Right of people to travel within and outside of their own country
This article is about the right to travel. For the mechanical concept, see Range of motion.
"Free movement of persons" redirects here. For the freedom of movement within the European Union, see
European Single Market
.
Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,[1] and to leave the country and return to it. The right includes not only visiting places, but changing the place where the individual resides or works.[1][2]
"Everyone has the right to freedom of movement and residence within the borders of each state."
"Everyone has the right to leave any country, including his own, and to return to his country."[3]
Some people and organizations advocate an extension of the freedom of movement to include a freedom of movement – or migration – between the countries as well as within the countries.[4][5] The freedom of movement is restricted in a variety of ways by various governments and may even vary within the territory of a single country.[1] Such restrictions are generally based on public health, order, or safety justifications and postulate that the right to these conditions preempts the notion of freedom of movement.[6]
Common restrictions
Restrictions on international travel on people (immigration or emigration) are commonplace.
penal law can modify this right as it applies to persons charged with or convicted of crimes (for example, parole, probation, registration).[7] In some countries, freedom of movement has historically been limited for women, and for members of disfavored racial and social groups.[7] Circumstances, both legal and practical, may operate to limit this freedom. For example, a nation that is generally permissive with respect to travel may restrict that right during time of war
.
Restrictions may include the following:
national and regional official minimum wage tariff barriers to labour-market entry (free movement or migration of workers);
official
identity cards
(internal passports, citizenship licenses) that must be carried and produced on demand;
obligations on persons to register changes of address or of partner with the state authorities;
protectionist local/regional barriers to housebuilding and therefore settlement in particular districts;
trespassing into another individual's property.
motor vehicle normative road and highway design, in which pedestrian and bicycle access is severely restricted or absent
Freedom of movement between private properties
In some jurisdictions, questions have arisen as to the extent to which a private owner of land can exclude certain persons from land which is used for public purposes, such as a shopping mall or a park. There is also a rule of law that a landowner whose property has no public access can be awarded an easement to cross private land if necessary to reach his own property. Conversely, public nuisance laws prevent alternate use of public streets designated for public transit from being used for block parties and playing basketball.
Parents or other legal guardians are typically able to restrict the movements of minor children under their care, and of other adults who have been legally deemed incompetent to govern their own movement. Employers may legally set some restrictions on the movements of employees, and terminate employment if those restrictions are breached.
Domestic restrictions
Governments may generally sharply restrict the freedom of movement of persons who have been convicted of crimes, most conspicuously in the context of imprisonment. Restrictions may also be placed on convicted criminals who are on probation or have been released on parole. Persons who have been charged with crimes and have been released on bail may also be prohibited from traveling. A material witness may also be denied the right to travel.
Though travelling to and from countries is generally permitted (with some limitations), most governments restrict the length of time that temporary visitors may stay in the country. This can be dependent on country of citizenship and country travelled to among other factors. In some instances (such as those of
free movement of people in the European Union
, where citizens of any country in the EU and EFTA generally enjoy indefinite stay in other EU/EFTA countries.
Furthermore, restrictions on the right to relocate or live in certain areas of a country have been imposed in several countries, most prominently China.[8]
In a child custody dispute, a court may place restrictions on the movement of a minor child, thereby restricting the ability of the parents of that child to travel with their child.
Visa Restrictions Index ranks countries based on the number of other countries its citizens are free to enter without visa. Most countries in the world require visas or some other form of entrance permit for non-citizens to enter their territory.[7] Those who enter countries in defiance of regulations requiring such documentation are often subject to imprisonment or deportation.[5][9]
Most countries require that their citizens leave the country on a valid passport, travel document issued by an international organization or, in some cases, identification document. Conditions of issuance and the governments' authority to deny issuance of a passport vary from country to country.
Under certain circumstances, countries may issue travel documents (such as
laissez-passer
) to aliens, that is, to persons other than their own citizens.
Having a passport issued does not guarantee the right to exit the country. A person may be prohibited to exit a country on a number of reasons, such as being under investigation as a suspect, serving a criminal sentence, being a debtor in default,[10] or posing a threat to national security. This applies to aliens as well.
In some countries prohibition to leave may take the form of revocation of a previously issued passport. For example, the
United States of America may revoke passports at will.[11]
Some countries, such as the former
exit visa
to be allowed to leave the country.
Currently, some countries require that foreign citizens have valid visas upon leaving the country if they needed one to enter. For example, a person who overstayed a visa in Czech Republic may need to obtain an exit visa. In Russia, the inconvenience goes even further as the legislation there does not formally recognize residency permits as valid visas; thus, foreign citizens lawfully residing in Russia need to obtain "exit-entry" visas in order to do a trip abroad. This, in particular, affects foreign students, whose original entry visas expire by the time they return home.
