Freedom of movement , mobility rights , or right to travel is a human rights concept that covers the individual's rights to travel from one place to another the territory of a country, and to leave the country and return to it. The right includes not only visiting places, but changing places where individuals live or work.
Such rights are granted in the constitutions of a number of states, and in documents reflecting the norms of international law. For example, Article 13 of the Universal Declaration of Human Rights affirms that:
- a citizen of a country in which the citizen is present has the freedom to travel, stay in, and/or work in any part of the country in which a person is pleased in the limits of respect for his freedom and rights. others,
- and that citizens also have the right to leave any country, including their own country, and return to their country at any time.
Some people and organizations advocate for the expansion of freedom of movement to include freedom of movement - or migration - between countries and also within countries. Freedom of movement is limited in various ways by various governments and may even vary within the territory of one country. Such restrictions are generally based on public health, order, or security justification and postulate that the right to this condition precedes the idea of ​​freedom of movement.
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Restrictions on international travel on people (immigration or emigration) are common. Within the country, freedom of travel is often more limited for minors, and criminal law may modify this right as it applies to persons accused or convicted of crimes (eg, parole, probation, enrollment). In some countries, freedom of movement has historically been limited to women, and to members of unwelcome racial and social groups. Circumstances, both legal and practical, may serve to limit this freedom. For example, a generally permissive country with respect to travel may restrict that right during times of war.
Restrictions may include the following:
- the national and regional official minimum wage tariffs for entry into the labor market (free movement or labor migration);
- official identity card (internal passport, citizenship license) to be carried and produced on request; obligation
- to people to register change of address or partner with state authority;
- protectionist local/regional barriers for housing construction and hence completion in certain districts;
- unauthorized access to someone else's property.
Freedom of movement among private properties
In some jurisdictions, the question arises as to the extent to which private landowners can exclude certain people from land used for public purposes, such as shopping malls or parks. There is also a rule of law that landowners whose properties are entirely coerced by other private landowners will have the right to cross private lands when necessary to reach public roads. The concept is also used as a basis for enacting laws to prevent the use of alternative roads, streets and ways to block or restrict freedom of movement such as blocking parties and playing basketball.
There is a shared obligation for an individual to not hinder the free movement of others. Where one prevents others from leaving an area, either by imprisoning them physically or with threats, the person may be subject to a fake imprisonment, and for criminal charges of kidnapping.
Parents or other legal guardians can usually limit the movement of children under their care, and other adults who are legally considered incompetent to organize their own movements. Entrepreneurs may legitimately impose some restrictions on employee movement, and terminate the employment relationship if such restrictions are violated.
Domestic restrictions
The government in general can sharply limit the freedom of movement of people who have been convicted of crime, the most striking in the context of imprisonment. Restrictions can also be made against criminals who are in probation or have been released with parole. Persons who are accused of crimes and are released on bail are also prohibited from traveling. A material witness may also be denied the right to travel.
Governments sometimes also restrict access to disaster-hit areas, or to places where public health threats exist. When a person presents a health threat due to an infectious disease infection, the government can quarantine the person, restricting his movement for the safety of others.
Although travel to and from the country is generally allowed (with some limitations), most governments limit the length of time for temporary visitors to live in the country. This can depend on the country and country traveling to one of the other factors. In some cases (such as refugees who are at risk of being exposed to direct harm when returning to their country or those seeking asylum), unlimited may be permitted on a humanitarian basis, but in most other cases, stay is generally limited. One exception to this is the Schengen Region, where citizens of any country in the EU generally enjoy an unlimited stay in other EU countries.
Furthermore, restrictions on the right to move or residence in certain regions of a country have been enacted in some countries, most notably in China.
In a child custody dispute, the court may place restrictions on the movements of small children, thus limiting the parent's ability to travel with their child.
Entry restrictions in certain countries
The Visa Restriction Index places a country based on the number of other countries that are free to enter without visas by other countries. Most countries in the world require visas or other entry forms for non-citizens to enter their territory. Those entering countries that are contrary to regulations that require such documentation are often subject to imprisonment or deportation.
Exit restrictions in certain countries
Most countries require citizens to leave the country with valid passports, travel documents issued by international organizations or, in some cases, identification documents. The conditions of issuance and governmental authority to refuse the issuance of passports vary from country to country.
