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Freedom of movement, mobility rights, or the right to travel is a
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
concept encompassing the right of individuals to travel from place to place within the territory of a
country A country is a distinct part of the world, such as a state, nation, or other political entity. It may be a sovereign state or make up one part of a larger state. For example, the country of Japan is an independent, sovereign state, whi ...
,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' (2014), p. 73: "Freedom of movement within a country encompasses both the right to travel freely within the territory of the State and the right to relocate oneself and to choose one's place of residence". and to leave the country and return to it. The right includes not only visiting places, but changing the place where the individual resides or works.Kees Groenendijk, Elspeth Guild, and Sergio Carrera, ''Illiberal Liberal States: Immigration, Citizenship and Integration in the EU'' (2013), p. 206: " eedom of movement did not only amount to the right to travel freely, to take up residence and to work, but also involved the enjoyment of a legal status characterised by security of residence, the right to family reunification and the right to be treated equally with nationals". Such a right is provided in the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
s of numerous states, and in documents reflecting norms of
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. For example, Article 13 of the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt ...
asserts that: * "Everyone has the right to freedom of movement and residence within the borders of each state." * "Everyone has the right to leave any country, including his own, and to return to his country." Some people and organizations advocate an extension of the freedom of movement to include a freedom of movement – or migration – between the countries as well as within the countries. The freedom of movement is restricted in a variety of ways by various governments and may even vary within the territory of a single country. Such restrictions are generally based on public health, order, or safety justifications and postulate that the right to these conditions preempts the notion of freedom of movement.


Common restrictions

Restrictions on international travel on people (immigration or emigration) are commonplace.Dowty, Alan, ''Closed Borders: the Contemporary Assault on Freedom of Movement''.
Yale University Press Yale University Press is the university press of Yale University. It was founded in 1908 by George Parmly Day, and became an official department of Yale University in 1961, but it remains financially and operationally autonomous. , Yale Univers ...
, 1989.
Within countries, freedom of travel is often more limited for minors, and penal law can modify this right as it applies to persons charged with or convicted of crimes (for example,
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
, probation, registration). In some countries, freedom of movement has historically been limited for women, and for members of disfavored racial and social groups. Circumstances, both legal and practical, may operate to limit this freedom. For example, a nation that is generally permissive with respect to travel may restrict that right during time of war. Restrictions may include the following: * national and regional official minimum wage tariff barriers to labour-market entry (free movement or migration of workers); * official identity cards (internal passports, citizenship licenses) that must be carried and produced on demand; * obligations on persons to register changes of address or of partner with the state authorities; * protectionist local/regional barriers to housebuilding and therefore settlement in particular districts; * trespassing into another individual's property. * motor vehicle normative road and highway design, in which pedestrian and bicycle access is severely restricted or absent


Freedom of movement between private properties

In some jurisdictions, questions have arisen as to the extent to which a private owner of land can exclude certain persons from land which is used for public purposes, such as a
shopping mall A shopping mall (or simply mall) is a North American term for a large indoor shopping center, usually Anchor tenant, anchored by department stores. The term "mall" originally meant pedestrian zone, a pedestrian promenade with shops along it (that ...
or a park. There is also a rule of law that a landowner whose property has no public access can be awarded an easement to cross private land if necessary to reach his own property. Conversely, public nuisance laws prevent alternate use of public streets designated for public transit from being used for block parties and playing basketball. Parents or other legal guardians are typically able to restrict the movements of minor children under their care, and of other adults who have been legally deemed incompetent to govern their own movement. Employers may legally set some restrictions on the movements of employees, and terminate employment if those restrictions are breached.


Domestic restrictions

Governments may generally sharply restrict the freedom of movement of persons who have been convicted of crimes, most conspicuously in the context of imprisonment. Restrictions may also be placed on convicted criminals who are on probation or have been released on
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
. Persons who have been charged with crimes and have been released on bail may also be prohibited from traveling. A material witness may also be denied the right to travel. Though travelling to and from countries is generally permitted (with some limitations), most governments restrict the length of time that temporary visitors may stay in the country. This can be dependent on country of citizenship and country travelled to among other factors. In some instances (such as those of refugees who are at risk of immediate bodily harm on return to their country or those seeking asylum), indefinite stay may be allowed on humanitarian grounds, but in most other cases, stay is generally limited. One notable exception to this is the free movement of people in the European Union, where citizens of any country in the EU and EFTA generally enjoy indefinite stay in other EU/EFTA countries. Furthermore, restrictions on the right to relocate or live in certain areas of a country have been imposed in several countries, most prominently China. In a
child custody Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
dispute, a court may place restrictions on the movement of a minor child, thereby restricting the ability of the parents of that child to travel with their child.


