Introduction 

The right to freedom of movement of persons is a fundamental right recognised by international law. It guarantees all individuals the freedom to move, to choose their residence, and to leave a country. This right is enshrined in the most important international legal instruments, such as the Universal Declaration of Human Rights and the International Covenants on Civil and Political Rights.

Development

While the legal instruments provide a solid framework for the protection of the free movement of persons, it should be noted that the practical implementation of this right varies considerably from one State to another. National migration policies can significantly restrict freedom of movement, particularly in terms of visas, residence permits, and expulsions. Article 13 of the Universal Declaration of Human Rights guarantees freedom of movement, which stipulates that everyone has the right to freedom of movement and residence within a State. It states that everyone has the right to leave any country, including their own, and to return to their country. Article 12 of the International Covenant on Civil and Political Rights states that everyone lawfully within the territory of a State shall have the right to liberty of movement and freedom to choose his residence. It provides that everyone shall be free to leave any country, including his own.

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, public health or morals, or the rights and freedoms of others, and are consistent with the other rights recognised in the present Covenant. ‘No one shall be arbitrarily deprived of the right to enter his own country’, according to the Covenant.

Rights for Migrant Workers

Article 39 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families states that migrant workers and members of their families shall be free to leave any State, including their State of origin. This right shall be subject only to such restrictions as are provided by law, are necessary to protect national security, public order, 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. Migrant workers and members of their families have the right to freedom of movement.

Conclusion 

The right to freedom of movement is a fundamental right recognised worldwide. The effectiveness of this right remains a challenge to be met in the context of globalisation that is centered on tensions linked to migration.

Social Media: https://www.facebook.com/share/15TSwBK1XH/