In certain circumstances, countries may issue travel documents (such as laissez-passer) to foreigners, that is, to people other than their own citizens.
Having a passport issued does not guarantee the right to leave the country. A person may be forbidden to leave a country for a number of reasons, such as being investigated as a suspect, serving a criminal penalty, becoming a default debtor, or posing a threat to national security. This applies to aliens as well.
In some countries, the prohibition to leave may be a canceled passport previously issued. For example, the United States may revoke a passport at will.
Some countries, like the former Soviet Union, further require that their citizens, and sometimes foreign tourists, get exit visas to be allowed to leave the country.
Currently, some countries require foreign nationals to have a valid visa when leaving the country if they need one to enter. For example, someone who overstayed a visa in the Czech Republic may need to obtain an exit visa. In Russia, the inconvenience goes further because the law there does not formally recognize a residence permit as a valid visa; so, foreign nationals who are legally residing in Russia must obtain an "in and out" visa to travel abroad. This, in particular, affects foreign students, whose entry visas are expired by the time they return home.
People of the People's Republic of China who are residents of the mainland are required to apply for entry and exit permits to enter the Special Administrative Region of Hong Kong and Macao (and SAR residents require a Return Permit to visit the mainland). Since 2016, residents of the Xinjiang Uyghur Autonomous Region have been asked to deposit their passports with the police. Every trip abroad must be approved by the government, which is more difficult for members of the Uyghur ethnic group.
Saudi Arabia and Qatar require all foreigners who live, but not citizens, to obtain an exit visa before leaving the country.
Maps Freedom of movement
History
Europe
When Augustus established the Roman Empire in 27 BC, he took the monarchic power over the new Roman province of Egypt and could forbid senators from traveling there without his permission. However, Augustus will also allow more freedom to travel at certain times. During the famine of AD 6, he sought to release tension to the food supply by giving the senators the freedom to leave Rome and to travel wherever they wanted.
In the United Kingdom, in 1215, the right to travel enshrined in Article 42 of the Magna Chart:
In the Holy Roman Empire, the action instituted by Joseph II in 1781 has allowed freedom of movement for serfs. Russian slaves were not given their personal freedom until the Decree of the Emancipation of Alexander II in 1861. At that time, the vast majority of Russians, not only slaves, but also city dwellers and merchants, were deprived of freedom of movement and confined to their dwellings.
Declaration of the United Nations
Following the end of hostilities in World War II, the United Nations established on 24 October 1945. The new international organization recognized the importance of freedom of movement through documents such as the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966). Article 13 of the Universal Declaration of Human Rights, adopted by the United Nations General Assembly, shall read,
- (1) Everyone shall have the right to freedom of movement and to stay within the borders of each State.
- (2) Everyone has the right to leave any country, including his own country, and return to his country.
Article 12 of the International Covenant on Civil and Political Rights incorporates this right into the treaty law:
- (1) Anyone who is lawfully within the territory of a State shall, in that territory, be entitled to freedom of movement and freedom to choose his residence.
- (2) Everyone is free to leave any country, including his own country.
- (3) The above-mentioned rights will not be subject to any restrictions except those provided by law, necessary to protect national security, public order (ordre), public health or morals or the rights and freedoms of others, and be consistent with other rights recognized in the present Covenant.
- (4) No one may be arbitrarily deprived of his or her right to enter his own country.
The ICCPR entered into force for the early ratification countries on 23 March 1976, and for additional countries after their ratification. In 1999, the UN Human Rights Committee, charged with interpreting the treaty, issued its guidance for Article 12 of the ICCPR in its "General Comment No. 27: Freedom of Movement".
While the treaty establishes freedom of movement in a broad and absolute sense, the fourth part of Article 12 of the ICCPR recognizes that this freedom may be restricted for various reasons in the public interest. These clauses are often cited to justify the restrictions on movement by almost every country that feasts with it.
Cases by jurisdiction
Asia
Burma/Myanmar
The military regime in Burma was criticized for allegations of freedom of movement. This includes restrictions on movement by political opposition, women, and migrant workers.