Entrance restrictions in certain countries

The Visa Restrictions Index ranks countries based on the number of other countries its citizens are free to enter without visa. Most countries in the world require visas or some other form of entrance permit for non-citizens to enter their territory. Those who enter countries in defiance of regulations requiring such documentation are often subject to imprisonment or deportation.Eileen, D. (2016). Freedom of Movement. ''Diplomatic Law''. doi:10.1093/law/9780198703969.003.0024


Exit restrictions in certain countries

Most countries require that their citizens leave the country on a valid passport, travel document issued by an international organization or, in some cases, identification document. Conditions of issuance and the governments' authority to deny issuance of a passport vary from country to country. Under certain circumstances, countries may issue travel documents (such as laissez-passer) to aliens, that is, to persons other than their own citizens. Having a passport issued does not guarantee the right to exit the country. A person may be prohibited to exit a country on a number of reasons, such as being under investigation as a suspect, serving a criminal sentence, being a debtor in default, or posing a threat to national security. This applies to aliens as well. In some countries prohibition to leave may take the form of revocation of a previously issued passport. For example, the
United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
may revoke passports at will. Some countries, such as the former
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
, further required that their citizens, and sometimes foreign travelers, obtain an exit visa to be allowed to leave the country. Currently, some countries require that foreign citizens have valid visas upon leaving the country if they needed one to enter. For example, a person who overstayed a visa in
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
may need to obtain an exit visa. In
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
, the inconvenience goes even further as the legislation there does not formally recognize residency permits as valid visas; thus, foreign citizens lawfully residing in Russia need to obtain "exit-entry" visas in order to do a trip abroad. This, in particular, affects foreign students, whose original entry visas expire by the time they return home. Citizens of the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
who are residents of the mainland are required to apply for exit and entry endorsements in order to enter the
Special Administrative Regions The special administrative regions (SAR) of the People's Republic of China are one of the provincial-level administrative divisions of the People's Republic of China directly under the control of its Central People's Government (State Co ...
of
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a List of cities in China, city and Special administrative regions of China, special ...
and
Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
(and SAR residents require a Home Return Permit to visit the mainland). Since 2016, residents of the
Xinjiang Uyghur Autonomous Region Xinjiang, SASM/GNC: ''Xinjang''; zh, c=, p=Xīnjiāng; formerly romanized as Sinkiang (, ), officially the Xinjiang Uygur Autonomous Region (XUAR), is an autonomous region of the People's Republic of China (PRC), located in the northwest ...
have been required to deposit their passports with the police. Each trip abroad must be approved by the government, which is more difficult for members of the Uyghur ethnic group.
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the Ara ...
and
Qatar Qatar (, ; ar, قطر, Qaṭar ; local vernacular pronunciation: ), officially the State of Qatar,) is a country in Western Asia. It occupies the Qatar Peninsula on the northeastern coast of the Arabian Peninsula in the Middle East; it sh ...
require all resident foreigners, but not citizens, to obtain an exit visa before leaving the country.


History


Europe

When
Augustus Caesar Augustus (born Gaius Octavius; 23 September 63 BC – 19 August AD 14), also known as Octavian, was the first Roman emperor; he reigned from 27 BC until his death in AD 14. He is known for being the founder of the Roman Pr ...
established the
Roman Empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Roman Republic, Republican period of ancient Rome. As a polity, it included large territorial holdings aro ...
in 27 BC, he assumed monarchical powers over the new Roman province of
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a List of transcontinental countries, transcontinental country spanning the North Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via a land bridg ...
and was able to prohibit senators from traveling there without his permission. However, Augustus would also allow more liberty to travel at times. During a
famine A famine is a widespread scarcity of food, caused by several factors including war, natural disasters, crop failure, population imbalance, widespread poverty, an economic catastrophe or government policies. This phenomenon is usually accompan ...
in 6 AD, he attempted to relieve strain on the food supply by granting senators the liberty to leave
Rome , established_title = Founded , established_date = 753 BC , founder = King Romulus ( legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption ...
and to travel to wherever they wished. In
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
, in 1215, the right to travel was enshrined in Article 42 of the Magna Carta: :It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above. In the
Holy Roman Empire The Holy Roman Empire was a political entity in Western, Central, and Southern Europe that developed during the Early Middle Ages and continued until its dissolution in 1806 during the Napoleonic Wars. From the accession of Otto I in 962 unt ...
, a measure instituted by Joseph II in 1781 permitted serfs freedom of movement. The serfs of the
Russian Empire The Russian Empire was an empire and the final period of the Russian monarchy from 1721 to 1917, ruling across large parts of Eurasia. It succeeded the Tsardom of Russia following the Treaty of Nystad, which ended the Great Northern War ...
were not given their personal freedom until Alexander II's Edict of Emancipation of 1861. At the time, most of the inhabitants of Russia, not only the serfs but also townsmen and merchants, did not have freedom of movement and were confined to their places of residence.


