I foreign fighters e il “diritto” al rimpatrio: alla ricerca di un difficile equilibrio nella sentenza H.F. e altri c. Francia

Abstract

The scope and the limits of the "right" of return enshrined by art. 3, §2, of Protocol No. 4 to ECHR is analysed. The issue, brought to the attention of the Grand Chamber of the ECtHR Court in the case H.F. and others v. France, is intertwined with the foreign fighters’ phenomenon and the counter-terrorism policies put in place in France. The complexity to achieve a balance between the protection of public security and the protection of individual rights is emphasised, particularly when dealing with vulnerable subjects such as women and minors.