection with their native land, property, culture, and community, which is considered an essential condition for the restoration of human dignity and achieving justice. The right of return is closely linked to rights relating to property, family, and cultural identity; therefore, its violation leads to comprehensive and systemic violations.
📌 The realization of the right to return implies three fundamental principles:
1. Voluntariness – return must be entirely voluntary and free of coercion.
2. Safety – states are obliged to ensure that returnees have physical security and are protected from persecution, discrimination, and violence.
3. Dignity – return must enable the restoration of property rights, the enjoyment of economic, social, and cultural rights, and full reintegration into community and public life. Those exercising the right of return must have equal rights and must not become victims of discrimination.
📌 The violation of the right of return constitutes an infringement of fundamental human freedoms and may be qualified as a breach of international legal obligations.