United Nations Declaration

After the end of hostilities in
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
, the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
was established on October 24, 1945. The new international organization recognized the importance of freedom of movement through documents such as the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt ...
(1948) and the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fre ...
(1966). Article 13 of the Universal Declaration of Human Rights, adopted by the U.N. General Assembly, reads, :(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. Article 12 of the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fre ...
incorporates this right into treaty law: :(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 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. The ICCPR entered into force for the initial ratifying states on 23 March 1976, and for additional states following their ratification. In 1999, the U.N. Human Rights Committee, which is charged with interpreting the treaty, issued its guidelines for Article 12 of the ICCPR in its "General Comment No. 27: Freedom of Movement". While the treaty sets out the freedom of movement in broad and absolute terms, part four of Article 12 of the ICCPR admits that these freedoms may be restricted for a variety of reasons in the public interest. This clause is often cited to justify a wide variety of movement restrictions by almost every country that is party to it.


COVID-19

During the
COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identi ...
, restrictions on freedom of movement have been implemented by many of the world's governments.


Examples of free movement arrangements between countries


European Union

Within the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
, residents are guaranteed the right to freely move within the EU's internal borders by the Treaty on the Functioning of the European Union and the
European Parliament The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...
and Council Directive 2004/38/EC of 29 April 2004. Union residents are given the right to enter any member state for up to three months with a valid passport or
national identity card National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, c ...
. If the citizen does not have a travel document, the member state must afford them every facility in obtaining the documents. Under no circumstances can an entry or exit visa be required. There are some security limitations and public policy restrictions on extended stays by EU residents. For instance, a member state may require that persons register their presence in the country "within a reasonable and non-discriminatory period of time". In general, however, the burden of notification and justification lies with the state. EU citizens also earn a right to permanent residence in member states they have maintained an uninterrupted five-year period of legal residence. This residency cannot be subject to any conditions, and is lost only by two successive years absence from the host nation. Family members of EU residents, in general, also acquire the same freedom of travel rights as the resident they accompany, though they may be subject to a short-stay visa requirement. Furthermore, no EU citizen may be declared permanently '' persona non grata'' within the European Union, or permanently excluded from entry by any member state.


Workers

Freedom of movement for workers is a policy chapter of the '' acquis communautaire'' of the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
. It is part of the free movement of persons and one of the four economic freedoms: free movement of goods, services, labour and
capital Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used fo ...
. Article 45
TFEU The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
(ex 39 and 48) states that: # Freedom of movement for workers shall be secured within the Community. # Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. # It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health: #: (a) to accept offers of employment actually made; #: (b) to move freely within the territory of Member States for this purpose; #: (c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action; #: (d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission. # The provisions of this article shall not apply to employment in the public service.


Schengen Area

A different arrangement amongst 26 European countries, covers some but not all European Union member states together with some non-member states. The arrangement allows visa-free travel between the countries in this area, in general without border controls. A foreign national who holds a visa issued by any of these countries can travel freely within the area.


Mercosur

The Mercosur alliance between
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...
,
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Paraguay Paraguay (; ), officially the Republic of Paraguay ( es, República del Paraguay, links=no; gn, Tavakuairetã Paraguái, links=si), is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to t ...
and Uruguay includes a freedom of movement area between its member states and five other associate states. Citizens don't require a passport to travel through other Mercosur or associate countries.


Australia and New Zealand

The
Trans-Tasman Travel Arrangement The Trans-Tasman Travel Arrangement (TTTA) is an arrangement between Australia and the Realm of New Zealand which allows for the free movement of citizens of one of these countries to the other. The arrangement came into effect in 1973, and allo ...
between
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
and
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...
allow citizens of each country to move between, and work within, the two countries with few limitations. The arrangements also extend to holders of permanent resident and resident return visas of Australia.


United Kingdom, Republic of Ireland, Isle of Man and Channel Islands

The Common Travel Area arrangements allow citizens of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
and
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. ...
, and other British nationals resident in the
Isle of Man ) , anthem = " O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in Europ ...
and the
Channel Islands The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
, to travel freely in this area. The arrangements also extend to certain foreign nationals who hold visas issued by these countries.


Union State of

Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
and
Belarus Belarus,, , ; alternatively and formerly known as Byelorussia (from Russian ). officially the Republic of Belarus,; rus, Республика Беларусь, Respublika Belarus. is a landlocked country in Eastern Europe. It is bordered by ...

Freedom of movement between Russia and Belarus for local citizens exists similar to that which exists for British and Irish citizens within the Common Travel Area.


United States, Federated States of Micronesia, Marshall Islands, and Palau

Citizens of the FSM,
Marshall Islands The Marshall Islands ( mh, Ṃajeḷ), officially the Republic of the Marshall Islands ( mh, Aolepān Aorōkin Ṃajeḷ),'' () is an independent island country and microstate near the Equator in the Pacific Ocean, slightly west of the Inte ...
,
Palau Palau,, officially the Republic of Palau and historically ''Belau'', ''Palaos'' or ''Pelew'', is an island country and microstate in the western Pacific. The nation has approximately 340 islands and connects the western chain of the ...
, and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
may enter, reside, study and work in each respective country indefinitely without a visa.


