Freedom of movement, mobility rights or the right to travel is a human rights Human rights are "rights and freedoms to which all humans are entitled." Proponents of the concept usually assert that everyone is endowed with certain entitlements merely by reason of being human concept that the constitutions A constitution is a set of laws that a set of people have made and agreed upon for government—often codified as a written document—that enumerates and limits the powers and functions of a political entity. These rules together make up, i.e. constitute, what the entity is. In the case of countries and autonomous regions of federal countries the of numerous states A state is a set of institutions that possess the authority to make the rules that govern the people in one or more societies, having internal and external sovereignty over a definite territory. In Max Weber's influential definition, it is that organization that has a "monopoly on the legitimate use of physical force within a given territory& respect. It asserts that a citizen Citizenship status, under social contract theory, carries with it both rights and responsibilities. "Active citizenship" is the philosophy that citizens should work towards the betterment of their community through economic participation, public , volunteer work, and other such efforts to improve life for all citizens. In this vein, of a state, in which that citizen is present, generally has the right to leave that state, travel wherever the citizen is welcome, and, with proper documentation, return to that state at any time; and also (of equal or greater importance) to travel to, reside in, and/or work in, any part of the state the citizen wishes without interference from the state. Some immigrants' rights advocates assert that human beings have a fundamental human right to mobility not only across states but across nations. Ray Ybarra, an immigrants rights activist and filmmaker, coined the concept of human mobility to apply to international freedom of movement. According to Ybarra, human mobility is a fundamental human right.

Common limitations

Nevertheless, restrictions on international freedom of movement (immigration or emigration) are commonplace. Within countries, freedom of movement is often more limited for minors, and penal law In the most general sense, penal is the body of laws that are enforced by the State in its own name and impose penalties for their violation, as opposed to civil law that seeks to redress private wrongs. This usage is synonymous with criminal law and is covered in that article can modify this right as it applies to persons charged with or convicted of crimes (for instance, parole Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their word of honor to abide by certain restrictions. One, probation Probation is a sentence which may be imposed by a criminal court, in lieu of incarceration. A criminal who is "on probation" could be considered as convicted of a crime, but has served only part of the sentence in prison, or has not served time at all. In cases of deferred adjudication, after completing probation, the offender might be, 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 War is a behaviour pattern exhibited by many primate species including humans, and also found in many ant species. The primary feature of this behaviour pattern is a certain state of organized violent conflict that is engaged in between two or more separate social entities. Such a conflict is always an attempt at altering either the psychological. In some instances, the laws of a nation may assert a guarantee of this right, but lawless conditions may make unfettered movement impossible. In other instances, a nation whose written laws codify such rights may fail to actually provide them. Other common political-legal restrictions on freedom of movement are:

• national and regional official minimum wage tariff barriers to labour market entry (free movement or migration of workers);
• official identity cards An identity document is any document which may be used to verify aspects of a person's personal identity. If issued in the form of a small, mostly standard-sized card, it is usually called an identity card (IC). In some countries the possession of a government-produced identity card is compulsory while in others it may be voluntary. In countries (internal passports, citizenship licenses) that must be carried and produced on demand;
• obligations on persons to register change of address or partner with the state authorities;
• protectionist local-regional barriers to housebuilding and therefore settlement in particular districts; and
• road toll barriers to the free movement of persons by motor cars.

Philosophical grounds for a right to move

Scholars have attempted to base a universal "right to move" on several philosophical grounds, including the idea of a common ownership of the earth, a natural right of movement existing prior to the advent of nation states, an ethics of cosmopolitanism, and utilitarian notions of the benefits of immigration to both receiving countries and immigrants.^[1]

Freedom of movement between private parties

Freedom of movement is not construed as a right to permit an individual to enter private property Private property is the right of persons and firms to obtain, own, control, employ, dispose of, and bequeath land, capital, and other property. Private property can take the form of real estate, homes, factories, automobiles, capital, patents and copyrights. It is distinguished from public property, which refers to assets owned by a state, of another. Such an unauthorized entry constitutes a trespass Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such, often punishable as a tort A Tort is the French word for a "wrong." A tort is a civil wrong. A civil wrong involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs or a crime Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction. Individual human societies may each define crime and crimes differently. While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as ", for which the private landowner can summon public officials to remove a trespasser from the landowner's property. In some jurisdictions, questions have arisen as to the extent to which a private owner of land can exclude certain persons from land used for public purposes, such as a shopping mall A shopping mall is one or more buildings forming a complex of shops representing merchandisers, with interconnecting walkways enabling visitors to easily walk from unit to unit, along with a parking area – a modern, indoor version of the traditional marketplace or a park A park is a protected area, in its natural or semi-natural state, or planted, and set aside for human recreation and enjoyment, or for the protection of wildlife or natural habitats. It may consist of rocks, soil, water, flora and fauna and grass areas. Many parks are legally protected by law. There is also a rule of law that a landowner whose property is completely boxed in by that of other private landowners shall have the right to cross private land if that is necessary to reach a public thoroughfare. The concept is also used as the basis for enacting laws to prevent alternate use of streets, roads and right-of-ways from blocking or restricting freedom of movement such as block parties and playing basketball.