China (Main)
On the mainland of the People's Republic of China, Hukou's household registration system made internal migration difficult, especially for rural residents to move to urban areas. Many people move to places where they do not have local hukou , but local governments may limit services such as subsidized schools, subsidized housing, and health insurance for those who have hukou >. This system was used as far as the Han Dynasty for tax collection, and more recently in the People's Republic to control urbanization. The Hukou system has also caused many municipalities to neglect the welfare of migrant workers because the size of the welfare and economic progress is based almost exclusively on conditions for those with local hukou.
Also, Chinese nationals are permitted to leave from mainland to Hong Kong or Macau only for travel, but not for residence unless they obtain "one-way permission" from Chinese authorities. Currently, the issuance of "one-way licenses" is limited to 150 per day.
The Tibetan Center for Human Rights and Democracy claimed in 2000 that people in Tibet should promise not to criticize the Chinese Communist Party before accepting official permission to go to India or Nepal. In addition, it is suspected that the Han Chinese in Tibet had a much easier time obtaining the permits necessary to live in urban areas than the ethnic Tibetans.
Hong Kong
As part of one country, the two system policies proposed by Deng Xiaoping and accepted by the British and Portuguese governments, the special administrative regions (SARs) of Hong Kong and Macau maintain separate border and immigration control policies with other parts of the PRC. Chinese nationals must obtain permission from the government before traveling to Hong Kong or Macau, but this requirement is officially abolished for each SAR after each handover. Since then, the restrictions imposed by the SAR government have been a limiting factor in the journey.
Under the Basic Law of Hong Kong of article 31, "Hong Kong residents have freedom of movement within the Hong Kong Special Administrative Region and immigration freedoms to other countries and territories They shall have the freedom to travel and enter or leave the Territory Unless otherwise provided by law, legitimate travel document holders shall be free to leave the Territory without special authorization. "
India
- The freedom to move freely throughout Indian territory although reasonable restrictions may be imposed on this right for the benefit of the general public, for example, restrictions may be imposed on movement and travel, so as to control the epidemic.
- The freedom to stay and settle in any part of the territory of India, subject to reasonable restrictions by the State for the benefit of the general public, or for the protection of tribes scheduled for certain protections, as here illustrated, seems justified in protecting indigenous peoples and tribes of exploitation and coercion.
Israel
The Basic Law of Israel: Human Dignity and Freedom, which has a quasi-constitutional status, states that "there shall be no deprivation or restriction of one's freedom by imprisonment, arrest, extradition or otherwise"; that "all are free to leave Israel"; and that "every citizen of Israel has the right to enter into Israel from abroad". In practice, the order "withholding departure from the state" is freely issued by Israeli courts, including non-custodial fathers who are not in arrears in child support. In March 2012, a corruption scandal uncovered the quasi-legal reality of Israeli passport control, as two officials were arrested for allegedly taking bribes to avoid a court ordering a ban on "out" traveling abroad. Freedom of movement in Israel is not equally protected and a source of much controversy in the Palestinian West Bank and, to a lesser extent, the Gaza Strip.
Japanese
The Constitution provides freedom of movement within the country, travel abroad, immigration, and repatriation, and the Government generally respects them in practice. Citizens have the right to travel freely both domestically and abroad, to change their place of residence, to emigrate, and to voluntarily repatriate. Citizenship may be ruled out by naturalization in a foreign country or by the failure of persons born with dual citizenship to elect citizenship at the prescribed age. The law does not allow for forced disposal, and it is not used.
Kuwait
Kuwait refused entry to Israeli passport holders as part of a boycott against Israel. In 2015 Kuwait Airways canceled a route between New York and London after a decision by the US Transportation Department that the airline had discriminated against by selling tickets to Israeli citizens. Direct flights between the US and Kuwait are not affected by this decision because Israelis are not allowed into Kuwait.
North Korea
The trip to North Korea is tightly controlled. The standard route to and from North Korea is by plane or train through Beijing. Direct transport to and from South Korea was possible on a limited scale from 2003 to 2008, when the road was opened (bus tour, no private car). Freedom of movement in North Korea is also limited, as citizens are not allowed to move freely within their countries.
Syria
Syrians are prohibited from leaving countries without special visas issued by government authorities.