Protection of right to freedom of movement in specific countries


Asia


Burma/Myanmar

The military regime in
Burma Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John C. Wells, Joh ...
has been criticized for allegations of restrictions to freedom of movement. These include restrictions on movement by political dissidents, women, and migrant workers.


China (mainland)

In the mainland of the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
, the Hukou system of household registration makes internal migration difficult, especially for
rural In general, a rural area or a countryside is a geographic area that is located outside towns and cities. Typical rural areas have a low population density and small settlements. Agricultural areas and areas with forestry typically are de ...
residents to move to urban areas. Many people move to places in which they don't have a local ''hukou'', but local governments can restrict services like subsidized schooling,
subsidized housing Subsidized housing is government sponsored economic assistance aimed towards alleviating housing costs and expenses for impoverished people with low to moderate incomes. In the United States, subsidized housing is often called "affordable hous ...
, and
health insurance Health insurance or medical insurance (also known as medical aid in South Africa) is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance, risk is shared among m ...
to those with local ''hukou''. The system was used as far back as the
Han Dynasty The Han dynasty (, ; ) was an Dynasties in Chinese history, imperial dynasty of China (202 BC – 9 AD, 25–220 AD), established by Emperor Gaozu of Han, Liu Bang (Emperor Gao) and ruled by the House of Liu. The dynasty was preceded by th ...
for tax collection, and more recently in the People's Republic to control
urbanization Urbanization (or urbanisation) refers to the population shift from rural to urban areas, the corresponding decrease in the proportion of people living in rural areas, and the ways in which societies adapt to this change. It is predominantly th ...
. The Hukou system has also led many municipal governments to disregard the welfare of migrant workers as measures of wellbeing and economic progress are based almost exclusively on conditions for those with a local ''hukou.''Maurer-Fazio, M., Connelly, R., & Tran, N. T. (2015). Negative native-place stereotypes and discriminatory wage penalties in China's migrant labour markets. In ''Handbook of Chinese Migration: Identity and Wellbeing'' (pp. 71-104). No, MA: Edward Elgar Publishing, Inc. Also, Chinese citizens are allowed to go from the mainland to
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a List of cities in China, city and Special administrative regions of China, special ...
or
Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
only for travel, but not for residence unless they obtain the " one-way permit" from Chinese authorities. Currently, the issuance of the "one-way permit" is limited to 150 per day. The
Tibetan Centre for Human Rights and Democracy The Tibetan Centre for Human Rights and Democracy (TCHRD) is a Tibetan non-governmental nonprofit human rights organization. The TCHRD investigates and reports on human rights issues in Tibet and among Tibetan minorities throughout China. It is ...
claimed in 2000 that people in
Tibet Tibet (; ''Böd''; ) is a region in East Asia, covering much of the Tibetan Plateau and spanning about . It is the traditional homeland of the Tibetan people. Also resident on the plateau are some other ethnic groups such as Monpa people, ...
had to promise not to criticize the
Chinese Communist Party The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and sole ruling party of the People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victorious in the Chinese Ci ...
before receiving official permission to leave for
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
or
Nepal Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne, सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is ma ...
. Additionally, it alleged that people of Han descent in Tibet have a far easier time acquiring the necessary permits to live in urban areas than ethnic Tibetans do.


Hong Kong and Macau

As a part of the one country, two systems policy proposed by
Deng Xiaoping Deng Xiaoping (22 August 1904 – 19 February 1997) was a Chinese revolutionary leader, military commander and statesman who served as the paramount leader of the China, People's Republic of China (PRC) from December 1978 to November 1989. Aft ...
and accepted by the British and Portuguese governments, the
special administrative regions The special administrative regions (SAR) of the People's Republic of China are one of the provincial-level administrative divisions of the People's Republic of China directly under the control of its Central People's Government (State Co ...
(SARs) of
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a List of cities in China, city and Special administrative regions of China, special ...
and
Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
retained separate border control and immigration policies with
Mainland China "Mainland China" is a geopolitical term defined as the territory governed by the China, People's Republic of China (including islands like Hainan or Chongming Island, Chongming), excluding dependent territories of the PRC, and other territorie ...
. Chinese nationals had to gain permission from the government before travelling to Hong Kong or Macau, but this requirement was officially abolished for each SAR after its respective handover. Since then, restrictions imposed by the SAR governments have been the limiting factor on travel. Under Basic Law of Hong Kong article 31, "Hong Kong residents shall have freedom of movement within the Hong Kong Special Administrative Region and freedom of immigration to other countries and regions. They shall have freedom to travel and to enter or leave the Region. Unless restrained by law, holders of valid travel documents shall be free to leave the Region without special authorization."


