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Freedom of movement, mobility rights or the right to travel is a human rights concept which is respected in the constitutions of numerous Western states. It asserts that a citizen 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. Remnant of the Berlin Wall near Potsdamer Platz, June 2003. ...
National motto: none Official languages German Capital East Berlin Largest city East Berlin Area - Total - % water Ranked 106th 108,333 km² Negligible Creation -Abolition 7 October 1949 3 October 1990 Currency East German Mark Time zone – in summer CET (UTC+1) CEST (UTC+2) National anthem Auferstanden aus Ruinen Internet...
Combatants Allies: Poland, British Commonwealth, France/Free France, Soviet Union, United States, China, and others Axis Powers: Germany, Italy, Japan, and others Casualties Military dead:17 million Civilian dead:33 million Total dead:50 million Military dead:8 million Civilian dead:4 million Total dead:12 million World War II...
Human rights are rights which some hold to be inalienable and belonging to all humans. ...
The term Western world or the West can have multiple meanings depending on its context. ...
A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, which successfully claims the monopoly on the use of force. ...
The word citizen may refer to: A person with a citizenship Citizen Watch Co. ...
A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, which successfully claims the monopoly on the use of force. ...
Freedom of movement is often more limited for minors, and penal law can modify this right as it applies to convicted felons (for instance, parole, probation, registration). 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. In some instances, the laws of a nation may assert a guarantee of this right, but lawless conditions may make unfettered movement impossible. Parole can have different meanings depending on the context. ...
Probation is the suspension of a prison or jail sentence - the criminal who is on probation has been convicted of a crime, but instead of serving prison time, has been found by the Court to be amenable to probation and will be returned to the community for a period in...
The only atomic weapons ever used in war - the atomic bombing of Nagasaki, Japan by the United States on August 9, 1945, effectively ending World War II. The bombs over Hiroshima (August 6) and Nagasaki immediately killed over 120,000 people. ...
History
The right to travel is enshrined in Article 42 of the Magna Carta: Magna Carta Magna Carta (Latin for Great Charter, literally Great Paper), also known as Magna Carta Libertatum, was originally an English charter from 1215. ...
- 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.
Article 12(2) of the International Covenant on Civil and Political Rights also defends this right. The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966. ...
Institutional laws by country Freedom of movement is considered a natural law in the absense of any institutional restrictions. Many countries create guarantees in their charters or constitutions to specifically prohibit institutional restrictions from forming. In nations where all rights are granted to the citizen unless the citizen relinquishes specific rights, freedom of movement is generally assumed by the court system. It has been suggested that Law of nature (precept) be merged into this article or section. ...
Positive law is law that has been codified into a written form. ...
Human rights are rights which some hold to be inalienable and belonging to all humans. ...
A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ...
United States In the United States, no specific law guarantees this right, but the Supreme Court of the United States has held in a number of cases that such a right necessarily exists. In Kent v. Dulles, 357 U.S. 116 (1958), the Secretary of State had refused to issue a passport, based on the suspicion that the plaintiff was going abroad to promote communism. Justice William O. Douglas wrote for the Court: The Supreme Court of the United States is the highest judicial body in the U.S. and leads the judicial branch of the U.S. federal government. ...
// Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand Australia and India to uniquely identify the location of past court cases in special series of books called reporters. ...
1958 (MCMLVIII) was a common year starting on Wednesday of the Gregorian calendar. ...
In several countries, Secretary of State is a senior government position. ...
The title page of European Union member state passports bears the name European Union, then the name of the issuing country, in the official languages of all EU countries. ...
A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. ...
This article is about communism as a form of society and as a political movement. ...
William Douglas William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ...
- The right to travel is a part of the 'liberty' of which the citizen cannot be deprived without due process of law under the Fifth Amendment. . . . Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, . . . may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.
The issue of freedom of movement has received new attention in the United States as of 2004; in particular, concerning the methods and internal practices of the Transportation Security Administration. Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ...
The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ...
2004 is a leap year starting on Thursday of the Gregorian calendar. ...
The Transportation Security Administration (TSA) was created as part of the Aviation and Transportation Security Act passed by the U.S. Congress and signed into law by President George W. Bush on November 19, 2001. ...
Another issue of contention deals with freedom of movement across U.S. national borders. The United States has long been lax in permitting persons to cross from Canada into the United States. Concerns about drug trafficking and illegal immigrants seeking employment have led to much stricter controls on those crossing the border from Mexico.
Canada The Constitution of Canada contains mobility rights expressly in section 6 of the Canadian Charter of Rights and Freedoms. 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. The Constitution of Canada is the supreme law in Canada. ...
The right to live and work anywhere in Canada. ...
The Charter, signed by Prime Minister Pierre Trudeau in 1981. ...
Permanent residency refers to a persons status such that the person is allowed to reside indefinitely within the country despite not having citizenship. ...
To meet Wikipedias quality standards, this article or section may require cleanup. ...
Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ...
South Africa The Constitution of South Africa 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. The current and official Constitution of South Africa was adopted on 8 May 1996. ...
The title page of European Union member state passports bears the name European Union, then the name of the issuing country, in the official languages of all EU countries. ...
Ireland In Ireland, the Thirteenth Amendment of the Constitution of Ireland ensures the freedom of movement in the specific circumstance of a women traveling abroad to receive an abortion - a practice that is banned in Ireland itself. The Thirteenth Amendment of the Constitution of Ireland specifies that the prohibition of abortion would not limit freedom of travel from Ireland to other countries where a person might legally obtain an abortion. ...
European Union Within the European Union, residents are guaranteed the right to freely move within the EU's internal borders by European Parliament 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 identity card. 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. [1]. Furthermore, no EU citizen may be declared permanently persona non grata within the European Union, or permanently excluded from entry by any member state.
External links - Freedom of Travel policy within the European Union
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