There is a converse duty for a private person not to impede the free movement of another. Where a person prevents another from freely leaving an area, either by physically imprisoning them or by threats, that person may be subject to a lawsuit A lawsuit, or "suit in law", is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's actions, seeks a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the for false imprisonment False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention. When it comes to public police, the proving of false imprisonment is sufficient to obtain a writ of habeas corpus, and to criminal charges for kidnapping In criminal law, kidnapping is the taking away or transportation of a person against the person's will, usually to hold the person in false imprisonment, a confinement without legal authority. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute.

Entrance restrictions in certain countries

Exit restrictions in certain countries

Some countries, such as the defunct Soviet Union The Union of Soviet Socialist Republics was a constitutionally socialist state that existed in Eurasia from 1922 to 1991. The name is a translation of the Russian: Союз Советских Социалистических Республик (help·info), tr. Soyuz Sovetskikh Sotsialisticheskikh Respublik, IPA [sɐˈjʊs sɐˈvʲeʦkʲɪx səʦɪ, required that their citizens, and sometimes foreign travelers, obtain an exit visa A visa does not generally give a person any rights beyond the right to enter a country and remain there. Anything beyond those basic entitlements requires special permits, such as a residency permit or work permit to be allowed to leave the country. Currently, foreign students in Russia Russia (pronounced /ˈrʌʃə/ ; Russian: Россия, tr. Rossiya, pronounced [rɐˈsʲijə] ( listen)), also officially known as the Russian Federation (Russian: Российская Федерация, pronounced [rɐˈsʲijskəjə fʲɪdʲɪˈraʦəjə] ( listen)), is a state in northern Eurasia. It is a federal semi-presidential republic, are issued only an entry visa on being accepted to University there, and must obtain an exit visa to return home. The United States requires foreign students to receive permission from the school to exit. This is done by official signature on an I-20 form. Without the signature the student will not be allowed to exit (if checked) or re-enter.

Citizens of the People's Republic of China b. ^ Simple characterizations of the political structure since the 1980s are no longer possible who are residents of the mainland Mainland China, Continental China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China on the Asian mainland. This term excludes the PRC Special Administrative Regions of Hong Kong and Macau are required to apply for special permits in order to enter the Special Administrative Regions of Hong Kong Hong Kong[note 3] is one of two special administrative regions (SAR) of the People's Republic of China; the other is Macau. Situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour. With a land mass of 1,104 km2 (426 sq mi) and a population of seven and Macau Macau , also known as Macao (pronounced /məˈkaʊ/) is one of the two special administrative regions of the People's Republic of China, the other being Hong Kong. Macau lies on the western side of the Pearl River Delta, bordering Guangdong province to the north and facing the South China Sea in the east and south (and SAR residents require a Home Return Permit A Home Return Permit , also referred to as a Home Visit Permit or China Back Home Pass, is the colloquial name for the national identity document officially known as the Mainland Travel Permit for Hong Kong and Macau Residents issued to PRC citizens who are residents of Hong Kong and Macau as the entry permit to mainland China. The permit is to visit the mainland).

Saudi Arabia Saudi Arabia (Arabic: المملكة العربية السعودية‎) is the largest Arab country of the Middle East. It is bordered by Jordan and Iraq on the north and northeast, Kuwait, Qatar, Bahrain and the United Arab Emirates on the east, Oman on the southeast, and Yemen on the south. The Persian Gulf lies to the northeast and the Red Sea requires all resident foreigners, but not citizens, to obtain an exit visa before leaving the kingdom.

Sometimes restrictions are placed on leaving that are specific to the intended destination. In the United States travel to Cuba is restricted with the ostensible goal of putting pressure on Cuba by denying it income from American travelers.

History

When Augustus Gaius Julius Caesar Augustus was the first emperor of the Roman Empire, which he ruled alone from 27 BC until his death in 14 AD.[note 1] Born Gaius Octavius Thurinus, he was adopted posthumously by his great-uncle Gaius Julius Caesar in 44 BC, and between then and 27 BC was officially named Gaius Julius Caesar. In 27 BC the Senate awarded him the established the Roman Empire The Roman Empire was the post-Republican phase of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean. The term is used to describe the Roman state during and after the time of the first emperor, Augustus in 27 BC Year 27 BC was a common year starting on Sunday of the Julian calendar, he assumed monarchical powers over the new Roman province of Egypt The Roman province of Egypt was established in 30 BC after Octavian (the future emperor Augustus) defeated his rival Mark Antony, deposed his lover Queen Cleopatra VII and annexed the Ptolemaic kingdom of Egypt to the Roman Empire. The province encompassed most of modern-day Egypt except for the Sinai Peninsula (which would later be conquered by and was able to prohibit Senators The Roman Senate was a political institution in ancient Rome. It was one of the most enduring institutions in Roman history, being founded in the first days of the city . It survived the fall of the kings in 509 BC, the fall of the Roman Republic in the first century BC, the split of the Roman Empire in 395 AD, and the fall of the Western Roman 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 that may apply to any faunal species. This phenomenon is usually accompanied by regional malnutrition, starvation, epidemic, and increased mortality in 6 AD, he attempted to relieve strain on the food supply by granting senators the liberty to leave Rome Rome (English pronunciation: /ˈroʊm/; Italian: Roma listen , pronounced [ˈroːma]; Latin: Rōma) is the capital of Italy and the country's largest and most populated municipality (central area), with over 2.7 million residents in 1,285.3 km2 (496.3 sq mi). While the population of the urban area was estimated by Eurostat to have been 3.46 and to travel to wherever they wished.^[2]