India

* Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and travelling, so as to control epidemics. * Freedom to reside and settle in any part of the territory of India, which is subject to reasonable restrictions by the State in the interest of the general public, or for protection of the scheduled tribes because certain safeguards, as are envisaged here, seem justified to protect indigenous and tribal peoples from exploitation and coercion.


Israel

Israeli Basic Law: Human Dignity and Liberty, which has quasi-constitutional status, declares that "there shall be no deprivation or restriction of the liberty of a person by imprisonment, arrest, extradition or otherwise"; that "all persons are free to leave Israel"; and that "every Israeli national has the right of entry into Israel from abroad". In practice, stay of exit orders are liberally issued by Israel courts, including on non-custodial fathers who are not in arrears in child support. In March 2012 a corruption scandal exposed the quasi-legal reality of Israeli passport control, as two officials were arrested for allegedly having taken bribes to circumvent court ordered "no exit" travel abroad bans. Freedoms of movement in Israel are not similarly protected and a source of much controversy in the Palestinian West Bank and, to a lesser extent, Gaza Strip.


Japan

The
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
provides for the freedom of movement within the country, foreign travel, immigration, and repatriation, and the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
generally respects them in practice. Citizens have the right to travel freely both within the country and abroad, to change their place of residence, to emigrate, and to repatriate voluntarily.
Citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
may be forfeited by naturalization in a foreign country or by failure of persons born with dual nationality to elect citizenship at the required age. The law does not permit forced exile, and it is not used.


Kuwait

Kuwait refuses admission to holders of Israeli passports as part of its boycott against Israel. In 2015 Kuwait Airways cancelled its route between New York and London following a decision by the U.S. Department of Transportation that the airline had engaged in discrimination by refusing to sell tickets to Israeli citizens. Direct flights between the US and Kuwait are not affected by this decision as Israeli citizens are not allowed to enter Kuwait.


North Korea

Travel to North Korea is tightly controlled. The standard route to and from North Korea is by plane or train via
Beijing } Beijing ( ; ; ), Chinese postal romanization, alternatively romanized as Peking ( ), is the Capital city, capital of the China, People's Republic of China. It is the center of power and development of the country. Beijing is the world's Li ...
. Transport directly to and from
South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed ...
was possible on a limited scale from 2003 until 2008, when a road was opened (bus tours, no private cars). Freedom of Movement within North Korea is also limited, as citizens are not allowed to move around freely inside their country.


Syria

Syrian citizens are prohibited from exiting the country without special visas issued by government authorities. The
Syrian Constitution The current Constitution of the Syrian Arab Republic was adopted on 26 February 2012, replacing one that had been in force since 13 March 1973. The current constitution delineates the basic function of that state's government. Among other things, ...
states "Every citizen has the right to liberty of movement within the territory of the State unless prohibited therefrom under the terms of a court order or public health and safety regulations.". In its mandated report on human rights to the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
, Syria has argued that because of this constitutional protection: "in Syria, no laws or measures restrict the liberty of movement or choice of residence of citizens". Legislative Decree No. 29 of 1970 regulates the right of foreigners to enter, reside in and leave the territory of Syria, and is the controlling document regarding the issuance of passports, visas, and diplomatic travel status. The document specifically states "The latter provision is intended merely to ensure that our country is not the final destination of stateless persons." However, Syria has been criticized by groups, including Amnesty International for restrictions to freedom of movement. In August 2005, Amnesty International released an "appeal case", citing several freedom of movement restrictions including exit restriction without explanation, refusal to issue passports to political dissidents, detention, restriction from entering certain structures, denial of travel documents, and denial of nationality. The United Nations Human Rights Committee issues regular reports on human rights in Syria, including freedom of movement. There are certain restrictions on movement placed on Women, for example Syrian law now allows males to place restrictions on certain female relatives. Women over the age of 18 are entitled to travel outside of Syria, however a woman's husband may file a request for his wife to be banned from leaving the country. From July 2013, in certain villages in Syria (such as
Raqqa Raqqa ( ar, ٱلرَّقَّة, ar-Raqqah, also and ) ( Kurdish: Reqa/ ڕەقە) is a city in Syria on the northeast bank of the Euphrates River, about east of Aleppo. It is located east of the Tabqa Dam, Syria's largest dam. The Hellenistic, ...
and Deir el-Zour),
ISIS Isis (; ''Ēse''; ; Meroitic: ''Wos'' 'a''or ''Wusa''; Phoenician: 𐤀𐤎, romanized: ʾs) was a major goddess in ancient Egyptian religion whose worship spread throughout the Greco-Roman world. Isis was first mentioned in the Old Kin ...
no longer allow women to appear in public alone, they must be accompanied by a male relative/guardian known as a ''mahram''. People who tried to leave ISIS territory were routinely tortured and executed.


