SLP 08 (2014)

consideration of this duty is evident in both the return (expulsion, surrender) of persons staying in the territory of a European state, and the reaction of states against persons coming to the territory of any European state and seeking protection there. As can be observed primarily with respect to newly-arriving migrants and refugees, the practice of some states is aimed at insufficiently respecting rights guaranteed by the Convention and their attempts are apparently to avoid their duties towards migrants and their reception. The practical implementation of the protection against refoulement of newly arrived migrants may be, due to insufficient political will, barred by many obstacles, such as the case of search and rescue zones in high seas, which is dealt with by Eliška Flídrová. The second thematic area within the protection of human rights of migrants and refugees are issues relating to the restriction or deprivation of personal liberty connected with protection under Article 5 ECHR. Protection against arbitrary or unreasonable detention due to the fact that persons are forced migrants and may, in the territory of a state where they seek refuge, find themselves in an irregular position, has been analyzed in detail in the case law of the European Court of Human Rights; it represents an important piece in the mosaic of protection of the rights of persons in a vulnerable and difficult position connected with uncertainty as to their future status and possible forced return to their country of origin. Limits determined in its case law for states in their potential to restrict personal liberty of such “undesired” migrants (whether due to their irregular stay status or requested extradition to their country of origin) are described in chapters by Miloš Kulda and Viktor Kundrák. The chapters in the second thematic part (Part IV) clearly suggest that the existing international law of human rights contains a basic legal framework that may be in certain respects used when solving the situation of refugees and migrants; it also includes a certain guarantee of their basic rights. ͹. From ”improper” refugees to refugees proper? Today, improper refugees are protected primarily through the system of international protection of human rights, particularly at the regional level. However, this area represents only a subsidiary level of protection of “improper” refugees; as such it should play just a complementary role. It does not offer by itself such level of protection that may satisfactorily and comprehensively resolve the resident status and the legal status of forced migrants. Although due to the absence of a more appropriate legal framework such protection plays an irreplaceable role in guaranteeing the rights of these persons today, this situation should not be considered as satisfactory and sufficient. Theoretically, there may be several ways of solving the situation of improper refugees legally. One of them would be the adoption of a new convention, or protocol(s) of the Convention Relating to the Status of Refugees. However, reaching consensus of contracting states would be hardly achievable, and therefore this way seems too

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