The “Right to Return” Viewed by the Macedonian Court System: The Case of N. S. and his Family Cover Image

The “Right to Return” Viewed by the Macedonian Court System: The Case of N. S. and his Family
The “Right to Return” Viewed by the Macedonian Court System: The Case of N. S. and his Family

Author(s): Mihail Stojanoski
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Civil Society, Sociology of Law, Peace and Conflict Studies
Published by: Udruženje “Pravnik”
Keywords: Right to return; Macedonian Constitution; human rights;

Summary/Abstract: The “right to return” is protected under the Macedonian Constitution, the UN Universal Declaration and numerous international covenants. However, so far there has been absolutely no precedent on this issue in Macedonian domestic law, and only marginally applicable precedent in the corpus of the European Court of Human Rights. The paper aims to follow the development of the case of N.S. and his family before the Macedonian court system, pending proceedings before the European Court of Human Rights (ECHR). The case refers to a possible violation of Protocol 4 Article 3 of the ECHR committed when the Macedonian government failed to act and as consequence N.S. and his family, Macedonian citizens, were left stranded in the Dominican Republic for four years with no means of getting home.

  • Issue Year: 3/2012
  • Issue No: 3
  • Page Range: 143-149
  • Page Count: 7
  • Language: English