Palestine

The restriction of the movement of
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
is and Palestinians in Israel and the West Bank by
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
and the
Palestinian National Authority The Palestinian National Authority (PA or PNA; ar, السلطة الوطنية الفلسطينية '), commonly known as the Palestinian Authority and officially the State of Palestine,
is one issue in the Israel-Palestine conflict. In the mid-1990s, with the implementation of the Oslo Accords and the division of the West Bank into three separate administrative divisions, Israeli freedom of movement was limited by law. Israel says that the regime of restrictions is necessary to protect Israelis both in Israel proper and in the West Bank. Checkpoints exist throughout and at entrances and exits to the West Bank that limit the movement of non-Israelis on the basis of nationality, age, and sex among other criteria.''Checkpoints, Physical Obstructions, and Forbidden Roads''
B'Tselem, Updated 24 November 2013
"OCHA Closure Update"
(PDF). United Nations Office for the Coordination of Humanitarian Affairs. May 2008. Retrieved 2010-03-29.
While many such checkpoints are static, many are random, or move around frequently. Full closures of the West Bank to any entrance or exit are frequent, generally taking place on Jewish Holidays."IDF closes West Bank for Passover"
. Jewish Telegraphic Agency. 2010-03-28. Retrieved 2010-03-29.
Residents of Gaza are only allowed to travel to the West Bank in exceptional humanitarian cases, particularly urgent medical cases, but ''not'' including marriage. It is possible to travel from the West Bank to Gaza only if the person pledges to permanently relocating to Gaza. Gazan residents are only admitted to Israel in exceptional humanitarian cases. Since 2008, they are not allowed to live or stay in Israel because of marriage with an Israeli. Israelis who want to visit their partner in Gaza need permits for a few months, and Israelis can visit their first‐degree relatives in Gaza only in exceptional humanitarian cases.


Africa

Freedom of movement laws and restrictions vary from country to country on the African continent, however several international agreements beyond those prescribed by the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
govern freedom of movement within the African continent
The African Charter on Human and People's Rights
Article 12 outlines various forms of movement-related freedoms. It asserts: # Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. # 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. # 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. # 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. # The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups. The ideals of the Charter are, in principle, supported by all signatory governments, though they are not rigorously followed. There have been attempts to have intellectuals recognized as having special freedom of movement rights, to protect their intellectual ideals as they cross national boundaries.


South Africa

Under
apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
, freedom of movement for nonwhites was limited by
pass laws In South Africa, pass laws were a form of internal passport system designed to segregate the population, manage urbanization and allocate migrant labor. Also known as the natives' law, pass laws severely limited the movements of not only blac ...
beginning with the Natives (Urban Areas) Act 1923 requiring black men to have a pass with them to enter cities. After the National Party imposed
apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
in the 1950s, these laws were expanded to prohibit all non-whites from remaining in cities for longer than 72 hours. Beyond the African Charter on Human and People's Rights, the
Constitution of South Africa The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Gov ...
also contains express freedoms of movement, in section 21 of Chapter 2. Freedom of movement is guaranteed to "everyone" in regard to leaving the country but is limited to citizens when entering it or staying in it. Citizens also have a right to a passport, critical to full exercise of the freedom of movement internationally.


Europe


France

Many countries mention freedom of movement in their constitutional texts, but France does not. Freedom of movement in France is ruled both by The Universal Declaration of Human Rights of 1948 and the Schengen Agreement of 1990, promoting freedom of movement and no more borders controls for European citizen on the European territory. In theory, citizens in France are free to travel without any police control on the national territory. Although until the 1980s any person (either tourists or French citizens) had to fill up an information sheet then given to the police, writing on it its personal situation before booking a
hotel room A hotel is an establishment that provides paid lodging on a short-term basis. Facilities provided inside a hotel room may range from a modest-quality mattress in a small room to large suites with bigger, higher-quality beds, a dresser, a re ...
. This law does not exist anymore however. Since the Schengen Agreement in 1990, freedom of movement slightly spread to 22 countries of the European Union (
Bulgaria Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedo ...
,
Romania Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...
,
Cyprus Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is ...
and
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = " Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capi ...
were not European members yet), and to
Norway Norway, officially the Kingdom of Norway, is a Nordic countries, Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of ...
,
Iceland Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its ...
,
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
and
Liechtenstein Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German language, German-speaking microstate located in the Alps between Austria and Switzerland. Liechtenstein is a semi-constit ...
as these countries own an associated status towards the EU. As European citizens, French people are free to go to one European country to another without restrictions. France is one of the most welcomed countries in the world. Citizens are indeed able to travel to 186 destinations in the world, making Franc

one of the most welcomed countries according to the Henley passport index.


