A human right which comprises three basic elements: the freedom of movement within the territory of a country (Article 13(1), Universal Declaration of Human Rights, 1948; the right to leave any country; and the right to return to his or her own country (Article 13(2), Universal Declaration of Human Rights, 1948). Freedom of movement is also referred to in the context of freedom of movement arrangements between States at the regional level (e.g. European Union).
IOM, Glossary on Migration, Geneva, 2004, p. 26.
The term used in a sentence:
Freedom of movement is a normal aspect of human history, and the right to free movement, as recognised in international human rights instruments, can be usefully connected to notions of individual self-determination.
Colin Harvey, Robert P. Barnidge, “Human rights, free movement and the right to leave in international law”, International Journal of Refugee Law 1, 2 (2007).
Throughout the twentieth century, despite the rising ‘‘claim’’ to the exercise of free movement rights, the ‘‘right’’ to free movement in law has if anything, been subject to ever more restrictions in the developed world.
Satvinder S. Juss, ‘Free Movement and the World Order’, 16 International Journal of Refugee Law 289, 291 (2004)
The free movement of persons is a fundamental right guaranteed to European Union (EU) citizens by the Treaties. It is realised through the area of freedom, security and justice without internal borders. Lifting internal borders requires strengthened management of the Union’s external borders as well as regulated entry and residence of non-EU nationals, including through a common asylum and immigration policy.
Europa, Free movement of persons, asylum and immigration, Factsheet, http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/index_en.htm
Freedom of movement in international human rights instruments
1. Universal Declaration of Human Rights, 1948
Article 13
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
2. International Covenant on Civil and Political Rights, 1966
Article 12
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 which are 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.
3. Convention relating to the status of refugees, 1951
Article 26. Freedom of movement
Each Contracting State shall accord to refugees lawfully in its territory the right to choose their place of residence to move freely within its territory, subject to any regulations applicable to aliens generally in the same circumstances.
4. International Convention on the Elimination of All Forms of Racial Discrimination, 1965
Article 5
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (…)
(d) Other civil rights, in particular:
(i) The right to freedom of movement and residence within the border of the State;
(ii) The right to leave any country, including one’s own, and to return to one’s country;
5. Convention on the elimination of all forms of discrimination against women, 1981
Article 15
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
6. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990
Article 8
1. Migrant workers and members of their families shall be free to leave any State, including their State of origin. This right shall not be subject to any restrictions except those that are 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 part of the Convention.
2. Migrant workers and members of their families shall have the right at any time to enter and remain in their State of origin.
Article 39
1. Migrant workers and members of their families shall have the right to liberty of movement in the territory of the State of employment and freedom to choose their residence there.
2. The rights mentioned in paragraph 1 of the present article shall not be subject to any restrictions except those that are 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 Convention.
7. African Charter on Human and Peoples’ Rights, 1981
Article 12
1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law.
2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality.
3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions.
4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.
5. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups.
8. Arab Charter on Human Rights, 1994
Article 20
Every individual residing within the territory of a State shall have the right to liberty of movement and freedom to choose his place of residence in any part of the said territory, within the limits of the law.
Article 21
No citizen shall be arbitrarily or unlawfully prevented from leaving any Arab country, including his own, nor prohibited from residing, or compelled to reside, in any part of his country.
Article 22
No citizen shall be expelled from his country or prevented from returning thereto.
9. American Convention on Human Rights, 1969
Article 22. Freedom of Movement and Residence
1. Every person lawfully in the territory of a State Party has the right to move about in it, and to reside in it subject to the provisions of the law.
2. Every person has the right lo leave any country freely, including his own.
3. The exercise of the foregoing rights may be restricted only pursuant to a law to the extent necessary in a democratic society to prevent crime or to protect national security, public safety, public order, public morals, public health, or the rights or freedoms of others.
4. The exercise of the rights recognized in paragraph 1 may also be restricted by law in designated zones for reasons of public interest.
5. No one can be expelled from the territory of the state of which he is a national or be deprived of the right to enter it.
6. An alien lawfully in the territory of a State Party to this Convention may be expelled from it only pursuant to a decision reached in accordance with law.
7. Every person has the right to seek and be granted asylum in a foreign territory, in accordance with the legislation of the state and international conventions, in the event he is being pursued for political offenses or related common crimes.
(…)
9. The collective expulsion of aliens is prohibited.
10. Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, 1963
Article 2
- 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.
- Everyone shall be free to leave any country, including his own.
- No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in a democratic society in the interests of national security or public safety for the maintenance of ‘ordre public’, for the prevention of crime, for the protection of rights and freedoms of others.
- The rights set forth in paragraph 1 may also be subject, in particular areas, to restrictions imposes in accordance with law and justified by the public interest in a democratic society.
Article 3
- No one shall be expelled, by means either of an individual or of a collective measure, from the territory of the State of which he is a national.
- No one shall be deprived of the right to enter the territory of the State of which he is a national.
Article 4
Collective expulsion of aliens is prohibited.
11. The Charter of Fundamental Rights of the European Union, 2000
Article 45 Freedom of movement and of residence
1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States.
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing the European Community, to nationals of third countries legally resident in the territory of a Member State.
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