Legal Concepts & Doctrines Codexery

Freedom of movement

A human right to travel and reside freely.

Freedom of movement

Freedom of movement, also known as mobility rights or the right to travel, is a human rights concept that encompasses the right of individuals to travel from place to place within the territory of a country, and to leave the country and return to it. This right includes not only visiting places but also changing the place where the individual resides or works, and is provided in the constitutions of numerous states and in documents reflecting norms of international law, such as Article 13 of the Universal Declaration of Human Rights.

field
Human rights concept
known_for
Right to travel within and leave a country
legal_basis
Article 13 of the Universal Declaration of Human Rights
common_restrictions
Public health, order, safety; criminal status; immigration policies
examples_of_restrictions
Minimum wage barriers, internal passport requirements, housing barriers, motor-vehicle-focused infrastructure

Lore & Background

The concept of freedom of movement is enshrined in international law, notably in Article 13 of the Universal Declaration of Human Rights, which asserts that everyone has the right to freedom of movement and residence within the borders of each state, and the right to leave any country, including one's own, and to return to it. Some people and organizations advocate extending this freedom to include free migration between countries.

Reader's Guide

Freedom of movement is a fundamental human right, but it is subject to various restrictions by governments, often justified on grounds of public health, order, or safety. Common restrictions include limitations on international travel through visa requirements, internal passport systems, and barriers to housing and employment that deter movement. The right is also limited for minors, convicted criminals, and in certain historical contexts for women and disfavored groups. The Visa Restrictions Index ranks countries based on how many other countries their citizens can enter without a visa, highlighting the wide variation in international travel freedom. Exit restrictions, such as passport revocation or denial, are also used by some states for reasons including criminal investigation, national security, or debt default. The balance between individual mobility and state control remains a central tension in the application of this right.

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