Ireland

In the
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. ...
, the Thirteenth Amendment of the Constitution of Ireland, Thirteenth Amendment was adopted in November 1992 by
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
in order to ensure freedom of movement in the specific circumstance of a woman traveling abroad to receive an
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
. However, with the successful repeal of the Eighth Amendment of the Irish Constitution on 25 May 2018, which ensures the right to an abortion, this previous amendment is no longer necessary.


Italy

In
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
, freedom of movement is enshrined in Article 16 of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
, which states: "Every citizen has the right to reside and travel freely in any part of the country, except for such general limitations as may be established by law for reasons of health or security. No restriction may be imposed for political reasons. Every citizen is free to leave the territory of the republic and return to it, notwithstanding any legal obligations."


Norway (Svalbard)

Uniquely, the Norwegian special territory of Svalbard is an entirely visa-free zone under the terms of the
Svalbard Treaty The Svalbard Treaty (originally the Spitsbergen Treaty) recognises the sovereignty of Norway over the Arctic archipelago of Svalbard, at the time called Spitsbergen. The exercise of sovereignty is, however, subject to certain stipulations, and ...
.


Poland

Polish nationals holding dual citizenship are required to use Polish travel documents (a
Polish passport A Polish passport ( pl, paszport) is an international travel document issued to nationals of Poland, and may also serve as proof of Polish citizenship. Besides enabling the bearer to travel internationally and serving as indication of Polish c ...
or, within the European Union, a Polish National ID card (Dowód osobisty)) while travelling in the Schengen Area. Poland requires all Polish citizens (including foreign citizens who are, who can be claimed to or are suspected to hold Polish citizenship) to enter and depart Poland using Polish travel documents.


Russia

Article 27 of The
Russian Constitution The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication, and abolished the Soviet system of go ...
states that "1.Every who legally stays in the territory of the Russian Federation shall have the right to free travel, choice of place of stay or residence. 2.Everyone may freely leave the Russian Federation. Citizens of the Russian Federation shall have the right to freely return to the Russian Federation." Freedom of movement of Russian citizens around the country is legally limited in a number of situations, including the following: * In closed cities (mainly nuclear research centers). Special permits are necessary for both visiting and settling there. * In certain areas near Russia's international border. * In areas with declared
state of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
. * In the interests of justice (imprisonment, bailiff's order, arrest, undertaking not to leave during a criminal investigation etc.). * For citizens under
military conscription Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day un ...
. Since the abandonment of propiska system in 1993, new legislation on registration of residence was passed. Unlike propiska, which was a permit to reside in a certain area, registration of residence as worded in the law is merely notification. According to the Russian legislation, there are two types of registration which a person may obtain simultaneously. Permanent registration is obligatory and gives the right for property ownership, temporary registration can be received for a period of time due to rental contract. However, administrative procedures developed "in implementation" of the registration law imposed some conditions on registration which effectively made it depend on the landlord's assent. Since landlords are often not willing to register tenants or guests in their properties due to tax payments, many internal migrants are prevented from performing their legal duty to register. Before 2004, it was common for police to fine those having failed to register within 3 working days at a place of stay. In 2004, the maximum permitted registration lag was raised to 90 days making prosecution infeasible, removing practical obstacles to free movement. The Russian citizens' right to leave Russia may be legally suspended on a number of reasons including: * The case of obtaining access to classified documents while working for the state or the military, during the time when access is granted and up to 5 years afterwards. This limitation is commonly included as a provision in one's contract of employment. * Detention on being prosecuted as a defendant or suspicion of committing a crime. * Military conscription. According to the 62 article of the
Russian Constitution The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication, and abolished the Soviet system of go ...
, citizen of Russia may have the citizenship of a foreign State ( dual citizenship), but that does not "free him from the obligations stipulated by the Russian citizenship". Russian citizens possessing foreign citizenship may not enter or leave Russia on foreign travel documents. Russian consular offices do not grant visas to foreign passport holders who are (or are suspected to be) Russian citizens.


Serbia

Everyone has the right to move and settle freely in the Republic of Serbia, to leave it, and to return to it. Freedom of movement and residence and the right to leave the Republic of Serbia may be restricted by the law if this is necessary for the conduct of criminal proceedings, protection of public order and peace, prevention of the spread of infectious diseases, or defense of the Republic of Serbia.


Turkey

According to Article 23 of the Turkish Constitution, each individual in the Republic of Turkey has the right to travel from one place to another. The freedom of a citizen to travel abroad may be restricted due to his / her citizenship duty or criminal investigation or prosecution. Citizens cannot be deported and denied the right to enter the country.