Citizens of the
Xinjiang Uyghur Autonomous Region have been required to deposit their passports with the police. Each trip abroad must be approved by the government, which is more difficult for members of the Uyghur ethnic group.[12]
Saudi Arabia and Qatar require all resident foreigners, but not citizens, to obtain an exit visa before leaving the country.[13]
History
Europe
When
Egypt and was able to prohibit senators from traveling there without his permission. However, Augustus would also allow more liberty to travel at times. During a famine in 6 AD, he attempted to relieve strain on the food supply by granting senators the liberty to leave Rome and to travel to wherever they wished.[14]
In England, in 1215, the right to travel was enshrined in Article 42 of the Magna Carta:
It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above.
In the
serfs
freedom of movement.
The serfs of the Russian Empire were not given their personal freedom until Alexander II's Edict of Emancipation of 1861. At the time, most of the inhabitants of Russia, not only the serfs but also townsmen and merchants, did not have freedom of movement and were confined to their places of residence.[15]
(1) Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
(2) Everyone shall be free to leave any country, including his own.
(3) The above-mentioned rights shall not be subject to any restrictions except those provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
(4) No one shall be arbitrarily deprived of the right to enter his own country.
The ICCPR entered into force for the initial ratifying states on 23 March 1976, and for additional states following their ratification. In 1999, the U.N. Human Rights Committee, which is charged with interpreting the treaty, issued its guidelines for Article 12 of the ICCPR in its "General Comment No. 27: Freedom of Movement".[9]
While the treaty sets out the freedom of movement in broad and absolute terms, part four of Article 12 of the ICCPR admits that these freedoms may be restricted for a variety of reasons in the public interest. This clause is often cited to justify a wide variety of movement restrictions by almost every country that is party to it.[9]
COVID-19
Main articles:
Travel restrictions related to the COVID-19 pandemic
During the COVID-19 pandemic, restrictions on freedom of movement were implemented by many of the world's governments.
Examples of free movement arrangements between countries
European Union
Main article:
Four Freedoms (European Union)
Within the
Directive 2004/38/EC of 29 April 2004.[16] Union residents are given the right to enter any member state for up to three months with a valid passport or national identity card, and over three months with evidence of "sufficient resources... not to become a burden on the social assistance system". If the citizen does not have a travel document, the member state must afford them every facility in obtaining the documents. Under no circumstances can an entry or exit visa be required. There are some security limitations[17] and public policy restrictions on extended stays by EU residents. For instance, a member state may require that persons register their presence in the country "within a reasonable and non-discriminatory period of time". In general, however, the burden of notification and justification lies with the state. EU citizens also earn a right to permanent residence in member states they have maintained an uninterrupted five-year period of legal residence. This residency cannot be subject to any conditions, and is lost only by two successive years absence from the host nation. Family members of EU residents, in general, also acquire the same freedom of travel rights as the resident they accompany, though they may be subject to a short-stay visa requirement.[16] Furthermore, no EU citizen may be declared permanently persona non grata
within the European Union, or permanently excluded from entry by any member state.
Freedom of movement for workers is a policy chapter of the
TFEU
(ex 39 and 48) states that:
Freedom of movement for workers shall be secured within the Community.
Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission.
The provisions of this article shall not apply to employment in the public service.[18]
A different arrangement amongst 27 European countries, covers some but not all European Union member states together with some non-member states. The arrangement allows visa-free travel between the countries in this area, in general without border controls. A foreign national who holds a visa issued by any of these countries can travel freely within the area.
Mercosur
Main article:
Citizenship of Mercosur
The Mercosur alliance between Argentina, Brazil, Paraguay and Uruguay includes a freedom of movement area between its member states and five other associate states. Citizens don't require a passport to travel through other Mercosur or associate countries. Freedom of movement also extends to certain associated countries (Chile, Bolivia, Colombia, Ecuador and Peru), citizens of which can also travel to their territories without the need of a passport.
The Trans-Tasman Travel Arrangement between Australia and New Zealand allow citizens of each country to move between, and work within, the two countries with few limitations. The arrangements also extend to holders of permanent resident and resident return visas of Australia.
United Kingdom, Ireland, Isle of Man and Channel Islands
(GCC) citizens do not need a visa to enter each others countries and they also have the right to work in each GCC country. GCC citizens can use a GCC national identity card (rather than a passport) to travel between these states.
Freedom of movement between Russia and Belarus for local citizens exists similar to that which exists for British and Irish citizens within the Common Travel Area.
United States, Federated States of Micronesia, Marshall Islands, and Palau
Citizens of the FSM, Marshall Islands, Palau, and the United States may enter, reside, study and work in each respective country indefinitely without a visa.
Protection of right to freedom of movement in specific countries
Asia
Burma/Myanmar
The military regime in
Burma has been criticized for allegations of restrictions to freedom of movement.[19] These include restrictions on movement by political dissidents,[20] women,[8] and migrant workers.[8]