The Syrian Constitution states "Every citizen has the right to freedom of movement within the territory of the State unless prohibited from here under the terms of a court order or a public health and safety order." In a report on the human rights mandate for the United Nations, Syria argued that because of this constitutional protection: "In Syria there is no law or action to restrict freedom of movement or citizens' residence". Legislative Decree No. 29 of 1970 regulates the right of aliens to enter, live in and leave the territory of Syria, and is a control document concerning the issuance of passports, visas, and diplomatic travel status. The document specifically states "The latter provision is intended only to ensure that our country is not the ultimate goal of a person without a state."
However, Syria has been criticized by groups, including Amnesty International for restrictions on freedom of movement. In August 2005, Amnesty International issued an "appeals case", citing several freedom of movement restrictions including unexplained restrictions, refusal to issue passports for political dissidents, detention, restrictions on entering certain structures, rejection of travel documents, and national denials.. The UN Human Rights Committee issues regular reports on human rights in Syria, including freedom of movement.
There are certain restrictions on the movement placed on Women, for example Syrian law now allows men to place restrictions on certain sisters. Women over the age of 18 are eligible to travel outside Syria, but female husbands may file a request for their wife to be banned from leaving the country. From July 2013, in certain villages in Syria (ie Mosul, Raqqu and Deir el-Zour), the ISIS no longer allows women to appear in public, they must be accompanied by a male relative known as a mahram.
Palestine
The restriction of the movement of Israelis and Palestinians in Israel and the West Bank by Israel and the Palestinian National Authority is a problem in the Israeli-Palestinian conflict. In the mid-1990s, with the implementation of the Oslo Accords and the division of the West Bank into three separate administrative divisions, Israel's freedom of movement was restricted by law. Israel says that the regime of restrictions is needed to protect Israel both in Israel and in the West Bank.
Checkpoints exist throughout and at the entrances and exits to the West Bank restricting non-Israeli movements on grounds of nationality, age, and gender among other criteria. While many such checkpoints are static, many are random, or are often sedentary. Full closure of the West Bank to the entrance or exit often occurs, generally occurs on Jewish Holidays.
Gaza citizens are only allowed to travel to the West Bank in exceptional humanitarian cases, especially urgent medical cases, but excluding marriage. It is possible to travel from the West Bank to Gaza only if the person promises to move to Gaza permanently. The Gazans are accepted only in Israel in extraordinary humanitarian cases. Since 2008, they have not been allowed to live or live in Israel because of marriage with Israelis. The Israelis who want to visit their mates in Gaza need permission for several months, and the Israelis can visit their first-degree relatives in Gaza only in extraordinary humanitarian cases.
Africa
Freedom of law moves and restrictions vary from country to country on the African continent, but some international agreements beyond those determined by the UN govern freedom of movement on the African continent. The African Charter on Human and Peoples' Rights Article 12 describes various forms of freedom associated with the movement. This confirms:
- Every individual has the right to freedom of movement and to stay within the bounds of the State provided that he obeys the law.
- Every individual has the right to leave any country including his own country, and return to his country. This right can only be subject to restrictions, provided by law for the protection of national security, law and order, public health or morality.
- Every individual has the right, when persecuted, to seek and obtain asylum in another country in accordance with the laws of those countries and international conventions.
- A non-national who is legally accepted on the territory of the States Parties to this Charter may only be excluded from it under a decision taken pursuant to law.
- Non-national mass expulsion is prohibited. Mass expulsion is intended for national, racial, ethnic or religious groups.
Charter ideas are principally supported by all signatory governments, although they are not strictly followed. There are attempts to get intellectuals recognized to have a special right of freedom of movement, to protect their intellectual ideals as they cross national boundaries.
Outside the African Charter on Human and Peoples' Rights, the Constitution of South Africa also contains freedom of expression, in section 21 Chapter 2. Freedom of movement is guaranteed to "all persons" in the case of leaving the country but limited to citizens when entering or living in it. Citizens also have the right to a passport, which is essential for exercising freedom of movement internationally.