In England The area now called England has been settled by people of various cultures for about 35,000 years, but it takes its name from the Angles, one of the Germanic tribes who settled during the 5th and 6th centuries. England became a unified state in AD 927, and since the Age of Discovery, which began during the 15th century, has had a significant in 1215, the right to travel was enshrined in Article 42 of the Magna Carta Magna Carta is an English charter, originally issued in the year 1215, and reissued later in the 13th century in modified versions which omit certain temporary provisions, including the most direct challenges to the monarch's authority. The charter first passed into law in 1225. The 1297 version, described as The Great Charter of the Liberties of:

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, a measure instituted by Joseph II Joseph II was Holy Roman Emperor from 1765 to 1790 and ruler of the Habsburg lands from 1780 to 1790. He was the eldest son of Empress Maria Theresa and her husband, Francis I. He was thus the first ruler in the Austrian dominions of the House of Lorraine, styled Habsburg-Lorraine (von Habsburg-Lothringen in German). Joseph was a proponent of in 1781 had permitted serfs Serfdom is the socio-economic status of unfree peasants under feudalism, and specifically relates to Manorialism. It was a condition of bondage or modified slavery which developed primarily during the High Middle Ages in Europe. Serfdom was the enforced labour of serfs on the fields of landowners, in return for protection and the right to work on freedom of movement. The serfs of Russia 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, were deprived of freedom of movement and confined to their places of residence.^[3]

After World War II Albania · Australia · Austria · Azerbaijan · Belarus · Belgium · Brazil · Bulgaria · Burma · Cambodia · Canada · Ceylon (Sri Lanka) · Channel Islands · China · Czechoslovakia · Denmark · Dutch East Indies · Egypt · Estonia · Finland · France · Germany · Gibraltar · Greece · Greenland · Hong Kong · Hungary · Iceland ·, the United Nations The United Nations Organization or simply United Nations (UN) (Arabic: الأمم المتحدة, French: Organisation des Nations Unies, Chinese: 联合国 / 聯合國, Spanish: Organización de las Naciones Unidas, Russian: Организация Объединённых Наций) Filipino: Organisasyon ng Nagkakaisang mga Bansa is an was established. 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 is a declaration adopted by the United Nations General Assembly on December 10, 1948 at the Palais de Chaillot in Paris. The Declaration has been translated into at least 375 languages and dialects, making it the most widely translated document in the world. The Declaration arose directly from the (1948) and the International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976. It commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of (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 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".

Institutional laws by region

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 Organization or simply United Nations (UN) (Arabic: الأمم المتحدة, French: Organisation des Nations Unies, Chinese: 联合国 / 聯合國, Spanish: Organización de las Naciones Unidas, Russian: Организация Объединённых Наций) Filipino: Organisasyon ng Nagkakaisang mga Bansa is an govern freedom of movement within the African continent. The African Charter on Human and People's Rights, Article 12, guarantees that every individual will have the right to freedom of movement within the borders of their own state so long as they abide by the state's laws.^[4]The Charter also recognizes the right to leave and return to one's country at will, barring concerns of national security, public health, or a threat to the general population. The charter also prevents the mass expulsion of entire groups of people.^[5] However, these laws are not necessarily followed or enforced, as evidenced recently by the genocide and mass expulsion in Sudan. 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.^[6]

The Constitution of South Africa The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the Republic of South Africa, sets out the rights and duties of the citizens of South Africa, and defines the structure of the Government of South Africa. The current Constitution of South Africa was adopted by 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 A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth. Most often, nationality and citizenship are congruent.

Burma/Myanmar

The military regime in Burma Burma, officially the Union of Myanmar, is the largest country by geographical area in mainland Southeast Asia. The country is bordered by People's Republic of China on the north-east, Laos on the east, Thailand on the south-east, Bangladesh on the west, India on the north-west and the Bay of Bengal to the south-west with the Andaman Sea defining has been criticized for allegations of restrictions to freedom of movement.^[7] These include restrictions on movement by political dissidents,^[8] women,^[9] and migrant workers.^[9] Burmese passports contain a microchip embedded in them that carries identifying information about the passport holder. UN special envoy Razali Ismail Tan Sri Razali Ismail is a distinguished Malaysian diplomat. He holds a Bachelor of Arts degree with Honors in literature and the humanities from Universiti Malaya and an Honorary Doctorate from Universiti Kebangsaan Malaysia, part owner of Iris corporation, which won the contract to install the new system, dismissed security concerns, and said, "Must you think of things in such sinister terms? Anyway, it’s only for those people who want to travel outside. In most cases, those will be government people."^[10]

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