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Home > Main Library > Human Rights > Freedom of Movement > Freedom of Movement - standards and mechanisms

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Freedom of Movement - standards and mechanisms

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Title: Right to freedom of movement - Legislation Online summary
Description/subject: Freedom of movement within state territory: The right of freedom of movement is a fundamental human right, to be accorded to all individuals within States. Migrants exercising this right may however be subject to restrictions in their movements on entering a State of which they are not yet permanent residents or nationals. Article 13 (1) of the Universal Declaration of Human Rights, (1948) (UDHR), states that "everyone has the right to freedom of movement and residence within the borders of each State”. Article 12 (1) of The International Covenant on Civil and Political Rights, (1966) (ICCPR), a legally binding instrument, provides for the right to liberty of movement and freedom to choose ones residence for those ‘lawfully’ within the territory of a State. This would therefore exclude irregular migrants entering a State, of which they are not a national, although migrants whose status has been regularised would be considered to be lawfully within the territory for the purposes of Article 12. A number of national constitutions reflect this provision of international law and provide citizens with the right to freedom of movement within the State. However this right may not be fully extended to migrants present within the territory who may be restricted to residing in certain parts of the country...
Language: English
Source/publisher: Legislation Online
Format/size: html
Date of entry/update: 29 January 2012