Europe
European Union
Within the European Union, the population is guaranteed the right to freedom of movement within the EU internal borders by the Agreement on the Functioning of the European Union and the European Parliament and Council Directive 2004/38/EC on 29 April 2004. Unions are entitled to enter each Member State up to three months with a valid passport or identity card. If a citizen does not have travel documents, member countries must pay them every facility in obtaining documents. Under no circumstances, entry or exit visas are not required. There are some security restrictions and restrictions on public policy during the extended stay periods of EU residents. For example, member states may require people to register their presence in the country "within a reasonable and non-discriminatory time". But in general, the burden of notification and justification lies with the state. EU residents also get the right to permanent residence in their member countries having maintained a five-year period of unaffected legal life. This Residency can not be subject to any conditions, and disappears with only two consecutive years absent from the host country. Family members of EU residents, in general, also obtain the same freedom of travel rights as the residents they occupy, even though they may be subject to a short stay visa requirement. In addition, no EU citizen may be permanently declared persona non grata in the European Union, or permanently excluded from Member States.
Worker
Freedom of movement for workers is the policy chapter of the communist communist of the European Union. It is part of the free movement of people and one of the four economic freedoms: the free movement of goods, services, labor and capital. Article 45 TFEU (ex 39 and 48) states that:
- Freedom of movement for workers should be secured in the Community.
- Such freedom of movement would require the elimination of discrimination on the basis of citizenship between workers of Member States in respect of employment, wages and other conditions of employment and occupation.
- It will require rights, subject to justified constraints on the basis of public policy, public safety or public health:
- (a) to accept the actual job offer made;
- (b) to move freely within the territory of the Member State for this purpose;
- (c) to reside in a Member State for purposes of employment in accordance with the provisions governing the employment of nationals of a State determined by law, regulation or administrative action;
- (d) to remain in the territory of a Member State after being employed in that State, subject to conditions which shall be realized in the application of rules to be made by the Commission.
- The provisions of this article do not apply to work in public services.
Ireland
In the Republic of Ireland, the Third Amendment was adopted in November 1992 by a referendum to ensure freedom of movement under certain circumstances from a woman traveling abroad to receive an abortion. But with the success of the Eight Amendment of Ireland's Constitution on May 25, 2018, which guarantees the right to an abortion, this previous amendment is no longer necessary.
Italy
In Italy, freedom of movement is enshrined in Article 16 of the Constitution, which states:
"Every citizen has the right to live and travel freely in any part of the country, except for general restrictions as defined by law for health or safety reasons No restrictions may be imposed for political reasons Any citizen is free to leave territory of the republic and back there, regardless of any legal obligations. "
Norway Norway (Svalbard)
Uniquely, Norway's special region Svalbard is a fully visa-free zone under the terms of the Svalbard Treaty.
Polish
Polish citizens hold dual citizenship that although Poland joins the Schengen Territories, they are obliged to use Polish travel documents (Polish passports or, within the EU, National Polish ID cards (DowÃÆ'³d osobisty), or they will not be allowed to leave Poland by the Polish government The latest incidents are recorded on January 4, 2012.
Poland requires Polish citizens including foreign nationals who can or can be claimed or those suspected of being Polish citizens to enter and leave Poland using Polish passports.
Russian
The Russian Constitution in article 27 states that "1. Every person lawfully in the territory of the Russian Federation has the right to freedom of movement and to choose a place to live or live 2. Everyone may freely leave the territory of the Russian Federation. [Every] Federation Russia can return to the territory of the Russian Federation without any hindrance. "
The freedom of movement of Russian citizens across the country is legally limited in a number of situations, including the following:
- In closed cities (especially nuclear research centers) and adjacent border areas. Special permission is required to visit and settle there.
- In certain areas near the Russian international border.
- Emergency or quarantine areas.
- For the sake of justice (prison, court order, arrest, do not leave during criminal investigation etc.).
- Required.
Since the abandonment of the propiska system in 1993, a new law on enrollment has been passed. Unlike propiska which is a permit to live in a certain area, the registration as written in the law is only a notification. However, the administrative procedures developed "in implementation" of the enforcement law enforce such provisions on registration which effectively make it dependent on the landowner's consent. As landlords, for various reasons, are not interested in registering tenants or guests in their property, many internal migrants are prevented from executing their legal obligations to register. Prior to 2004, it was common for police to fine those who failed to register within 3 working days of residence. In 2004, the maximum allowable enrollment delay was raised to 90 days to make such a prosecution impractical. So now there is no obstacle to the movement of citizens per se. However, since registration is the primary source of a person's address for legal purposes, many internal migrants are still de facto second-class citizens deprived of their right to vote, get a passport or driver's license, etc.