United Kingdom

Britons have long enjoyed a comparatively high level of freedom of movement. Apart from Magna Carta, the protection of rights and liberties in this field has tended to come from the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
rather than formal constitutional codes and conventions, and can be changed by Parliament without the protection of being entrenched in a constitution. It has been proposed that a range of specific state restrictions on freedom of movement should be prohibited under a new or comprehensively amended Human Rights Act. The new basic legal prohibitions could include: road tolls and other curbs on freedom of travel and private vehicle ownership and use; personal identity cards (internal passports, citizenship licenses) that must be produced on demand for individuals to access public services and facilities; and legal requirements for citizens to register changes of address or partner with the state authorities."The Legal Protection Of Democracy & Freedom: The Case For A New Written Constitution & Bill Of Rights", in Lewis F. Abbott, ''British Democracy: Its Restoration & Extension,'' ISR/Google Books, 2006.

/ref>


North America


Canada

The
Constitution of Canada The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
contains mobility rights expressly in section 6 of the
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...
. The rights specified include the right of citizens to leave and enter the country and the right of both citizens and permanent residents to move within its boundaries. However, the subsections protect poorer regions' affirmative action programs that favour residents who have lived in the region for longer. Section 6 mobility rights are among the select rights that cannot be limited by the Charter's notwithstanding clause. Canada's
Social Union Framework Agreement The Social Union Framework Agreement, or SUFA, was an agreement made in Canada in 1999 between Prime Minister Jean Chrétien and the premiers of the provinces and territories of Canada, except Quebec Premier Lucien Bouchard. It concerns equality o ...
, an agreement between governments made in 1999, affirms that "All governments believe that the freedom of movement of Canadians to pursue opportunities anywhere in Canada is an essential element of Canadian citizenship." In the Agreement, it is pledged that "Governments will ensure that no new barriers to mobility are created in new social policy initiatives."


United States

Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the
United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
which states, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." As far back as the circuit court ruling in '' Corfield v. Coryell,'' 6 Fed. Cas. 546 (1823), freedom of movement has been judicially recognized as a fundamental Constitutional right. In '' Paul v. Virginia,'' 75 U.S. 168 (1869), the Court defined freedom of movement as "right of free ingress into other States, and egress from them." However, the Supreme Court did not invest the federal government with the authority to protect freedom of movement. Under the "privileges and immunities" clause, this authority was given to the states, a position the Court held consistently through the years in cases such as '' Ward v. Maryland,'' 79 U.S. 418 (1871), the '' Slaughter-House Cases,'' 83 U.S. 36 (1873) and ''
United States v. Harris ''United States v. Harris'', 106 U.S. 629 (1883), or the ''Ku Klux Kase'', was a case in which the US Supreme Court held that it was unconstitutional for the federal government to penalize crimes such as assault and murder in most circumstances. ...
,'' 106 U.S. 629 (1883).Duster, Michael J. "Criminal Justice System Reform Symposium: Note: Out of Sight, Out of Mind: State Attempts to Banish Sex Offenders." ''Drake Law Review.'' 53:711 (Spring 2005)."Note: Membership Has Its Privileges and Immunities: Congressional Power to Define and Enforce the Rights of National Citizenship." ''Harvard Law Review.'' 102:1925 (June 1989). Internationally, § 215 of the Immigration and Nationality Act of 1952 (currently codified at 8 U.S.C.br>§ 1185
, it is unlawful for a United States citizen to enter or exit the United States without a valid United States passport.


Oceania


Australia

No federal Australian legislation guarantees freedom of movement within the Commonwealth of Australia. Various Australian laws restrict the right on various grounds. Until 1 July 2016, Norfolk Island had immigration controls separate from those of the remainder of Australia and a permit was required for
Australian citizens Australians, colloquially known as Aussies, are the citizens, nationals and individuals associated with the country of Australia. This connection may be residential, legal, historical or ethno-cultural. For most Australians, several (or all) ...
or residents to enter. In August 2014 the Australian Commonwealth Government proposed regulating the rights of Australian citizens to travel to and from designated areas associated with
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
.


Central America


Saint Martin

In the island of Saint Martin, divided between
Sint Maarten Sint Maarten () is a constituent country of the Kingdom of the Netherlands in the Caribbean. With a population of 41,486 as of January 2019 on an area of , it encompasses the southern 44% of the divided island of Saint Martin, while the northe ...
(part of the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
) and the
Collectivity of Saint Martin The Collectivity of Saint Martin (french: Collectivité de Saint-Martin), commonly known as simply Saint Martin (, ), is an overseas collectivity of France in the West Indies in the Caribbean, on – but not identical with – the island of S ...
(part of France), freedom of movement is allowed between both halves of the island as stated in the 1648 Treaty of Concordia. It is possible that this may have influenced the development of a common identity in the island, which has led to a proposed unification of it.


See also

* Border control * Freedoms of the air * Hypermobility (travel) * Leave to enter * Right of asylum * Right of return * Transport divide * Illegal emigration


References


External links


Freedom of Movement and limitations thereof in CubaUN General Assembly, Universal Declaration of Human Rights, Article 13UN Human Rights Committee, General Comment No. 27: Freedom of Movement
{{DEFAULTSORT:Freedom Of Movement International travel documents Human rights by issue