The right of Russian citizens to leave Russia may be suspended legally for a number of reasons including:
- Persons who have access to confidential documents while working for a state or military, for the time when access is granted and up to 5 years thereafter. This limitation is included as a provision in the employment contract.
- For the sake of justice (prison sentence, bailiff orders, do not leave it.).
- If the person is subject to conscription.
Russia does not recognize (though does not prohibit) dual citizenship. Russian citizens who have foreign nationality may not enter or leave Russia in travel documents abroad. Russian citizens living abroad may be trapped in Russia if they need to obtain a passport during a visit to Russia; the legal terms for issuing a passport may be up to 4 months under certain circumstances. The Russian consulate office does not grant visas to foreign passport holders who are (or suspected) Russian citizens.
United Kingdom
The English have long enjoyed a relatively high degree of freedom of movement. Apart from Magna Carta, the protection of rights and freedoms in this field tends to come from general law rather than formal constitutional codes and conventions, and can be changed by Parliament without the protection embedded in the constitution.
It has been proposed that certain state restrictions on freedom of movement should be prohibited under the new or comprehensive Human Rights Act amended. A new basic law ban may include: road tolls and other restrictions on freedom of movement and ownership and use of private vehicles; personal identity card (internal passport, citizenship license) that must be produced at the request of the individual to access public services and facilities; and legal requirements for citizens to register change of address or partner with state authorities.
North America
Canada
The Canadian Constitution contains explicit mobility rights in section 6 of the Canadian Charter of Rights and Freedom. The prescribed rights include the right of citizens to leave and enter the state and the right of citizens and permanent residents to move within its limits. However, this sub-section protects the affective action programs of poor areas that benefit residents who have lived in this region longer. Section 6 of the right of mobility shall be any of the right to vote which can not be limited by clause despite the Charter.
The Canadian Social Union Framework Agreement, a government-wide agreement created in 1999, confirms that "All governments believe that freedom of movement from Canada to pursue opportunities wherever in Canada is an essential element of Canadian citizenship." Under the Agreement, it promises that "the Government will ensure that no new barriers to mobility are made in new social policy initiatives."
United States
Freedom of movement under United States law is governed mainly by the United States Constitution Privileges and Immunities Clause which states, "Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in several States." As far as the circuit court at Corfield v. Coryell, 6 Fed. Cas. 546 (1823), freedom of movement has been legally recognized as a fundamental constitutional right. In Paul v. Virginia, 75 U.S. 168 (1869), the Court defined the freedom of movement as "the right of free entry to another country, and out of them." However, the Supreme Court has not invested the federal government with the authority to protect freedom of movement. Under the "privilege and immunity" clause, this authority is granted to the state, a position consistently held by the Court for years in cases such as Ward v. Maryland, 79 US 418 (1871), Homemade Slaughter Cases, 83 US 36 (1873) and United States v. Harris, 106 US 629 (1883).
Internationally, 215 of the Immigration and Nationality Act of 1952 (currently codified in 8 USC Ã, 1185), it is unlawful for US citizens to enter or leave the United States without a US passport valid.
Oceania
Australia
There is no Australian federal law that guarantees freedom of movement within the Commonwealth of Australia. Australian laws limit the right to various reasons. As of July 1, 2016, Norfolk Island has separate immigration controls from other parts of Australia and permits are required for Australians or residents to enter. In August 2014, the Commonwealth of Australia proposes to regulate the rights of Australian nationals to travel to and from designated areas linked to terrorism.
See also
- Border control
- Air freedom
- Hypermobility (travel)
- Leave to sign in
References
External links
- Freedom of movement and its limitations in Cuba
- EU's Travel Freedom Policy
- International Covenant on Civil and Political Rights
- UN General Assembly, Universal Declaration of Human Rights, Article 13
- UN Human Rights Committee, General Comment No. 27: Freedom of Movement
Source of the article : Wikipedia
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